Sometimes no right to a cooling-off period for online purchases: What you need to know

Online shopping offers convenience and flexibility, but not all purchases entitle you to a cooling-off period or return. It's important to know in which situations the statutory cooling-off period does not apply, so you won't encounter any unexpected surprises. In this article, we discuss when the right of withdrawal does not apply and what you can do if you're not satisfied with your purchase.

What is the right of withdrawal?

For online purchases, you are generally entitled to a 14-day cooling-off period under the Distance Selling Act . Within this period, you can cancel the purchase and return the product without giving a reason. However, there are exceptions where this right does not apply.

When is there no cooling-off period?

1. Custom products
   Products that have been tailor-made especially for you, such as a personalized phone case or a custom-made garment, are not covered by the right of withdrawal.

2. Perishable goods
   Food, flowers and other perishable products cannot be returned due to their limited shelf life.

3. Hygiene-sensitive items
   Products such as underwear, swimwear or mattresses whose seal has been broken cannot be returned for hygienic reasons.

4. Digital products
   Software, e-books, or music downloads that are delivered instantly often cannot be returned once delivery has begun and you have agreed to it.

5. Event tickets and services
   Tickets for concerts, sporting events or other services with a specific date are excluded from the cooling-off period.

6. Urgent deliveries
   Services or products that have been delivered urgently at your request, such as a taxi ride or express courier, are not covered by the right of withdrawal.

7. Business purchases
   Are you a business or entrepreneur buying a product? Then you are not entitled to the statutory cooling-off period.

What can you do in case of a dispute?

1. Check the terms and conditions
   Read the webshop's terms and conditions carefully. These should state whether the right of withdrawal applies.

2. Contact the seller
   Do you have questions about your purchase or are you unsure about the legitimacy of the cancellation period? Please contact the webshop's customer service directly.

3. Contact Consuwijzer or ACM
   If you have any doubts about the rules, you can ask Consuwijzer , the consumer information desk of the Netherlands Authority for Consumers and Markets (ACM), for advice. They can mediate and clarify your rights.

4. Taking legal action
   If you believe the webshop is wrongly failing to offer a cooling-off period, you can consider legal action. This can be done through the subdistrict court or a dispute resolution committee.

Risks and opportunities

Risks

• No refund : For products without a cooling-off period, the purchase cannot be cancelled, even if you are disappointed with the quality.
• Deception by web shops : Some sellers wrongly try to exclude products from the right of withdrawal.

Chances

• Increased awareness : Knowing your rights can help you shop online more effectively and avoid disappointment.
• Complaints procedures : Many online stores have internal complaints procedures that can help you find a solution.

Conclusion

Not all online purchases are eligible for a cooling-off period or return. Therefore, it's essential to be fully aware of the exceptions to the right of withdrawal. Do you have a dispute with an online store? Contact Consuwijzer or consult a legal expert for advice.