Below you can find our answers to frequently asked questions. We appreciate that every case is different and that the specific circumstances of your situation will play a large role in determining the correct legal advice given. Do not hesitate to ring us on 020 – 6731311, we will be glad to give you personal support.
If you buy something from a door-to-door vendor ( a person taking the initiative to come to your door to sell something) and it costs more than 34 euro , it falls under the door-to-door sales act ( Colportage). If you have invited the salesman yourself, the purchases do not fall under the category of the door-to-door sales act. If a salesman goes from door to door offering merchandise, you can cancel the purchase within 8 days of buying. This falls under the” Colportagewet” or the door- to-door act. The door-to-door act protects you as a consumer. If you want to cancel the purchase,you have the right to cancel within 8 days and do not need to give any reason. This 8 day period runs from the moment you sign the purchase contract and a copy of this purchase contract is handed over to you. You must write a letter in which you cancel the purchase contract. You are then entitled to a refund if you have already paid for the product.
There are two ways of disputing general conditions. The first one is that the general conditions weren’t explained to you and there was no reasonable possibility of understanding the consequences of them. The second possibility is if the general conditions were unreasonable. The circumstances determine whether the general conditions were unreasonable.
Your interests as a purchaser are compared to the interests of the salesman. The type of agreement will be also looked at and how the general conditions have come about. If the general conditions are unreasonable , it is possible to notify your supplier by registered letter that you do not accept one or more of them. Mention clearly why you do not accept these conditions. If the supplier doesn’t react or doesn’t adhere to the general conditions, you can present the matter to the disputes committee of which the supplier is a member. Here you can establish an extrajudicial declaration in which you ask to terminate the general conditions. You can also take the matter to court.
Since December 1st , 2011 there is new legislation concerning the cancelation period for subscriptions. This legislation makes it easier to cancel your subscription or membership. The notice period in which a subscription can be canceled differs according to the type of subscription. If you have a membership for a magazine which is published at least once a month, then a month’s notice applies. For a magazine which publishes less then once a month, a cancellation period of three months applies. These subscriptions can still be tacitly extended, but only to a maximum of three months.
A Telecom subscription requires a month’s notice when the contracts are for an indefinite period of time. Subscriptions of a fixed period cannot be terminated prematurely. Telecom subscriptions can be extended tacitly for up to a period of a year by the provider. You can always terminate the contract during this extended period by giving a month’s notice. For all other types, for example a gym or a library subscription, there is a maximum cancellation period of one month after the first contract period. After the expiration of the initial contract period silent prolongation is no longer possible. Your annual subscription at the gym therefore, cannot be extended without your consent.
Making purchases on the internet or by telephone is called distance buying under consumer law. On the basis of art. 7:46d BW you have a 7 working day cooling off period as a consumer, once you’ve receiving the product. Within this cooling off period of 7 working days the consumer has the right to change his mind and break the contract and return the purchase without stating any reason. If you want to terminate the purchase contract, you will need to return the product as soon as possible and no later than 30 days. You are entitled to a full refund . You will have to pay the shipping costs. The salesman cannot charge cancellation costs. If you want to make sure you get your money back, you can send a registered letter to the salesperson, stating that you have returned your purchase and that you would like a full refund. This needs to be done within 6 working days. Note: You can unwrap your purchase to examine it but be careful not to cause any damage to the product.
If you buy something it must work. This is known as the compliance requirement. In a case of non-compliance ,you as a consumer can demand compliance with the agreement, in other words, demand a product that works.
There are three options:
•Delivery of the missing product, service or part thereof;
•Demand reparation of the delivered product or service;
•Demand replacement of the delivered product or service.
In principle, the consumer must give the salesman the possibility to repair or replace a faulty product . This means that the consumer can demand reparation in the first place and if this isn’t possible, replacement. As a consumer you have the choice between between a replacement or a refund.