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Distance Contract for the Netherlands

Distance Contract Template for Netherlands

A Distance Contract is a legally binding agreement governed by Dutch law, specifically designed for transactions where the parties are not physically present simultaneously. This document complies with the Dutch Civil Code (Burgerlijk Wetboek) and EU consumer protection regulations, particularly focusing on remote selling requirements. It includes mandatory provisions for consumer rights, withdrawal periods, delivery terms, and information requirements as stipulated by Dutch and EU legislation. The contract ensures transparency in remote transactions while protecting both the seller's and consumer's interests in accordance with Dutch legal requirements.

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What is a Distance Contract?

The Distance Contract template is specifically designed for businesses engaged in remote selling activities in the Netherlands. This document type is essential when goods or services are sold through online platforms, telephone, mail order, or any other means where parties are not physically present simultaneously. It incorporates all mandatory requirements under Dutch law, including the provisions of the Dutch Civil Code (Burgerlijk Wetboek) and EU Consumer Rights Directive. The Distance Contract must contain specific information about the trader, detailed product descriptions, pricing, delivery terms, and the consumer's right of withdrawal. It's particularly crucial for e-commerce businesses and other remote sellers to ensure compliance with Dutch consumer protection laws while maintaining clear and transparent terms of sale.

What sections should be included in a Distance Contract?

1. Parties: Identification of the trader/business and the consumer, including full legal names, addresses, and relevant registration numbers

2. Background: Brief context explaining the nature of the distance contract and the goods/services being sold

3. Definitions: Key terms used in the agreement, including specific definitions required by Dutch law for distance contracts

4. Subject Matter of the Contract: Clear description of the products/services being sold, including all essential characteristics

5. Price and Payment: Total price including taxes, delivery costs, and payment methods accepted

6. Delivery: Delivery terms, timeframes, and methods of delivery

7. Right of Withdrawal: Detailed explanation of the 14-day cooling-off period and how to exercise withdrawal rights

8. Returns and Refunds: Process for returning goods and obtaining refunds

9. Trader's Obligations: Commitments regarding delivery, quality, and service standards

10. Consumer's Obligations: Requirements for acceptance, payment, and proper use of goods/services

11. Complaints Procedure: Process for filing and handling complaints

12. Liability: Extent and limitations of liability under Dutch law

13. Governing Law and Jurisdiction: Confirmation of Dutch law application and competent courts

What sections are optional to include in a Distance Contract?

1. Digital Content: Required when selling digital products or content, including specific provisions about compatibility and functionality

2. Subscription Terms: Required for recurring services or subscriptions, including duration and cancellation terms

3. Installation Services: Required when product installation is offered, including terms and conditions of installation

4. Warranty: Additional warranty terms beyond statutory requirements

5. Personal Data Processing: Required when personal data processing goes beyond basic contract fulfillment

6. Intellectual Property: Required when dealing with products or services involving IP rights

7. Force Majeure: Optional but recommended clause defining circumstances beyond parties' control

What schedules should be included in a Distance Contract?

1. Product Specifications: Detailed technical specifications of products or services

2. Pricing Schedule: Detailed breakdown of prices, especially for multiple products or variable pricing

3. Withdrawal Form: Standard EU model withdrawal form as required by law

4. Returns Policy: Detailed procedures and conditions for returns

5. Privacy Notice: Detailed information about personal data processing

6. Delivery Terms: Specific delivery conditions and costs for different regions or products

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Ƶ

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions










Clauses








































Relevant Industries

Retail

E-commerce

Digital Services

Software and Technology

Consumer Goods

Fashion and Apparel

Electronics

Home and Garden

Food and Beverage

Entertainment

Education

Subscription Services

Telecommunications

Professional Services

Relevant Teams

Legal

Compliance

E-commerce

Sales

Customer Service

Operations

Commercial

Risk Management

Digital Marketing

Product Management

Consumer Relations

Contract Administration

Relevant Roles

E-commerce Manager

Legal Counsel

Compliance Officer

Business Development Manager

Digital Sales Manager

Customer Service Manager

Operations Director

Commercial Director

Online Store Manager

Retail Operations Manager

Contract Administrator

Privacy Officer

Sales Director

General Counsel

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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