Consumer law provides protection to buyers in Westland when they purchase products or services from businesses. It includes rules on defective goods, misleading promotions and unfair contract terms. As a consumer in Westland, you have more rights than you might realize.
Who is a consumer?
A consumer is an individual who purchases goods or services for personal use, not for business or professional purposes. Only in this capacity do you enjoy the additional protection of consumer law.
Reasons for consumer protection
The Dutch legislator, including in Westland, believes that consumers need extra protection because:
- Businesses often have more expertise and resources
- Consumers generally have less bargaining power
- Products and services are becoming increasingly complex
- It is difficult for individual buyers to enforce their rights
Relevant legislation
- Civil Code Book 7 - Regulates consumer sales, warranties and product conformity
- Unfair Commercial Practices Act - Prohibits misleading and aggressive sales techniques
- Distance Selling Act - Provides a right of withdrawal for purchases made via the internet
- Consumer Credit Act - Protects in case of loans and instalment payments
European influence on consumer law
A large part of consumer law in the Netherlands, also in Westland, is based on European directives. These ensure a basic level of protection throughout the EU. The Netherlands may apply stricter rules, but not milder ones.
Mandatory rules
Many consumer rights are of a mandatory nature. This means that businesses in Westland may not deviate from these rules to the detriment of the buyer. Contract terms that conflict with these laws are void.
Frequently asked questions about consumer law in Westland
What does my right of withdrawal entail?
For purchases made via the internet, you have 14 days to return without reason, except for certain exceptions such as perishable products.
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 can claim statutory interest (approximately 8% per year) on the amount due.
What to do in case of unfair practices?
You can report to the Consumers' Association, the government or bring a case before 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.
Practical questions about consumer law
When am I protected by consumer law in Westland?
Consumer law applies when you as a private individual purchase something from a business for personal use. Business purchases fall under general legislation without additional protection. In case of doubt: check whether you are acting as a consumer. Online purchases usually fall under these rules, even if you later use them for business purposes.
What if my purchase becomes defective within 6 months?
If a product breaks down within 6 months of purchase, it is presumed to have been defective at delivery. You are entitled to repair, a new product or refund. Keep your receipt and report the problem immediately to the seller. In case of disputes, you can contact the ACM or the Disputes Committee.
Can a webshop remove items from my shopping cart?
No, a webshop may not remove products from your shopping cart without reason if they have already been added. This may be considered unfair. However, they may indicate that a product is no longer available for the order. In case of doubt, take a screenshot and contact the store or the Juridisch Loket Westland.
What about the 14-day cooling-off period?
For online purchases in Westland, you have 14 days to return without giving a reason, calculated from the day after receipt. The product must be in its original condition. Exceptions apply for example to custom-made or fresh products. Check the return policy and keep your shipping proof.
What are unfair terms?
Unfair terms disadvantage you as a consumer disproportionately, such as extremely long delivery times or denying statutory rights. These are void and can be challenged via the ACM, the District Court of The Hague or with the help of the Juridisch Loket Westland.
What if a business in Westland goes bankrupt?
If a business goes bankrupt, it becomes difficult to get your money back. Contact the trustee or seek advice from the Juridisch Loket Westland for possible steps.