Consumer Sale in Westland: Rights and Obligations
A consumer sale involves the purchase of goods, such as a new smartphone, garden furniture, or car, by a resident of Westland from a professional seller. Unlike private transactions via, for example, Marktplaats between neighbors in Naaldwijk or Monster, this provides additional protection. Rules on non-conformity, warranty, and repair rights are laid down in the Civil Code (BW) and apply exclusively to consumers buying from businesses, such as local garages in Poeldijk or online shops.
What does a consumer sale mean for residents of Westland?
In a consumer sale, you as a consumer – a private buyer from Westland, not acting in your professional capacity – purchase a tangible product from a seller, such as an electronics store in 's-Gravenzande or a car dealership. Goods include items like laptops, bicycles, or furniture, but not services, real estate, or purely digital content.
Important: Private sales between two residents of Westland offer less protection. A consumer sale provides greater certainty, such as a longer period in which the seller must prove defects were not present at delivery.
Legal rules for consumer sales
The provisions are set out in Book 7, Title 7.1 of the Civil Code (BW) (arts. 7:1 to 7:85). Key articles:
- Art. 7:17 BW: Seller must deliver a conforming product that meets reasonable expectations (quality, quantity, usability).
- Art. 7:18 BW: In the first six months, seller must prove the defect was not present at delivery.
- Art. 7:19 BW: Remedies for non-conformity: repair, replacement, price reduction, or contract termination.
- Art. 7:23 BW: Two-year limitation period for defects.
For distance sales, popular among shoppers in Westland, additional rules apply under Book 6, Title 3.5.1 BW (art. 6:230m et seq.), including a 14-day right of withdrawal. Basic protection under Book 6, Title 3 BW.
Your rights as a consumer in Westland
Product not as expected? That is non-conformity: not matching the description, price, or normal use.
What can you demand for defects?
- Performance: Free repair or replacement (art. 7:19 BW).
- Price reduction or termination with refund.
- Damages for consequential costs.
Example: You buy a washing machine for €600 from a store in Westland. After three months, it leaks. Seller repairs it free of charge. Otherwise, hire a local technician and claim the costs.
Online purchase? Right of withdrawal of 14 days (art. 6:230o BW).
Obligations of sellers in Westland
Sellers must:
- Deliver a conforming product.
- Disclose defects (art. 7:17(2) BW).
- Perform within a reasonable time.
- Provide a two-year statutory warranty.
Manufacturer's warranty applies in addition.
Differences: consumer sale vs. business purchase
Overview in table:
| Aspect | Consumer Sale | Business Purchase |
|---|---|---|
| Burden of proof for defect (first 6 months) | On seller (art. 7:18(2) BW) | On buyer |
| Limitation period | 2 years (art. 7:23 BW) | Often shorter, contract-dependent |
| Right of withdrawal | Yes, 14 days for distance sales | No |
| Reasonable expectations | Strongly protected | Limited |
Practical examples for Westland
Example 1: Used car
A garage in Kwintsheul sells you a used car. Engine trouble after two months: within six months, the garage must prove it is not a manufacturing defect, or fix it free of charge.
Example 2: Online garden set
Color differs from photo. Return within 14 days by mail, keep proof of shipment.
Example 3: Laptop fails after 8 months
You prove with receipt, photos, and report that the defect was present at delivery.
Frequently asked questions
Report defect immediately?
Yes, within a reasonable time after discovery (art. 7:23 BW), often two months. In writing, for proof.
Seller bankrupt?
Contact warranty provider or use legal assistance insurance. For online shops: check quality marks. In Westland: Het Juridisch Loket Westland can help.
Applies to second-hand goods?
Yes, but lower expectations for used items (art. 7:17(2) BW).
Purchase via Marktplaats business?
Yes, if professional. Check KvK.
Tips for residents of Westland
Avoid hassle:
- Keep receipt and packaging.
- Photos and dates of defects.
- Choose local sellers with quality marks, such as in Naaldwijk.
- Problem? Call Het Juridisch Loket Westland for free advice (available in the region).
- Dispute? Go to Rechtbank Westland or Gemeente Westland for information.