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The webshop won't refund me — what are my EU rights?

ConsumerLegislation verified on Ook in het Nederlands

In short: as a consumer who bought something from a webshop, you have two layered EU-derived rights that a Dutch webshop cannot waive. First, you can change your mind and send the goods back within 14 days of receipt, with the webshop legally required to refund you within 14 days of getting your withdrawal. Second, if the goods are faulty, damaged, not as described, or do not work as they should, the webshop has to put that right (repair, replacement, or your money back) under the legal guarantee of conformity. The webshop cannot refuse either claim by simply stating "no refunds" — those terms are void under Dutch law.

Why these are "EU rights"

Both rights come from EU directives that the Netherlands has implemented directly in the Burgerlijk Wetboek (BW). The 14-day cooling-off period comes from the Consumer Rights Directive (2011/83/EU), now in Book 6, Title 5, Section 2A (Afdeling 2A, artikelen 230g–230zi). The remedies for defective goods come from the Sale of Goods Directive (2019/771/EU), implemented in Book 7, Title 1, Section 1A on 27 April 2022 (Wet van 26 april 2022, Stb. 2022, 164).

Scenario 1 — You changed your mind ("afkoelingsperiode")

Definition. Article 6:230g lid 1 onder e BW defines an "overeenkomst op afstand" (distance contract) as one concluded through an organised system for distance sales without the simultaneous physical presence of trader and consumer — which covers every webshop order.

The 14-day window. Under Article 6:230o lid 1 BW, you may dissolve ("ontbinden") a distance purchase without giving reasons up to 14 days after the day you (or a person you designated, not the carrier) received the goods. There is no requirement to state a reason, and no fee may be charged for exercising this right (Article 6:230q lid 1 BW).

Extended window if the webshop forgot to inform you. Article 6:230o lid 2 BW provides that if the trader failed to give you the mandatory withdrawal information under Article 6:230m lid 1 onder h BW (the model withdrawal form and instructions), the 14-day period is extended by however long it takes until they actually do — up to a maximum of 12 months.

How to withdraw. For online purchases, Article 6:230oa BW now requires the webshop to provide a clearly labelled "herroepingsknop" (withdrawal button) on its website. You can also always send an unambiguous statement (e.g., email or the EU model withdrawal form) — both are legally valid.

Return shipping. Under Article 6:230s lid 1 BW you must send the goods back within 14 days of withdrawing. As a rule, you pay the return-shipping cost (Article 6:230s lid 2 BW), unless the webshop either failed to tell you that, or agreed to bear the cost. You are only liable for diminished value if you handled the goods more than was necessary to inspect them (Article 6:230s lid 3 BW); and if the webshop never gave you the mandatory withdrawal information, you owe nothing for value reduction.

The refund. Article 6:230r lid 1 BW obliges the webshop to refund all payments received from you — including the original standard delivery charge — without delay and in any event within 14 days of receiving your withdrawal notice. The refund must use the same payment method you used, unless you expressly agree otherwise, and you may never be charged a fee for the refund (Article 6:230r lid 2 BW). If you chose a more expensive shipping option than the cheapest standard delivery, the trader does not have to refund the surcharge (Article 6:230r lid 3 BW). Until the webshop has the goods back (or you prove you returned them), it can wait to refund (Article 6:230r lid 4 BW).

Scenario 2 — The goods are faulty, damaged, or not as described

"Non-conformity" (the goods not matching the contract) is governed by Book 7, Title 1, Section 1A (artikelen 5–25 BW).

What counts as non-conforming. Article 7:18 BW lists objective and subjective requirements: the goods must match the description, type, quantity and quality; be fit for any specific use you told the trader about and that the trader accepted; come with the agreed accessories and instructions; and meet the standard a consumer may reasonably expect, taking into account public statements (including advertising) made by or on behalf of the trader or earlier links in the chain of transactions. Installation mistakes caused by defective instructions are treated as non-conformity under Article 7:18a lid 1 BW.

The 1-year presumption. Under Article 7:18a lid 2 BW, any defect that appears within one year of delivery is presumed to have existed at delivery — the trader must prove otherwise. This reversal of the burden of proof is one of the strongest practical tools you have, because it usually means you do not have to pay for an expert report to prove a defect existed from the start.

Your remedies. Article 7:21 lid 1 BW gives you, in the first instance, the right to demand repair or replacement of the non-conforming goods (free of charge, within a reasonable time, and without serious inconvenience). Only if repair or replacement is impossible, cannot reasonably be demanded, or fails, do you get the secondary remedies under Article 7:22 lid 1 BW:

  • dissolving the contract (ontbinding) with a full refund, or
  • a proportional price reduction (prijsvermindering).

Article 7:22 lid 5 BW further provides that in certain serious cases (the trader refuses or fails to repair/replace, the defect is very serious, or the trader has stated it will not put matters right) you may dissolve immediately, without first granting a repair attempt. The trader bears the costs and risk of returning the goods in these scenarios (Article 7:21 lid 7 BW).

A commercial warranty offered by the trader or producer sits on top of these statutory rights; it cannot reduce them (Article 7:6a lid 1 BW).

Delivery delay. If the webshop fails to deliver within 30 days of the order (or another agreed deadline), you can dissolve the contract under Article 7:9 lid 4 BW.

What you cannot claim

  • For change-of-mind returns, the cooling-off right does not apply to several categories listed in Article 6:230p BW, including goods made to your specifications, perishable items, sealed goods unsuitable for return for hygiene reasons once unsealed (e.g., underwear, cosmetics), digital content downloaded after you expressly agreed to lose the right, and urgent repair/maintenance services.
  • For non-conformity, the trader is not liable for defects you cause yourself, normal wear and tear, or defects you knew about at the time of purchase.
  • "No refund" signs in the webshop, or clauses in the general terms trying to exclude these rights, are void to the extent they disadvantage the consumer (Articles 7:6 lid 1 BW and 6:237 BW under the black and grey lists of unfair contract terms).

If the webshop still refuses to refund you

The legal rights above are yours directly under the law, but enforcement is largely yours to organise. The standard route is:

  1. Put the claim in writing (email or the webshop's complaint form), citing the relevant article (e.g., "I invoke my right of withdrawal under Article 6:230o BW" or "I claim non-conformity under Article 7:18 BW"). Keep all correspondence and proof of delivery.
  2. If the webshop is a member of Thuiswinkel.org or carries another quality mark, file a complaint with that organisation, which offers free mediation (7 to 30-day response window).
  3. Submit a dispute to the Geschillencommissie Thuiswinkel (binding decision, low fee) if the webshop is signed up, or another recognised dispute resolution body mentioned in the webshop's terms.
  4. File a report with ACM ConsuWijzer. Note that the ACM does not recover your money for you, but uses complaints to enforce consumer-protection law (e.g., against misleading practices under Article 6:193c BW) and can take action against the trader.
  5. As a last resort, go to the kantonrechter (subdistrict court). For consumer purchases up to €40,000, the procedure is relatively informal and you do not need a lawyer. You can also claim the fixed-incasso costs of €40 minimum under Article 6:96 lid 4 BW if the trader is in default.
  6. If you paid by credit card, chargeback through your card issuer is often an effective parallel route.

Sources

Statutory provisions relied on (current text):

Other sources:

This article is general information, not legal advice. The exact application of the rules depends on the specific facts (timing, type of goods, what the webshop told you, how you handled the item). For a binding opinion on your case, consult a lawyer or a legal-aid organisation such as Het Juridisch Loket.