네덜란드의 소비자 보호: 구매 시 당신의 권리

Dutch law protects you as a consumer because you are presumed to be the weaker party in a contract with a business. You can withdraw from an online or doorstep purchase within 14 days, and a product must do what you could reasonably expect; terms that take this protection away have no effect, unless the law itself allows the parties to agree otherwise.

구매하기 전에 기업은 당신에게 무엇을 알려줘야 할까요?

Before you agree to a contract, a business must tell you who it is, what you are buying, the total price including VAT and unavoidable costs, how and when you pay and receive the goods or services, and whether you have a right of withdrawal. For purchases online, by phone or away from the business’s premises, the business must also confirm this information to you on a durable medium, such as an email. These rules are set out in Book 6 of the Dutch Civil Code (BW).

마음을 바꿀 수 있는 시간이 얼마나 되나요?

If you buy at a distance or away from the business’s premises, you may withdraw within 14 days without giving a reason. For goods, the period starts on the day you receive them; for services, on the day the contract is concluded.

The right does not apply to goods made to your specifications, perishable goods, sealed goods you have unsealed for hygiene reasons, or services you asked to have performed in full within the 14 days. Once you withdraw, the business must refund everything you paid, including the standard delivery cost, within 14 days. You pay for returning the goods only if the business told you so in advance.

만약 업체가 철회권에 대해 언급하지 않았다면 어떻게 해야 할까요?

If a business does not tell you about your right of withdrawal, or tells you incorrectly, the 14-day period is extended by twelve months. This is the most costly information failure a business can make, and you can rely on it if you only found out about your right much later.

제품이 약속된 내용과 일치하지 않을 경우 어떻게 해야 할까요?

Under Article 7:17 BW, a product must conform to the contract: it must have the qualities you could reasonably expect for normal use. If it does not, you can first demand repair or replacement under Article 7:21 BW. Only if that is impossible, cannot be required of the seller or is not done within a reasonable time can you ask for a price reduction or dissolve the contract (Article 7:22 BW).

If a defect appears within one year of delivery, it is presumed to have existed at delivery, unless the seller proves otherwise (Article 7:18a BW). You must notify the seller within a reasonable time after discovering the defect; notice within two months is always in time. Your claim then becomes time-barred two years after that notice (Article 7:23 BW).

Your claim is against the seller, not the manufacturer: a manufacturer’s guarantee is additional to your statutory rights, not a substitute. There is also no fixed cut-off date after the one-year presumption; a washing machine that breaks down after three years may still be non-conforming.

Which contract terms can be set aside?

Standard terms used against a consumer are tested against two lists. Terms on the black list (Article 6:236 BW) are always considered unreasonably onerous. Terms on the grey list (Article 6:237 BW) are presumed to be unreasonably onerous unless the business proves otherwise.

Such a term can be annulled (vernietigd). A Dutch court must test terms in a consumer contract on its own initiative, even if you do not raise the point yourself.

어디에서 권리를 행사할 수 있나요?

You can bring an individual claim before the subdistrict court (kantonrechter), which hears all consumer purchase cases and other claims up to €25,000; you do not need a lawyer there. The Authority for Consumers and Markets (ACM) supervises compliance and can fine businesses, and consumer organisations can bring a collective claim on behalf of a larger group.

소비자로서 무엇을 확인해야 할까요?

• Whether you bought online, by phone or away from the shop, so that the 14-day withdrawal period applies.
• Whether the business told you about your right of withdrawal; if not, you have twelve months extra.
• When the defect appeared: within one year of delivery, the seller must prove the product was fine.
• Whether you notified the seller within two months of discovering the defect.
• Which standard terms the business relies on, and whether they appear on the black or grey list.

사업체로서 무엇을 확인해야 할까요?

• Whether your website and order confirmation give all mandatory pre-contract information.
• Whether you state the right of withdrawal correctly and provide the model withdrawal form.
• Whether you refund within 14 days of a withdrawal, including the standard delivery cost.
• Whether your general terms contain black-list or grey-list clauses.
• Whether your complaint process handles repair and replacement within a reasonable time.

What can we do for you with consumer protection?

우리를 통해 기업 변호사 practice we advise both consumers and businesses, for example:

• We review your general terms against the black and grey lists.
• We check your web shop information and withdrawal process against Dutch law.
• We draft a notice of default or a response to a consumer complaint.
• We assess a non-conformity claim and the deadlines that apply.
• We represent you before the subdistrict court or in contact with the ACM.

제품 개요

• 사업자는 구매 전에 가격, 배송 방법 및 철회권에 대해 소비자에게 알려야 하며, 원거리 계약 및 비대면 계약에는 추가적인 의무가 부과됩니다.
• You can withdraw from a distance purchase within 14 days; this is extended by twelve months if you were not properly informed.
• A product must conform to the contract; defects within one year of delivery are presumed to have existed at delivery (Article 7:18a BW).
• Unreasonably onerous standard terms can be annulled, and the court tests this on its own initiative.
• You can go to the subdistrict court without a lawyer, and the ACM can act against businesses that breach these rules.

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