Cooling-off Period and Right of Withdrawal
As a Tilburg resident, you benefit from the right of withdrawal, or cooling-off period, as your legal protection for online purchases. Within 14 days, you can cancel a distance contract without giving a reason—perfect for orders placed via webshops, phone, or catalogs. This helps avoid buyer's remorse and lets you test products at home, like outfits for Tilburg Carnival.
What Does the Cooling-off Period and Right of Withdrawal Mean for Tilburg Residents?
Under consumer law, the cooling-off period applies to all distance contracts, such as orders from Tilburg webshops or in-home demonstrations in your neighborhood. You have 14 days' cool-off time to withdraw. If you cancel on time, the seller must refund your money, including outbound shipping costs.
The period begins upon receipt of the goods or conclusion of the service contract. Key point: the seller must inform you of this right in advance; otherwise, the period extends to 12 months plus 14 days. In Tilburg, you can get free advice from the Legal Aid Office Tilburg.
Legal Basis
The withdrawal rules are set out in Book 6 of the Dutch Civil Code (DCC), Articles 6:230m to 6:230p, based on EU Directive 2011/83/EU. The ACM oversees compliance nationwide, but for disputes in Tilburg, the District Court of Zeeland-West-Brabant in Breda has jurisdiction.
- Art. 6:230m DCC: Right of withdrawal for distance sales.
- Art. 6:230o DCC: 14-day period and seller's information duty.
- Art. 6:230p DCC: Refund within 14 days after withdrawal.
Exceptions under Art. 6:230n DCC, e.g., custom-made items or opened hygiene products.
When Does the Right of Withdrawal Apply in Tilburg?
Always for:
- Orders from local or national webshops.
- Purchases via phone or app.
- In-home sales in your Tilburg home.
- Orders from flyers or catalogs.
Not for:
- Purchases in physical Tilburg stores like Heuvelstraat.
- Live auctions (but yes for online auctions).
- Custom-made products.
- Sealed hygiene items after opening.
| Situation | Right of Withdrawal? | Tilburg Example |
|---|---|---|
| Online clothing | Yes | Carnival dress ordered? Withdraw within 14 days if too small. |
| High street shop | No | Bought in Tilburg center: only store return possible. |
| Personalized item | No | Gift with Tilburg text: non-withdrawable. |
| Fresh products | Partial | Only unopened portion returnable from local online supermarket. |
Rights and Obligations upon Withdrawal
Your Rights
Withdraw freely. The seller must:
- Refund in full within 14 days.
- Reimburse outbound shipping.
- Arrange free pickup or return label.
Your Obligations
Return the product in good condition: unused, with packaging. Minor traces from inspection are allowed; damage may result in a deduction.
Real-Life Examples from Tilburg
Example 1: On October 1, you buy a sofa online for €1,000 (+€50 shipping) from a Tilburg webshop. Received October 5, withdraw via email on October 15. Full refund within 14 days, free return.
Example 2: Streaming subscription from October 1: withdraw on October 10, immediate cancellation and no charges.
Example 3: Cosmetics with broken seal: no withdrawal.
If ignored: send reminder, then contact Legal Aid Office Tilburg or ACM. Dispute via dispute committee or Breda District Court. See Refund or Voucher.
Frequently Asked Questions
No withdrawal form? Can I still withdraw?
Yes, period extends to 12+14 days. Use ACM model letter via Legal Aid Office Tilburg.
Product used?
Trial use OK, excessive use may lead to deduction. Prove shipment!
Applies to gifts?
Yes, buyer withdraws as consumer.
Pay return costs myself?
No, seller pays until receipt. Request free label.
Tips for Tilburg Residents
Avoid hassle:
- Check terms before buying.
- Download ACM form.
- Withdraw via email/registered mail.
- Take photos of condition.
- Disputes: Thuiswinkel or Legal Aid Office Tilburg, tel. 0900-8027 or visit Heuvelstraat.
See also: Consumer Law, Webshop Returns.
Unsure? Call Legal Aid Office Tilburg or check Municipality of Tilburg for info.