Tips and tricks for webshops

Do you own a webshop or are you planning to start one? There are several things to take into consideration.

Do you own a webshop or are you planning to start one? There are several things to take into consideration when doing so. In the Netherlands consumer law has become stricter after 13 June 2014, when a directive of the EU came into force. Differences still exist nevertheless between the different Member States of the EU. This is the main reason why it is wise to check your digital agreements and general terms and agreements when you own a webshop. When you do not comply with the rules you can receive a severe fine from the Authority Consumer and Market. Moreover the law now stipulates explicitly that agreements which were concluded on the basis of misleading commercial practices are voidable (art. 6:193j CC)

Rules for distant selling

Talking about sales in a webshop, we are talking in fact legally about ´distant selling´. The main line with such sales is that the seller must give clear and understandable information about the offered products or services (art. 6:230m CC). Such information can be:

  • What are the most important characteristics of the products or services?
  • Who is the dealer? (his CoC-number, name and address)
  • The method of payment;
  • Is there a regulation of complaints?

14 days consideration time for consumers

A consumer who concludes an agreement on a distance, e.g. through a webshop, can terminate that agreement without indication of the reason within 14 days (art. 6:230o CC). It is therefore of high importance to notify clearly when an agreement comes into force and companies are obliged to provide a model form for such a termination.

Exemptions on the consideration time

There are several exemptions on that consideration time:

  • Products that are custom-made, such as tailored suits or curtains;
  • Products with limited shelf-life;
  • Products which cannot be returned due to health or hygiene reasons. The seal cannot be broken after delivery. E.g. underpants or swimming clothing;
  • Products which are mixed irrevocably after deliverance, such as gasoline;
  • Alcoholic drinks for which the prices change rapidly, such as ‘trade wine’;
  • Delivery of audio- and video materials, or computer programmes, of which the seal has been broken;
  • Delivery of newspapers or magazines.

Payment in advance?

Based on the law (art. 7:26 CC), only a maximum of 50% of the total price can be demanded in the first payment. When a webshop does not give the option to pay at a later time and charges everything already at your creditcard at first instance, that would not be in line with the rules!

Lower collection risks

The entrepreneur may ask for the creditworthiness of a buyer when selling at distance. This can only be asked if the payment is done other than prior to the delivery. When such a statement gives doubts to the creditworthiness of the particular consumer it can be demanded that the full amount of the transaction has to be paid in advance. This cannot however be the standard approach of a dealer/seller.

Another possibility is the postponed capture, meaning that a seller makes clear agreements with the creditcard-provider on the exact moment of subtraction of the amount from the account of the buyer. This should then happen after delivery, which makes the payment ex-post, making in line with the requirements.

Clarity and compliance

Many more can be said about the applicable consumer protection, because many rules have been enacted over the years. Common sense is not enough in such cases, but one rule always is: the entrepreneur who does not want problems with his customer must be clear on who, when and what can be expected of him.

More information

Within the framework of consumer law we check your general terms and agreements, usage conditions of websites, call scripts used by call centres, agreements and assignment confirmations and promotions that are being set up. For more information you can contact one of our attorneys.

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