E-commerce Disputes under Dutch Law

Published on 18 November 2025 · Last updated 24 October 2026

E-commerce disputes under Dutch law usually concern delivery, defects, payment or the consumer’s right of withdrawal. Online sales to consumers are governed by Articles 6:230g and following of the Dutch Civil Code (Burgerlijk Wetboek), which give consumers 14 days to withdraw without giving reasons (Article 6:230o DCC). Below we explain the main rules, enforcement by the ACM and cross-border disputes.

Online commerce through websites, apps, and marketplaces follows specific legal rules that fundamentally differ from traditional trade. Businesses conducting electronic commerce must account for extensive information obligations, consumer protection, and privacy rules under the GDPR. Additionally, intellectual property rights, trademark protection, and unfair commercial practices play important roles in conflicts between competitors.

The complexity of e-commerce disputes increases because Dutch legislation such as the Dutch Civil Code (Burgerlijk Wetboek), Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering), and specific consumer protection laws apply simultaneously. Moreover, supervisory authorities actively enforce regulations: the ACM enforces consumer rights and competition rules, while the Data Protection Authority monitors privacy and data protection compliance. Disputes can escalate to proceedings before the District Court, Court of Appeal, or Advertising Code Committee.

What Legal Obligations Apply to Dutch Webshops Under Netherlands Law?

Before a consumer is bound, a webshop must clearly state its identity, geographical address, telephone number and e-mail address, the main characteristics of the product, the total price including taxes and any delivery costs, and the conditions and period for withdrawal (Article 6:230m(1) DCC). An online service provider must also show its trade register number and VAT number, where applicable (Article 3:15d DCC).

Webshop operators bear responsibility for a correctly configured online sales environment that maintains complete transparency toward customers. Regulations require businesses to communicate clearly about the ordering process, payment methods, and contract formation. The ordering process must make clear to the consumer, for example on the order button, that placing the order involves an obligation to pay (Article 6:230v(3) DCC).

General terms and conditions form an essential legal framework for webshops. For a contract concluded online, the webshop must make the terms available electronically before or at the conclusion of the contract, in a way that allows the customer to store them and consult them later (Article 6:234(2) DCC). A download option or an e-mail with the terms attached is the usual way to do this. If the terms are not properly provided, their clauses are voidable (Article 6:233(b) DCC), which can deprive the business of important contractual protection.

Dutch webshops must additionally account for cookie legislation, which requires active consent for non-functional cookies. The privacy statement must be complete and comply with GDPR requirements, clearly stating which personal data is collected, for what purpose, and how long it is retained. Violation of these obligations leads to liability based on tortious acts and potentially substantial fines from the supervisory authority.

What Are Common Causes of E-commerce Disputes in Dutch Law?

E-commerce disputes regularly arise through delivery problems, where products are not delivered on time or never arrive. In a consumer sale, the seller must deliver without delay and in any case within thirty days of the contract, unless the parties agreed a different period (Article 7:9(4) DCC). Until the consumer receives the item, it remains at the seller’s risk (Article 7:11(1) DCC).

Differences between product photos or descriptions and the item actually delivered also lead to disputes. The item must conform to the contract, including the description and public statements made in advertising (Articles 7:17 and 7:18 DCC). In a consumer sale, a defect that appears within one year after delivery is presumed to have existed at delivery, unless the seller proves otherwise (Article 7:18a(2) DCC).

Payment conflicts form a second major category of disputes. Consumers paying via iDEAL, credit card, or deferred payment sometimes experience double charges or receive no payment confirmation. Webshops conversely face payment refusals, chargebacks, and fraudulent orders where consumers claim they never placed an order.

The withdrawal right generates many conflicts in practice. For goods, the consumer has 14 days from receipt to withdraw (Article 6:230o(1)(b) DCC). A business cannot refuse a return simply because the item was used. The consumer is, however, liable for any diminished value if it handled the item more than necessary to establish its nature, characteristics and functioning (Article 6:230s(3) DCC). A customer who uses a camera on holiday and then returns it can still withdraw, but the webshop can deduct the loss in value. That deduction is not possible if the webshop failed to inform the consumer about the withdrawal right.

