Right of Withdrawal in Rotterdam
As a consumer in Rotterdam, you benefit from the right of withdrawal, which gives you a 14-day cooling-off period to return an online ordered product or service without providing a reason. This protects against buyer's remorse in distance sales, such as via the internet or telephone. Learn when and how to exercise this right, with local tips for the port city.
When Does the Right of Withdrawal Apply in Rotterdam?
The right of withdrawal is a key element of consumer law and applies to distance contracts or off-premises sales. Examples include orders via webshops, telephone, mail, or Rotterdam markets like the famous Zwaanshalsmarkt. It does not apply in physical stores such as those in the Lijnbaan, unless the seller offers voluntary return policies.
The 14-day cooling-off period starts upon receipt of the product or, for services, upon conclusion of the contract. If the seller fails to provide mandatory information, the period extends to 12 months. In case of doubt, consult the Juridisch Loket Rotterdam for free advice.
Legal Basis
The right of withdrawal is set out in Book 6, Title 5.4.2a of the Dutch Civil Code (DCC): 'Distance contracts and off-premises contracts'. Key articles:
- Article 6:230m DCC: 14-day cooling-off period.
- Article 6:230n DCC: Seller's information obligations.
- Article 6:230o DCC: Exercising the withdrawal.
- Article 6:230p DCC: Exceptions.
Based on EU Directive 2011/83/EU, effective since 2014. For Rotterdam businesses: Disputes are handled by the Rotterdam District Court.
Rights and Obligations upon Withdrawal
Your rights:
- Return without giving a reason within 14 days.
- Full refund, including standard shipping costs, within 14 days.
- Extended period up to 12 months if information is missing.
Your obligations:
- Return the product undamaged, with accessories and packaging.
- Pay for return shipping, unless otherwise specified.
- Limited use: no unnecessary wear and tear.
If damage is caused by you, the seller may refuse the return.
Exceptions
Some products/services are excluded. Overview:
| Category | Exception | Example |
|---|---|---|
| Hygiene | Opened | Underwear, swimwear |
| Personalisation | Custom-made | Engraved jewelry |
| Services | Performed with consent | Rotterdam concert tickets |
| Fresh | Perishable | Fresh fish from the market |
| Software | Opened media | Games on CD |
See Article 6:230p DCC for the full list. Always check the terms and conditions.
Practical Examples for Rotterdam
Example 1: Online fashion. You order a jacket from a Rotterdam webshop on October 1, receive it on October 5. Withdraw by October 19 via email. Seller refunds within 14 days.
Example 2: Mobile subscription. Phone contract? Services cannot start before 14 days without your consent. Use the model form.
Example 3: Rotterdam market. Lamp from the Oude Noorden market: no right of withdrawal. But via an online platform, yes.
Example 4: No information. Webshop silent on the right? Period up to 14 days after notification, max 12 months.
Frequently Asked Questions
Return if it doesn't fit?
Yes, no reason needed. Within 14 days and in good condition: withdraw. Not fitting falls under the cooling-off period.
Return shipping costs?
You pay, unless free returns or seller's error. Standard costs are refunded.
No refund?
Send a written reminder. Then: Juridisch Loket Rotterdam, ACM, or Rotterdam District Court.
Second-hand?
Yes, from professionals. Not from private sellers (Article 6:217 DCC).
Tips for Rotterdam Residents
Make the most of it:
- Check terms beforehand, search for 'return'.
- Model form from Juridisch Loket Rotterdam.
- Keep receipts and emails.
- Test limited, as in a store.
- Problems? Go to Juridisch Loket Rotterdam or Rotterdam District Court. See also warranty or cooling-off period.