A Northern Netherlands court found that a survey visit followed by the consumer’s own digital acceptance was neither a distance nor an off-premises contract, so the statutory withdrawal right did not apply.
What you need to know
A salesperson entering the home does not automatically give every later agreement a fourteen-day withdrawal right. In a Northern Netherlands home-battery case, an employee visited only to inspect the site and prepare a non-binding customised offer. The consumer later accepted digitally. The court therefore classified the agreement as neither a distance contract nor one concluded away from business premises, and the statutory withdrawal right did not apply. The consumer still owed the €13,781.90 principal. At the same time, the court struck down an unfair commercial-interest clause and an open-ended collection-cost clause. Hokimi’s conclusion is not that home sales can never be cancelled. The route to agreement matters: who initiated contact, why someone visited, whether the offer bound anyone and when acceptance occurred. Preserve that timeline and obtain independent advice rather than relying on the single fact that a conversation happened at home.
- The consumer accepted digitally after a home survey and non-binding quotation.
- The court found no distance or off-premises contract, so the statutory withdrawal right did not apply.
- The consumer owed €13,781.90 in principal plus litigation costs.
- The court removed unfair interest and collection-cost clauses.
Hokimi field note: Before signing for a home battery, demand written total price, installation scope, cancellation terms and the stated place of contracting. Store the quotation, messages, timestamps and technical report together.
Dates, availability and external conditions can change. Confirm the latest information with the official source.
Why it may be useful
A Northern Netherlands court found that a survey visit followed by the consumer’s own digital acceptance was neither a distance nor an off-premises contract, so the statutory withdrawal right did not apply.
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