Misleading advertising claims and unlawful comparative advertising cause disputes between competing webshops. A business claiming to be “the cheapest in the Netherlands” without objective comparison risks proceedings before the Advertising Code Committee. Such claims must be demonstrable and verifiable according to the Dutch Advertising Code.

How Does Dutch Law Protect Consumers Who Buy Online?

Dutch rules on selling goods online to consumers implement the EU Consumer Rights Directive in Articles 6:230g and following of the Dutch Civil Code. They give consumers a 14-day withdrawal right, extensive pre-contractual information and rules on payment surcharges: no surcharge may be charged for consumer debit and credit cards or SEPA payments such as iDEAL (Article 7:520(4) DCC), and any fee for another payment method may not exceed the trader’s own costs (Article 6:230k(1) DCC).

Businesses must inform consumers about the withdrawal right before the contract is concluded. The parties cannot deviate from these rules to the consumer’s detriment (Article 6:230i(1) DCC).

The withdrawal right exists because consumers cannot inspect the product before buying. For goods, the 14 days start on the day the consumer receives the product. The business must refund all payments, including delivery costs, within 14 days of receiving the withdrawal notice. It need not refund the extra cost of a delivery method more expensive than its cheapest standard delivery, and it may wait until it has received the goods back or proof that they were sent (Article 6:230r(1), (3) and (4) DCC).

Webshops bear the burden of proving that they informed consumers correctly and on time (Article 6:230n(4) DCC). If the information on the withdrawal right is missing, the withdrawal period is extended until the information is provided, by at most twelve months after the original 14-day period ends (Article 6:230o(2) DCC). In that case, a consumer can still return a laptop bought ten months ago and claim a full refund.

Some contracts fall outside the withdrawal right (Article 6:230p DCC). Examples are goods made to the consumer’s specifications, goods that spoil quickly, sealed audio or video recordings and software once the seal has been broken, digital content once delivery has started with the consumer’s express consent and acknowledgement that the right is lost, and services that have been fully performed, where performance began with the consumer’s express prior consent and the consumer acknowledged losing the right once the contract was fully performed. If no withdrawal right applies, the webshop must tell the consumer so before the contract is concluded (Article 6:230m(1)(k) DCC).

A consumer is not bound to pay for an extra option without express consent; pre-ticked boxes that the consumer has to untick do not count as consent (Article 6:230j DCC). For contracts concluded through an online interface, the webshop must also offer a clearly visible withdrawal function, labelled unambiguously, through which the consumer can withdraw, and it must confirm receipt without delay on a durable medium (Article 6:230oa DCC).

What Role Does the Netherlands Authority for Consumers and Markets Play in Disputes Under Dutch Law?

The ACM actively enforces compliance with consumer legislation in the e-commerce sector and intervenes in violations of information obligations, misleading commercial practices, and unfair contract terms. This supervisory authority possesses far-reaching powers to impose fines, issue orders subject to penalty payments, and publish public warnings.

The maximum fine is €900,000 or, if higher, 1% of the offender’s turnover. For practices that are always misleading or aggressive (Articles 6:193g and 6:193i DCC) the maximum is €900,000 or, if higher, 10% of turnover, and in coordinated EU enforcement actions the turnover-based maxima are 4% or 10% of annual turnover in the Member States concerned (Article 2.15 Consumer Protection Enforcement Act).

Webshops receiving structural complaints from consumers risk an ACM investigation. The supervisor monitors online marketplaces, compares general terms and conditions with legal requirements, and verifies whether withdrawal rights are correctly communicated. Additionally, the ACM signals trends in consumer complaints through reporting centers and trade organizations.

