Negative Option in Tilburg
As a Tilburg resident, you may encounter a negative option, an unfair sales method where a company automatically delivers products or services and charges your account unless you actively refuse. This is prohibited under Dutch consumer law, as it undermines your free choice as a Tilburg resident.
What is a negative option?
Example: you order clothing from an online store and suddenly receive a monthly surprise box of accessories, automatically debited from your account. It only stops if you cancel it yourself. This is a typical negative option, based on tacit approval rather than active consent as in a positive option.
Companies exploit the inertia of consumers in Tilburg and surrounding areas; many forget to cancel, leading to unexpected expenses. Think of subscriptions to boxes or add-ons with purchases at local stores or online.
Legal protection against negative options
The law protects Tilburg consumers with these key provisions:
- Article 6:237 BW: Agreements involving a negative option are void, hence invalid and not enforceable for payment.
- Unfair Commercial Practices Act (2008): Annex I, point 2f explicitly lists it as an unfair practice on the 'blacklist' (art. 6:193b BW).
- Article 6:230m BW: Prohibition on misleading through false obligations.
The ACM oversees this nationwide, imposing fines. Stricter EU rules against online tricks have applied since 2021. For disputes in Tilburg: District Court of Zeeland-West-Brabant in Breda.
Real-world examples around Tilburg
Negative options appear in:
- Beauty and meal boxes: A Tilburg online store offers a 'free trial box' with purchase, but then bills €49.95 monthly without easy cancellation.
- Internet and energy: Tilburg providers bundle a 'free' movie subscription.
- Travel and events: For tickets to concerts at 013 or Poppodium Paradox, you must uncheck add-ons.
- Streaming and media: 'Free trial month' that auto-renews.
Often hidden in fine print or pre-checked boxes.
Your rights as a Tilburg consumer
Rights:
- Agreement void: no payment required, return goods free of charge.
- Withdrawal: 14 days to cancel (art. 6:230o BW).
- Refund within 14 days (art. 6:230q BW).
- File complaint with ACM, Legal Aid Office Tilburg, or dispute committee.
Obligations:
- Cancel in time to block direct debit.
- Keep proof such as emails and screenshots.
Comparison: negative vs. positive
| Negative option | Positive option | |
|---|---|---|
| Consent | Tacit (opt-out) | Active (opt-in) |
| Legal status | Prohibited / void | Permitted |
| Risk | High (forgotten) | Low (conscious) |
| Example | Automatic box | Check extra |
FAQs for Tilburg residents
Do I have to pay for a negative option?
No, void (art. 6:237 BW). Send a cancellation letter, demand refund. Dispute direct debit with your bank. Help via Legal Aid Office Tilburg.
Already received delivery?
Return free of charge and claim refund. Keep proof of cancellation.
Can it happen again?
No, permanently prohibited. Report to ACM (acm.nl) or Legal Aid Office Tilburg.
Free trial periods?
Automatic renewal makes it invalid. Always check with Municipality of Tilburg advice.
Tips for Tilburg consumers
Prevent negative options:
- Read terms for 'auto-renewal' or cancellation clauses.
- Check and select only desired options.
- Set calendar reminders for cancellation dates.
- Revoke SEPA authorization at your bank.
- Report via ConsuWijzer.nl, ACM, or Legal Aid Office Tilburg for local advice.
For more help: Legal Aid Office Tilburg or District Court of Zeeland-West-Brabant (Breda).