A consumer purchase takes place when an individual purchases a product from a professional seller. In Westland, the law provides extra protection to consumers, such as the right to a properly functioning product and warranty provisions.
What characterises a consumer purchase?
According to article 7:5 of the Dutch Civil Code, there is a consumer purchase if:
- The buyer is a private individual (not a business)
- The product is intended for personal use
- The seller acts from a professional business
Special rights for consumers
Consumers in Westland enjoy additional protection, including:
- Mandatory warranty on conformity
- Burden of proof with the seller for the first 12 months (previously 6 months)
- Possibility to annul unfair terms
- Right to repair or replacement in case of defects
No consumer purchase
If the purchase takes place between two private individuals or between businesses, the extra protection rules do not apply. In that case, the standard rules for sales agreements from the Dutch Civil Code apply.
Business owner buys privately
If a business owner buys a product for personal use, such as a television for home use, this is considered a consumer purchase. The purpose of use of the product is decisive, not the status of the buyer.
Combined use
For products that are used both for business and private purposes, the main purpose determines the classification. A laptop that is mainly used for private purposes falls under consumer purchase, even with incidental business use.
Frequently Asked Questions about consumer purchase in Westland
What does my right of withdrawal entail?
For purchases via the internet, you have 14 days to return without reason, unless specific exceptions apply.
What is the duration of the statutory warranty?
Products must function for at least 2 years. Defects within the first 6 months are presumed to have been present at delivery.
Can I claim interest on outstanding amounts?
Yes, you are entitled to statutory interest (approximately 8% per year) on the amount due.
What to do in case of misleading commercial practices?
You can file a complaint with the Consumentenbond, a government authority or start a legal procedure via the District Court of The Hague.
What does a credit agreement entail?
A credit agreement specifies how you borrow money, what interest rate applies and how you repay.
Additional Frequently Asked Questions
When do I qualify for consumer purchase?
You are entitled to consumer purchase if you as a private individual make a purchase from a professional seller for personal use. This also applies to business owners who buy something for private purposes. A laptop that is mainly used at home falls under consumer purchase, even with limited business use. For business purchases, however, the standard rules apply without extra rights.
What if my product becomes defective within 6 months?
If a defect occurs within 6 months after purchase, it is assumed that the problem already existed at delivery. The seller must refute this. You can claim repair, a new product or refund. Keep your proof of purchase and report the defect immediately. For online purchases, you often also have a right of withdrawal of 14 days.
Do consumer rights also apply to second-hand goods?
Yes, these rights apply to second-hand products purchased from a professional seller. The product must meet reasonable expectations for a used item. A second-hand car does not have to be perfect, but it must function safely. The warranty may be limited, but not completely excluded.
What distinguishes statutory warranty from commercial warranty?
Statutory warranty guarantees a sound product for at least 2 years and always applies. Commercial warranty is an extra service, such as a longer warranty period or broader coverage, often with specific conditions. Statutory rights always remain valid, even if the commercial warranty does not apply.
Can warranty be refused after self-repair?
Yes, if a defect arises due to your own repair or improper use, the seller can refuse warranty. Warranty only applies to defects that were present at delivery or arose from normal use. Always report defects to the seller first before taking action yourself.
For legal assistance in Westland, you can contact the Juridisch Loket Westland or submit a case to the District Court of The Hague.