A business receiving a warning or fine from the ACM must typically remedy violations within a specified period and submit an action plan. Negative publicity surrounding ACM sanctions substantially damages webshop reputation, resulting in revenue loss and diminished consumer confidence. Moreover, consumers who claim damages in civil proceedings can rely on an ACM fine decision as evidence; as a rule, the court decides what weight to give it (Article 152(2) Dutch Code of Civil Procedure). In a claim for damages for an infringement of competition law, however, an irrevocable ACM decision finding that infringement is irrefutable proof of it (Article 161a Dutch Code of Civil Procedure).

Beyond enforcement, the ACM offers education to businesses about correct compliance with e-commerce legislation. The supervisor publishes guidelines, practice examples, and updates about new regulations. Webshop operators can thereby proactively adjust their business operations and prevent disputes.

Are you uncertain whether your business practices comply with Dutch e-commerce regulations? Our specialized lawyers in Amsterdam analyze your operations and advise on necessary adjustments to prevent disputes and penalties.

What Are the Legal Risks of Incorrect General Terms and Conditions in the Netherlands?

If general terms and conditions were not properly provided, or a clause is unreasonably onerous, the counterparty can annul the clause (Article 6:233 DCC). Until it does, the clause applies. Larger businesses, such as companies with fifty or more employees, cannot rely on these grounds (Article 6:235(1) DCC). Once a clause is annulled, the webshop loses that protection, for example a liability limitation or retention of title.

Without a valid limitation clause, the general statutory rules on damages apply (Article 6:74 DCC). Towards consumers, a clause that fully or partly excludes statutory liability is presumed to be unreasonably onerous (Article 6:237(f) DCC).

The awareness exception offers a possible solution when general terms and conditions were not correctly provided. If the counterparty was demonstrably familiar with the terms from previous transactions or industry practice, these can still apply. However, this exception rarely applies to consumers, who typically lack commercial experience with recurring suppliers.

Unreasonably onerous clauses in consumer contracts are voidable under Article 6:233(a) DCC. A clause that requires the consumer to pay a sum when the contract ends for a reason other than the consumer’s own breach is presumed unreasonable, unless it is reasonable compensation for loss suffered or profit lost (Article 6:237(i) DCC).

Webshops must also take into account the black list (Article 6:236 DCC, always unreasonably onerous) and the grey list (Article 6:237 DCC, presumed unreasonably onerous) for consumer contracts. Black-listed are, for example, clauses that change the statutory burden of proof to the consumer’s detriment (Article 6:236(k)) and clauses that take a dispute away from the competent court without giving the consumer at least one month to choose that court (Article 6:236(n)). A clause excluding the statutory withdrawal right cannot be enforced against the consumer, because the rules on the withdrawal right are mandatory in the consumer’s favour (Article 6:230i(1) DCC). It is therefore wise to have general terms and conditions reviewed regularly against current case law.

How Does Dispute Resolution Work in International E-commerce Under Dutch Law?

International e-commerce disputes raise questions about the applicable law, the competent court and enforcement. EU rules protect consumers when a webshop directs its activities to the consumer’s country, also when the webshop is established outside the EU (Articles 17–18 Brussels I bis Regulation; Article 6 Rome I Regulation).

A Dutch judgment against a webshop outside the EU, for example a seller on a platform such as AliExpress, can only be enforced there under that country’s rules. In practice, that makes enforcement difficult and expensive. Within the EU, judgments circulate much more easily.

A consumer can sue the webshop in the courts of its own domicile, and the webshop can sue the consumer only there (Article 18(1) and (2) Brussels I bis). A forum clause in the general terms does not change this, unless it was agreed after the dispute arose or gives the consumer extra options (Article 19). This protection applies when the webshop pursues activities in the consumer’s Member State or directs them there, for example through a country-specific website, local currency or advertising in that country (Article 17(1)(c)). The same test applies to the law: the consumer keeps the protection of the mandatory rules of its own country, even if the terms choose another law (Article 6(1) and (2) Rome I). A Dutch consumer who deliberately chooses a German webshop that does not target the Netherlands cannot always rely on this.

