In recent months, there has been a disturbing increase in complaints about the sale of home batteries to private individuals. Consumers are contacted unsolicited by phone by companies pressuring them to immediately agree to the purchase of a home battery. Later, it often turns out that these batteries are not functioning properly and that cancellation of the agreement is not permitted. Moreover, some companies threaten additional costs if consumers try to cancel the agreement.

Unfair trading practices and fraud

These aggressive sales methods constitute unfair commercial practices and can even be considered fraud. Consumers are misled with false information about the benefits and payback period of home batteries. Furthermore, sellers often have personal information about consumers, such as their address, energy supplier, and the fact that they have solar panels, which creates the impression of a reliable offer. Prices for these batteries range from €12,000 to €28,000, while an average home battery costs between €6,000 and €8,000.

Warnings from authorities

The Netherlands Authority for Consumers and Markets (ACM) has warned against unclear advertising and aggressive sales tactics in the sale of home batteries. They advise consumers not to respond to unsolicited sales calls or advertisements on (social) media and recommend thorough research before purchasing.

The Consumers' Association has also warned against such practices and advises consumers not to respond to telephone sales of home batteries. They point out that this practice is prohibited and that sellers often have personal information they shouldn't have.

Your rights as a consumer

As a consumer, you have rights when you encounter aggressive sales practices:

• Reflection period : For purchases made by phone, online, or at your door, you have a statutory reflection period of 14 days. Within this period, you can cancel the agreement without giving a reason .

• Protection against aggressive selling : Sellers may not pressure you into making a purchase. If they do, it's considered an unfair commercial practice, and you can cancel the agreement .

• Please use the draft letter below and adapt it.

What to do in case of fraud or unfair commercial practices?

As a consumer in the Netherlands, you have several options for filing a complaint against sellers who pressure you into making a purchase. This can be considered an unfair commercial practice , which is prohibited under the Unfair Commercial Practices Act (Articles 6:193a - 6:193j of the Dutch Civil Code). Below is a list of agencies you can contact:

1. Netherlands Authority for Consumers and Markets (ACM)

The ACM monitors unfair commercial practices and can impose fines on companies that mislead or pressure consumers.
🔗 Report a complaint to the ACM

2. ConsuWijzer (Government counter for consumers)

ConsuWijzer is the ACM's consumer information desk and offers free advice about your consumer rights and how to file a complaint.
🔗 ConsuWijzer

3. Legal assistance (Consumer Association)

The Consumers' Association offers legal assistance with complaints and can communicate directly with companies.
🔗 Consumers' Association

4. Dispute Committee (at affiliated companies)

If the company is affiliated with a dispute resolution committee, you can file your complaint there. This is a quick and inexpensive way to find a solution without having to go to court.
🔗 Dispute Committee

5. European Consumer Centre (ECC) – for cross-border complaints

Are you dealing with a foreign seller within the EU? The ECC can help you.
🔗 European Consumer Centre

6. Police – if there is a threat or fraud

If a seller threatens you or if there is fraud, you can report it to the police.
🔗 Report to the police

7. ACM Unfair Commercial Practices Reporting Point

The ACM has a special reporting point for aggressive sales techniques, such as misleading, pressuring, and selling to vulnerable consumers.
🔗 ACM reporting point

8. Legal expenses insurers

Below you will find a list of some well-known providers with their respective websites:

Insurer	Website
ARAG	https://www.arag.nl/
THE	https://www.das.nl/
University	https://www.unive.nl/
Central Management	https://www.centraalbeheer.nl/
Interpolis	https://www.interpolis.nl/
OHRA	https://www.ohra.nl/
National-Netherlands	https://www.nn.nl/
Aegon	https://www.aegon.nl/
FBTO	https://www.fbto.nl/
InShared	https://www.inshared.nl/
HEMA	https://www.hema.nl/verzekeringen
ANWB	https://www.anwb.nl/verzekeringen
Cloverleaf Insurance	https://www.klaverblad.nl/
Real	https://www.reaal.nl/
SNS Bank	https://www.snsbank.nl/
ING	https://www.ing.nl/
ABN AMRO	https://www.abnamro.nl/
Delta Lloyd	https://www.deltalloyd.nl/
Allianz	https://www.allianz.nl/
ASR Insurance	https://www.asr.nl/

Conclusion

Be wary of unsolicited phone offers for home batteries. Don't be pressured and take your time considering offers. Consult independent sources and compare quotes before making a decision. Your consumer rights protect you against unfair commercial practices and scams; exercise them when necessary.

Draft letter

Subject: Termination of the agreement and recovery of payment

Ir/Madam,

On [date of agreement], I received a phone call from your company offering to purchase and deliver a home battery. Under pressure, I accepted this offer. Upon further consideration, I wish to terminate the agreement immediately and reclaim my payment, based on the following legal grounds:

1. Invoking the statutory cooling-off period (14-day right of withdrawal)
   Since the agreement was concluded remotely, I invoke my right to cancel the agreement within the statutory cooling-off period of 14 days, as per Article 6:230o of the Dutch Civil Code. This means that the agreement must be considered terminated immediately and that you are obligated to refund my payment in full.

2. Unfair commercial practices and deception
   If you claim that the cooling-off period does not apply, I will terminate the agreement on the grounds of unfair commercial practices as defined in Article 6:193b et seq. of the Dutch Civil Code. Your company pressured me to accept immediately, without giving me a fair opportunity to consider the offer or obtain independent information. This constitutes an aggressive and misleading sales practice, making the agreement legally invalid.

3. Fraud and error
   The information provided by your company regarding the operation and payback period of the home battery appears to be incorrect and misleading. This constitutes fraud and error (Articles 3:44 and 6:228 of the Dutch Civil Code), making the agreement voidable.

In view of the above, I demand:

• Direct written confirmation of the termination of the agreement.

• Refund of the amount already paid by me within 14 days to account number [your account number].

• A written confirmation that you will not charge any further costs and will not initiate any collection procedures.

If I do not receive a timely and correct response, I will take further legal action, including:

• File a complaint with the Netherlands Authority for Consumers and Markets (ACM) and ConsuWijzer.

• File a report with the police for fraud.

• Take legal action to recover my money, including interest and additional costs.

I expect your written confirmation within 7 days of the date of this letter. If I do not receive a response, I reserve the right to take legal action without further notice.

Yours sincerely,

[Your Name]
[Your signature (if sent by mail)]