Product Non-Conformity in Westland
Product non-conformity means that a purchased item does not meet the reasonable expectations you as a resident of Westland may have. Think of defects, deviating specifications, or unsuitability for daily use in our region. Under consumer law, you are entitled to repair, replacement, or refund. Read here about your options and steps, with help from local organizations such as Het Juridisch Loket Westland.
What does non-conformity mean in Westland?
Within Dutch consumer law, non-conformity is crucial. A product is defective if it deviates from the sales agreement. This includes subjective promises from advertising or sales conversations, and objective standards for what a Westland consumer can reasonably expect.
Typical cases: a smartphone that drains quickly, a dress that shrinks after washing, or a refrigerator that doesn't get cold enough for fresh Westland produce. Due to the 2022 Civil Code amendment, based on EU Directive 2019/771, consumers are better protected. You no longer need to prove the defect was present on delivery; there is a presumption of non-conformity during the initial period.
Legal Basis
The provisions are found in Dutch Civil Code Book 7, Title 7.1 (DCC, Articles 7:17-7:23). Key points:
- Art. 7:17 DCC: Conformity requirements: fit for normal use, matching description, correct quantity/quality, including instructions and accessories.
- Art. 7:18 DCC: Two-year warranty for new items (one year for used); presumption of defect at delivery.
- Art. 7:21 DCC: Step-by-step remedies: first repair/replacement, then price reduction or contract rescission.
For online purchases, distance selling rules also apply, but non-conformity primarily falls under the DCC. This ties into the right to repair as the first step.
When does non-conformity apply in Westland?
An item is non-conform if it fails to meet these criteria:
- Fitness for normal use: A car must drive reliably on Westland roads.
- Match with description: A 'stainless steel' garden sprayer that leaks for greenhouse work.
- Reasonable expectations: Depending on price, brand, and promotion; an expensive coffee maker doesn't leak.
- Installation and instructions: Proper installation possible.
Wear and tear or misuse do not count. Shorter terms apply to used items.
Evidence and Deadlines
Report within 2 months after discovery (Art. 7:23(1) DCC). Limitation period: 2 years from receipt. Sellers must prove otherwise.
Your Rights and Obligations in Case of Non-Conformity
Consumer rights:
- Repair or replacement: Free, without significant inconvenience (Art. 7:21 DCC).
- Price reduction or refund if repair fails.
- Claim for damages for consequential costs.
Seller's obligations:
- Fix at no cost.
- Respond promptly.
- Not cause additional issues.
Overview of Remedies:
| Option | Conditions | Pros | Cons |
|---|---|---|---|
| Repair | Preferred, if feasible | Keep the item | May take time |
| Replacement | After failed repair | New product | May not be available |
| Price reduction | Defect tolerable | Partial refund | Incomplete product |
| Rescission | Major defect | Full refund | Must return item |
Practical Examples from Westland
Example 1: New €1000 laptop crashes after months. Non-conform; demand repair or replacement.
Example 2: Used bike with rust, reported within year: seller repairs or refunds.
Example 3: Online shoes wrong size: immediately non-conform.
Frequently Asked Questions
Do I need to report quickly?
Yes, within 2 months. Send a letter/email with details and photos. Get advice from Het Juridisch Loket Westland.
Seller refuses?
Send registered letter with deadline. Then: Disputes Committee, subdistrict court at Rechtbank Westland, or help via Gemeente Westland.
Applies to private sales?
No, only professional sellers. Private sales: Art. 7:24 DCC, limited protection.
Manufacturer's warranty?
Manufacturer's warranty is extra and does not replace statutory rights. Combine with your legal entitlements; check with Het Juridisch Loket Westland.