As a consumer in Zoetermeer, you are entitled to a product that meets expectations. This principle, known as conformity, means that a product must do what you may reasonably expect from it. If this is not the case, you can claim repair, replacement, or a refund.
What Does Conformity Mean?
According to Article 7:17 of the Dutch Civil Code, a product is conforming if it:
- Corresponds to what was agreed in the contract
- Is suitable for normal use
- Has the properties promised by the seller
- Meets the claims in advertisements
Statutory Warranty in Zoetermeer
The statutory warranty, also known as the conformity requirement, is separate from any manufacturer's warranty. Even after the manufacturer's warranty has expired, you are entitled in Zoetermeer to a product that remains fit for purpose during a reasonable period of use.
Expected Lifespan of Products
The lifespan of a product is determined by factors such as:
- The type of product (e.g., a washing machine lasts longer than a cheap gadget)
- The purchase price (higher price = higher expectations)
- Promises made by the seller
- Normal wear and tear from use
Who Must Prove What?
If a product becomes defective within 12 months after purchase (rule since 2022), it is presumed that the defect was already present at delivery. The seller must then prove that the product was in order. After this period, the burden of proof lies with you as the consumer to demonstrate that the defect already existed.
Your Rights in Case of a Non-Conforming Product
- Free repair or replacement (you may choose)
- If that is not possible: price reduction or dissolution of the sales contract
- Possibly additional compensation for damages
Frequently Asked Questions about Conformity in Zoetermeer
What are my return rights?
For online purchases, you have 14 days in Zoetermeer to return without reason, except for certain statutory exceptions.
How long does the statutory warranty last?
Products must function for at least 2 years. Defects within 6 months are deemed to have been present at the time of purchase.
Can I claim interest on outstanding amounts?
Yes, you can claim statutory interest (approximately 8% per year) on an outstanding debt.
What to do in case of misleading commercial practices?
You can file a complaint with the Consumentenbond, a government authority, or take legal action via the court.
What does a credit agreement entail?
A credit agreement specifies how you borrow money, what interest rate applies, and how repayment takes place.
Practical Questions and Answers
What if my new device in Zoetermeer becomes defective 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 that is not possible, you can demand a price reduction or refund. Contact the seller, document everything in writing, and keep your proof of purchase.
How long must a product last according to the law?
The statutory warranty stipulates that a product must work for at least 2 years, but this depends on the product, the price, and wear and tear. Defects within 6 months are presumed to have existed already. 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, in Zoetermeer, the seller is your first point of contact for conformity issues. They may not simply refer you to the manufacturer, even after the manufacturer's warranty has expired. The seller must respect your rights to repair or refund, unless they can prove the defect is your fault.
What if the seller refuses to help?
Send a written demand letter with a deadline (e.g., 14 days) to resolve the issue. If there is no response, you can file a complaint with the Disputes Committee or seek legal assistance via the Juridisch Loket Zoetermeer. Keep all evidence, such as receipts and correspondence.
How do I prove that a defect existed at the time of purchase?
Within 12 months after purchase, the burden of proof lies with the seller. After that period, you must prove that the defect was already present. Collect proof of purchase, photos of the defect, and possibly an expert report. Written statements from a repairer can also be useful.
Will I get my money back if repair is not possible?
Yes, if repair or replacement is not possible, you are entitled to a price reduction or full refund of your purchase in Zoetermeer.