In some situations, a statutory cooling-off period, also referred to as the right of withdrawal, applies to your agreement. Even if you have not specifically agreed on this with your customer. Your customer may then withdraw from the agreement. Even for reasons such as not having thought it through properly, needing the money for something else after all, or not liking the colour of the product.
Going out on the road? Stay alert!
The right of withdrawal only applies if the agreement is concluded between a trader and a natural person. In addition, the agreement must have been concluded at a distance or outside the business premises . Think of a telephone contract, an online purchase, street sales or door-to-door sales.
Is there an agreement as described above? Then the natural person has 14 days to withdraw from the agreement without giving any reason. This is only different in specific cases, such as the purchase of products that perish quickly, products that cannot be returned for health reasons, or if your customer explicitly asked you to visit them (instead of coming to your business premises).
If your customer exercises the right of withdrawal in time, you are obliged to refund any payments received within 14 days. The customer must, where applicable, return the products. The costs of return are for the customer.
Prevent yourself from being disadvantaged; inform your customer in time
As a trader, you have a statutory obligation to inform the natural person in clear language about the right of withdrawal , before the agreement is actually concluded. If you do not inform your customer, the 14-day period will only start once you have provided the information after all. In addition, if the matter leads to court proceedings, the court may impose a sanction if you have not complied with the information obligation. For example, the court may reject part of your invoice amount.
Are you curious whether the right of withdrawal applies in your situation? And whether you inform your customers about this in the correct way? Feel free to let us take a look, without obligation.
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