Right of Withdrawal in Amsterdam
As an Amsterdam resident, the right of withdrawal gives you a 14-day cooling-off period to return products or services purchased online or by phone, without needing to provide a reason. Perfect for avoiding impulse buys while shopping via apps or cycling to a pick-up point. Learn when and how to exercise this right in the vibrant capital.
When Does the Right of Withdrawal Apply in Amsterdam?
The right of withdrawal is a key element of consumer law and applies to distance contracts or off-premises sales, such as purchases via webshops, phone, mail, or at Amsterdam markets like the Noordermarkt. It does not apply in physical stores on the Kalverstraat, unless the retailer offers its own return policy.
The 14-day period starts upon receipt of the product or, for services, upon conclusion of the contract. If the seller fails to provide information about this right, the period extends to 12 months. In Amsterdam, you can get advice at the Juridisch Loket Amsterdam.
Legal Basis of the Right of Withdrawal
This protection is set out in Book 6, Title 5.4.2a of the Dutch Civil Code (BW): 'Distance contracts and off-premises contracts'. Key articles:
- Article 6:230m BW: Establishes the 14-day cooling-off period.
- Article 6:230n BW: Requires the seller to provide information.
- Article 6:230o BW: How to exercise the right of withdrawal.
- Article 6:230p BW: Exceptions.
Based on EU Directive 2011/83/EU, effective since 2014. For Amsterdam residents: check the Juridisch Loket Amsterdam.
Your Rights and Obligations When Withdrawing
Rights for Amsterdam consumers:
- Withdraw free of charge within 14 days, no reason required.
- Full refund including standard shipping costs, within 14 days.
- Extended period up to 12 months if information is missing.
Your obligations:
- Return the product undamaged, including box and accessories.
- Cover return shipping costs yourself, unless otherwise stated.
- Only test to a limited extent: no unnecessary wear.
If damaged due to your actions, the seller may refuse the return.
Exceptions to the Right of Withdrawal
Some products from Amsterdam webshops are exempt. Overview:
| Category | Exception | Example |
|---|---|---|
| Hygiene | Opened | Underwear, swimwear |
| Personalization | Custom-made | Customized bags |
| Services | Performed with consent | Paradiso concert tickets |
| Fresh | Perishable | Flowers from the Bloemenmarkt |
| Software | Opened packaging | Games |
See Article 6:230p BW for the full list. Always check the shop's terms and conditions.
Practical Examples for Amsterdam Residents
Example 1: Online fashion. You order sneakers from an Amsterdam webshop on October 1, receive them on October 5 at a PostNL point in the Pijp. Withdraw by October 19 via email, return via bike courier. Full refund within 14 days.
Example 2: Mobile subscription. Signed up by phone for a Ziggo package. Services cannot start within 14 days without your consent. Use the model withdrawal form.
Example 3: Amsterdam market. Lamp bought at the Albert Cuypmarkt: no right of withdrawal, as it is not a distance sale. Online via Marktplaats? Yes.
Example 4: Poor information. Webshop fails to mention withdrawal: period starts only upon notification, up to 12 months max.
Frequently Asked Questions
Can I return it if it doesn't fit?
Absolutely, no reason required. Within 14 days and in good condition? Fine for Amsterdam residents.
Who pays for return shipping?
You do, except for free returns or shop errors. Standard shipping costs are refunded.
No refund received?
Send a reminder. Then: ACM, dispute committee, or Amsterdam District Court for larger claims.
Does it apply to second-hand items?
Yes, for professional sellers. Not for private individuals (Article 6:217 BW).
Tips for Amsterdam Residents
Maximize your right of withdrawal:
- Check 'return policy' before buying.
- Download the model form via Juridisch Loket Amsterdam.
- Keep track & trace and emails.
- Test as you would in a store on the Nieuwendijk.
- Problems? Go to Juridisch Loket Amsterdam or Amsterdam District Court. See also: Warranty or Cooling-off Period.
More: Distance Contracts and Webshop Rights.