Right of withdrawal for online purchases | Rechtswinkel.nl


Questioner

I accepted an offer online on my car for sale on July 30, 2016, but now I want to get rid of it.

Lawyer

Unfortunately, you cannot simply back out of the purchase. If there is an offer and acceptance, then an agreement has been reached, even if this was done verbally. Only in very special situations can you back out of the purchase. Without more information, I cannot advise you on this. Perhaps you can discuss this with the buyer and come to an agreement?

Questioner

In a similar case, your site states that a change in the law on 13 June 2016 gives the seller the option to terminate the agreement within 14 days of entering into the agreement on the basis of Articles 230 q and 230 o. The agreement was concluded online. Please give your feedback

Lawyer

I assume that it concerns a purchase between you (consumer) and another consumer. In that case, article 6:230q BW and 6:230o BW do not apply. Those articles only apply between a trader and a consumer.

Lawyer

Unfortunately, I am not an expert in the field of the right of withdrawal. As far as I can see, what you indicate is correct and you can indeed rely on Article 6:230o and Article 6:230q of the Dutch Civil Code.

Lawyer

The right of withdrawal for consumers means that you can cancel an agreement concluded via the internet, by telephone or on the street within 14 days without giving any reason. Revocation is made by means of an unequivocal statement. You may revoke either in writing or verbally. Written revocation (such as by e-mail) is preferable, because it is up to you to prove that you have exercised your right of revocation correctly and in a timely manner. The trader may have made a model form for the right of revocation available to you; you are not obliged to use this form. You have a right of withdrawal with regard to both sales agreements and service agreements. The right of withdrawal may not be deviated from to the detriment of the consumer. Right of withdrawal, cooling-off period, cooling-off period and right of cancellation The right of withdrawal is also referred to as a 'cooling-off period' or 'cooling-off period'. Dutch law speaks of a right of dissolution. If desired, you may contact me directly.

Questioner

Dear sir, Thank you for your expert and clear information. Very useful and reassuring for me. Yours sincerely, A grateful customer

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