Alternative dispute resolution (ADR) can be a cheaper alternative to cross-border court proceedings. Note that the European Commission’s Online Dispute Resolution (ODR) platform no longer exists: complaints could no longer be submitted from 20 March 2025, and the ODR Regulation was repealed with effect from 20 July 2025 (Articles 1 and 2 Regulation (EU) 2024/3228). Webshops should therefore remove any reference or link to the ODR platform. Recognised national ADR entities, such as dispute committees, remain available.

Webshops that sell to several EU countries face the same 14-day withdrawal period everywhere for online sales, because the Consumer Rights Directive fully harmonises it (Articles 4 and 9(1) Directive 2011/83/EU). Other rules, such as product liability procedures and the national details of consumer protection, can still differ between countries, so terms and return procedures should be checked per market.

What Legal Steps Do You Take When a Supplier Breaches Contract in the Netherlands?

Contract breach under Dutch law by a webshop supplier can lead to delivery problems toward customers, reputation damage and revenue loss. The first step is usually a written notice of default giving the supplier a reasonable period to perform (Article 6:82(1) DCC).

This notice should state the concrete facts: which products were not delivered, the agreed delivery dates and the damage suffered.

If the supplier does not perform within that period, you can terminate the contract (Article 6:265 DCC) and claim the damage caused by the termination (Article 6:277(1) DCC). Damages cover both losses suffered, such as refunds to consumers and extra costs, and lost profits (Article 6:96(1) DCC).

Conservatory attachment under Dutch law on the supplier’s assets prevents the supplier from removing assets before you obtain a judgment. You first need leave from the preliminary relief judge, who decides after a summary examination (Article 700(1) and (2) Dutch Code of Civil Procedure). A bailiff then attaches bank accounts, stock or receivables. Unless main proceedings are already pending, you must start them within the period set by the judge, which is at least eight days after the attachment (Article 700(3)).

Alternative dispute resolution in the Netherlands through arbitration or mediation can save time and costs compared to court proceedings. Many supplier agreements contain an arbitration clause, for example referring disputes to the Netherlands Arbitration Institute (NAI). Arbitrators with industry knowledge decide the dispute in a binding award. To enforce the award in the Netherlands, you need leave from the preliminary relief judge (Article 1062(1) Dutch Code of Civil Procedure).

How Do You Protect Intellectual Property in E-commerce Under Dutch Law?

Intellectual property rights under Dutch law (or EU legislation) form the foundation for protecting online content, product designs, and trademarks against copying by competitors. Copyright automatically protects original works including website designs, product photos, software, and texts without registration requirements under Dutch copyright law.

A webshop that writes original product descriptions may hold copyright in them and can take action against competitors copying the texts. The Benelux Office for Intellectual Property (BOIP) registers trademarks that protect your business name, logo and product names against confusing imitation.

Registered Benelux trademarks provide exclusive rights to use a sign for specific product or service categories. Competitors sometimes advertise on your brand name through Google Ads. Whether that infringes your trademark depends on the ad: in particular, whether it makes clear to an average internet user that the goods do not come from you. If it does not, you may be able to base a cease-and-desist claim on the Benelux Convention on Intellectual Property.

Database protection under the Database Act offers legal protection for substantial investments in databases such as product catalogs, price lists, and customer reviews. A competitor that scrapes a substantial part of your product database with automated bots may infringe your database right. You can then initiate summary proceedings to stop these practices and claim damages for unauthorized use.

Online platforms such as Bol.com, Amazon and Zalando must offer a notice and action mechanism through which you can report illegal content, such as offers that infringe your trademark or copyright (Article 16 Digital Services Act). Your notice should explain why the content is illegal and where exactly it can be found. The platform must deal with it in a timely, diligent, non-arbitrary and objective manner; the DSA sets no fixed deadline.

What Are the Consequences of Negative Online Reviews and Reputation Damage in the Netherlands?

Negative online reviews can cause substantial reputation damage and lead to revenue loss, especially when prominently appearing on platforms like Google Reviews, Trustpilot, or Kiyoh. However, businesses must accept that consumers are free to post critical yet truthful reviews expressing their opinion.

