Right of Withdrawal in Tilburg
As a resident of Tilburg, the right of withdrawal gives you 14 days to change your mind and return a purchased product or service without giving a reason. This protects against buyer's remorse for online orders, telephone sales, or purchases at local markets like the weekly market in Tilburg. Learn when and how to exercise this right in the region.
When Does the Right of Withdrawal Apply in Tilburg?
The right of withdrawal is essential for consumers in West-Brabant. It applies to distance contracts (internet, telephone, mail) and off-premises sales, such as at the Speelberg market or fairs in Tilburg. It does not apply in physical stores on Heuvelstraat, except for voluntary return policies offered by the retailer.
The 14-day period starts on receipt of the product or conclusion of the service agreement. If the seller fails to provide mandatory information, the period extends to 12 months. In case of doubt: consult the Juridisch Loket Tilburg.
Legal Basis of the Right of Withdrawal
The right is laid down in Book 6, Title 5.4.2a of the Dutch Civil Code (DCC): 'Distance contracts and sales outside the sales premises'. Key articles:
- Article 6:230m DCC: 14-day cooling-off period.
- Article 6:230n DCC: Seller's information obligation.
- Article 6:230o DCC: How to withdraw.
- Article 6:230p DCC: Exceptions.
Based on EU Directive 2011/83/EU, in force since 2014. More info via ConsuWijzer or the Juridisch Loket Tilburg.
Rights and Obligations upon Withdrawal
Your rights as a Tilburg resident:
- Return without explanation 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.
- Cover return shipping costs yourself, unless otherwise specified.
- Limited use only: no unnecessary wear and tear.
Damage caused by you? The return may be refused.
Exceptions to the Right of Withdrawal
Not everything can be returned. Overview:
| Category | Exception | Example |
|---|---|---|
| Hygiene | Opened | Underwear, swimwear |
| Personalisation | Custom-made | Engraved jewelry from Tilburg |
| Services | Performed with consent | 013 concert tickets |
| Perishable | Spoilable | Flowers or meat from the market |
| Software | Opened media | Games |
See Article 6:230p DCC for the full list. Always check the terms and conditions.
Practical Examples for Tilburg
Example 1: Online clothing. You order a jacket from a webshop on October 1, receive it on October 5 at your Tilburg home. Withdraw by October 19 via email. Webshop refunds within 14 days.
Example 2: Phone subscription. Contract via phone call: services cannot start within 14 days without your consent. Use the model withdrawal form.
Example 3: Market purchase. Lamp at Tilburg flea market: no right of withdrawal (not a distance sale). Online via Marktplaats: yes.
Example 4: No information provided. Webshop silent on the right: period up to 14 days after notification, max 12 months.
Frequently Asked Questions
Can I return it if it doesn't fit?
Yes, no reason needed. Within 14 days and in good condition: withdraw freely. Doesn't fit? The cooling-off period covers that.
Who pays for return shipping?
You do, unless the webshop offers free returns or it's their fault. You get standard shipping costs refunded.
No refund?
Send a reminder email. No luck? Contact ACM, dispute committee, or District Court Zeeland-West-Brabant in Breda. Help via Juridisch Loket Tilburg.
Does it apply to second-hand items?
Yes, for professional sellers. Not for private sellers (Article 6:217 DCC).
Tips for Tilburg Residents
Maximize your right of withdrawal:
- Check terms before purchase, search for 'return'.
- Use the model form from ConsuWijzer.
- Keep proof: receipts, emails.
- Test minimally, as in a store.
- Problems? Call Juridisch Loket Tilburg for free advice or Municipality of Tilburg. See also Warranty or Cooling-off Period.