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Hartmann Juris  ›  Consumer rights in the Netherlands
Jurisdiction · Netherlands

Consumer rights in the Netherlands

Dutch consumer law sits in books 6 and 7 of the Civil Code and implements the European directives. It is strict on the seller, and almost none of it can be contracted away.

Two provisions do most of the work. Article 7:6(1) of the Civil Code makes the consumer sale rules mandatory: a term that departs from them to the buyer's detriment is voidable, whatever the shop's conditions say. And article 6:83(a) makes default automatic where a statutory deadline passes, so no reminder is needed before interest and costs start running.

The rules in short

SituationRuleArticle
Cooling-off14 days from receipt, no reason needed6:230o
Refund after cancelling14 days, including outbound delivery costs6:230r(1)
DeliveryWithout delay, in any event within 30 days7:9(4)
ConformityGoods must match the contract7:17
Burden of proofReversed for the first year after delivery7:18a(2)
Remedy for a defectFree repair or replacement, seller pays return7:21(2) and (7)
Mandatory lawNo departure to the buyer's detriment7:6(1)

In detail

ArticleSubject
How long may a retailer take to refund?The fourteen days of article 6:230r(1), and the right of suspension that retailers read too widely.
The thirty-day delivery periodArticle 7:9(4) and when default arises under article 7:19a.
The fourteen-day cooling-off periodWhen it starts, when it becomes twelve months, what falls outside it.
Who pays return shipping?The difference between cancelling and a defect, and why that decides who pays.
The presumption in the first yearArticle 7:18a(2) puts the burden on the seller.
There is no chargeback on iDEALWhat can be recovered per payment method.
Disputes board or subdistrict courtWhat each route costs and when it makes sense.
What a trustmark is worthWhich ones carry an enforceable guarantee.

Enforcement

Claims up to twenty-five thousand euros go to the subdistrict court, where no admitted attorney is required. Alongside that sit the sector disputes boards, which are cheaper but only work where the business is affiliated. The consumer regulator is the ACM. See disputes board or court.

A Dutch seller that will not pay?

We put them in default under the article that applies and attach a deadline. It costs you nothing.