A product you buy must meet the reasonable expectations you may have of it. This principle is called conformity. If a product does not meet this standard, you are entitled to repair, a new product or your money back.
What Does Conformity Mean?
According to article 7:17 of the Dutch Civil Code, a product is conform when it:
- Corresponds to what you could reasonably expect based on the sales agreement
- Is suitable for its normal purpose
- Has the characteristics promised by the seller
- Matches the claims in advertisements
Statutory Warranty in Westland
The statutory warranty, also known as the conformity requirement, is separate from any manufacturer's warranties. Even after the manufacturer's warranty has expired, you are entitled to a properly functioning product for a reasonable period of use.
Expected Lifespan of Products
The duration a product must last is determined by factors such as:
- The type of product (e.g., a washing machine versus a cheap gadget)
- The purchase price (higher price = higher expectations)
- Promises made by the seller
- Normal wear and tear
Who Must Prove What?
Within 12 months after purchase (since 2022), it is presumed that a defect was already present at delivery. The seller must prove that the product was in order. After this period, the burden of proof lies with you as the consumer to show that the problem already existed at purchase.
Your Rights in Case of a Non-Conforming Product
- Repair or replacement product (your choice)
- If that is not possible: price reduction or dissolution of the agreement
- Possibly compensation for damages
Frequently Asked Questions about Conformity in Westland
What are my rights on returns?
For online purchases, you have 14 days to return without reason, except for specific statutory exceptions.
How long is the statutory warranty valid?
Products must function for at least 2 years. Defects within 6 months are deemed to have been present at purchase.
Can I claim interest on outstanding amounts?
Yes, you can claim statutory interest (approximately 8% per year) on the amount due.
What to do in case of misleading sales practices?
You can report to the Consumers' Association, a government authority or start legal proceedings.
What does a credit agreement entail?
A credit agreement specifies how you borrow money, what interest rate applies and how you repay.
Practical Questions and Answers
What if my new device breaks down within 3 months?
If a defect occurs within 12 months after purchase, it is presumed that the problem already existed at delivery. You are entitled to free repair or a new product. If this is not possible, you can demand a price reduction or refund. Contact the seller in Westland in writing and keep all evidence such as receipts and correspondence.
How long must a product last according to the law?
The statutory warranty requires a minimum lifespan of 2 years, but this varies by product, price and wear. For defects within 6 months, it is assumed to be a pre-existing problem. After 12 months, you must prove yourself that the defect was not caused by your use.
Can a seller refer me to the manufacturer?
No, the seller in Westland is your first point of contact for conformity issues. They may not send you directly to the manufacturer, even after the manufacturer's warranty expires. The seller must respect your rights to repair, replacement or refund, unless they prove the defect is your fault.
What if the seller refuses to repair or replace?
Send a written notice with a deadline (e.g., 14 days) to comply. If there is no response, you can involve the Disputes Committee or seek legal assistance via the Juridisch Loket Westland. Keep all documentation, such as purchase receipts and photos of the defect.
How do I prove that a defect was already present at purchase?
Within 12 months after purchase, the burden of proof is on the seller to show the product was fine. After this period, you must provide proof yourself. Collect receipts, manuals, images of the defect and possibly an expert report.
Will I get my money back if repair or replacement is not possible?
Yes, if repair or a new product is not possible, you are entitled to a price reduction or full refund. Contact the seller and document your request in writing.