Legal action is only possible against statements that are unlawful, for example because they are factually incorrect, unnecessarily offensive or infringe privacy.

Unlawful statements are characterized by false accusations, grossly offensive language, or privacy violations such as sharing personal data. A review claiming a webshop intentionally sells defective products without any evidence exceeds the boundaries of permissible criticism. In such situations, you can submit a Notice-and-Takedown request to the platform administrator like Google or Trustpilot.

If the matter is urgent, you can bring summary proceedings against the author of defamatory statements. You claim that the publication stops and the unlawful content is removed, based on tort (Article 6:162 Dutch Civil Code). The judge weighs freedom of expression against your interests, taking into account whether the statement is factually incorrect, unnecessarily offensive and whether it serves a legitimate purpose.

Reputation management services try to push negative content down by publishing positive content. The GDPR “right to be forgotten” does not help a business here: the GDPR protects the personal data of natural persons, not the reputation of companies (Article 4(1) GDPR). A sole trader or director who is named personally may, however, have rights under the GDPR.

Contact our law firm in Amsterdam for legal advice on addressing unlawful online reviews and effective reputation protection for your webshop.

How Do You Prevent Disputes Through Correct Webshop Configuration Under Dutch Law?

Proactive dispute prevention begins with a legally correct webshop configuration complying with all statutory obligations and communicating transparently toward customers. A detailed FAQ section answers frequently asked questions about delivery times, return procedures, and warranties, reducing consumer uncertainties about the purchasing process.

Clear product descriptions with dimensions, material specifications, and professional photos prevent disappointments upon delivery. General terms and conditions must be legally sound while remaining comprehensible for consumers without legal knowledge. Avoid ambiguous formulations and ensure essential provisions such as withdrawal rights, delivery periods, and warranty conditions are prominently mentioned.

A webshop forcing consumers to scroll through 15 pages of general terms and conditions before ordering increases dispute risk through lack of transparency. Quality control of suppliers and products minimizes the number of complaints about product quality. Establish clear quality requirements for suppliers and conduct sample inspections on delivered products. For instance, a webshop importing electronics can require suppliers to provide CE certification and products complying with Dutch safety standards.

Complaint handling according to a structured protocol ensures dissatisfied customers are taken seriously and disputes are resolved at an early stage. Respond to complaints within 48 hours, show understanding for the situation, and offer appropriate solutions such as credit, replacement, or restitution. A customer-friendly approach prevents escalation to formal proceedings before dispute committees or the Dutch District Court, saving time and costs. Furthermore, transparent communication about complaint procedures demonstrates professionalism and builds consumer trust in your webshop operations.

Frequently asked questions about e-commerce disputes under Dutch law

How long does a consumer have to withdraw from an online purchase in the Netherlands?

14 days, for goods counted from the day the consumer receives the item (Article 6:230o(1) DCC). If the webshop did not provide the information on the withdrawal right, the period is extended by at most twelve months (Article 6:230o(2) DCC).

Can a webshop refuse a return because the product was used?

No. The consumer keeps the right to withdraw, but is liable for diminished value if it handled the product more than necessary to establish its nature, characteristics and functioning (Article 6:230s(3) DCC). That liability does not apply if the webshop failed to give information on the withdrawal right.

Which court has jurisdiction over a dispute with a foreign consumer?

If the webshop directs its activities to the consumer’s country, the consumer can sue at home and can only be sued there (Articles 17 and 18 Brussels I bis Regulation). A forum clause in the general terms does not change this (Article 19).

Can I still use the EU Online Dispute Resolution platform?

No. Complaints could no longer be submitted from 20 March 2025, and the ODR Regulation was repealed with effect from 20 July 2025 (Regulation (EU) 2024/3228). National ADR entities remain available.

What fine can the ACM impose on a webshop?

Up to €900,000 or, if higher, 1% of turnover; for practices that are always misleading or aggressive up to €900,000 or, if higher, 10% of turnover (Article 2.15 Consumer Protection Enforcement Act). Higher maxima can apply in coordinated EU actions and for repeat offences.