Right of Withdrawal for Doorstep Sales in Tilburg
As a Tilburg resident, the right of withdrawal for doorstep sales allows you to cancel a door-to-door purchase free of charge within 14 days, without giving a reason. This protects against impulsive decisions during house-to-house sales in neighborhoods like the Reeshof or Het Zand. Doorstep sales, also known as door-to-door selling, qualify as off-premises contracts with a statutory cooling-off period to ensure well-considered choices.
What is doorstep sales and when does the right of withdrawal apply in Tilburg?
Doorstep sales involve offering products or services at your home address in Tilburg by a traveling salesperson. Examples include door-to-door sellers of vacuum cleaners, solar panels, or energy subscriptions. This article builds on our overview of doorstep sales (sales at the door).
The right of withdrawal applies to off-premises contracts such as doorstep sales. You have a 14-day cooling-off period starting from signing the contract or receiving the purchase information. Without this safeguard, you risk being locked into a deal signed under pressure in your Tilburg home.
Legal basis of the right of withdrawal
The provisions are set out in Civil Code Book 6 (BW), Title 3, Section 5.3. Key articles:
- Art. 6:230m BW: defines off-premises contracts, including door-to-door doorstep sales.
- Art. 6:230o BW: establishes the 14-day withdrawal period.
- Art. 6:230h BW: requires the seller to inform you of this right, preferably using a model form.
- Art. 6:230j BW: mandates written confirmation of the purchase within 7 days.
These rules stem from EU Directive 2011/83/EU. Since 2014, doorstep sales have the same 14-day period as online shops.
How to exercise the right of withdrawal in practice?
Step-by-step guide:
- Enter into the contract: The seller provides a copy of the purchase agreement plus withdrawal information.
- Cooling-off period: 14 days from receipt of documents or products.
- Cancellation: Send an unequivocal statement (mail, email, model form), e.g., "I cancel the purchase of [item] dated [date]."
- Refund: Seller reimburses everything within 14 days, including delivery costs.
- Product return: At the seller's expense, unless otherwise agreed.
Example 1 from Tilburg: Ms. Van Dijk from Tuinpoort buys a €600 water purifier at the door. After four days, she withdraws using the model form sent by registered mail. The seller arranges pickup and refunds within 10 days.
Example 2: Mr. Peters from Westermarkt signs up for an energy subscription. He withdraws within 8 days. Upon refusal, he refers to Art. 6:230o BW, and the seller complies.
Rights and obligations upon withdrawal
| Your rights | Seller's obligations | Your obligations |
|---|---|---|
| 14-day cooling-off period, no reason needed | Inform you of the right | Return products undamaged |
| Full refund within 14 days | Cover return shipping costs | Submit withdrawal notice on time |
| No extra costs for non-use | Provide model form | Keep proof of cancellation |
Try out products as you would in a Tilburg store, but avoid damage. If information is missing, the cooling-off period extends to 12 months plus 14 days.
Exceptions for Tilburg doorstep buyers
Not every door purchase qualifies:
- Purchases under €50 (unless stated otherwise).
- Custom-made items (e.g., tailored clothing).
- Hygiene products with broken seal (e.g., cosmetics).
- Travel or meal delivery services.
Review the purchase agreement carefully.
Frequently asked questions about withdrawal in Tilburg
Do I need to give a reason?
No, a simple statement suffices, as on the model form.
No model form provided?
Period starts upon receipt of information, max. 12 months plus 14 days. Request it.
Withdraw after delivery?
Yes, within 14 days. Return shipping at seller's expense.
Telephone door-to-door sales?
Counts as off-premises; right of withdrawal applies.
Tips for Tilburg consumers
- Read the purchase agreement fully before signing and demand the cooling-off period.
- Withdraw by registered mail for proof.
- Keep all documents and emails.
- Problems? Report to ACM, Juridisch Loket Tilburg, or District Court Zeeland-West-Brabant in Breda. For disputes: Municipality of Tilburg for mediation.
- Also read: Consumer Purchase and Cooling-Off Period.
Unsure? Call Juridisch Loket Tilburg for free advice. They assist Tilburg residents in exercising their rights.