Product Non-Conformity in Zoetermeer

Product Non-Conformity in Zoetermeer

Product non-conformity means that a product you purchased in Zoetermeer does not meet a consumer's reasonable expectations. This includes defects, deviations from specifications, or unsuitability for everyday use. Under Dutch consumer law, you are entitled to repair, replacement, or a refund. As a Zoetermeer resident, read here about your local rights and steps, including support from Het Juridisch Loket Zoetermeer.

What Does Product Non-Conformity Mean for Zoetermeer Residents?

Non-conformity is a key concept in Dutch consumer law. A product is non-conforming if it fails to comply with the sales agreement, either subjectively (promises from advertising or the seller in Zoetermeer) or objectively (what you can reasonably expect).

Typical cases: a smartphone bought in a Zoetermeer store that suddenly won't charge, a dress that shrinks right away, or a refrigerator that doesn't cool enough for your household. The 2022 Civil Code amendment (based on EU Directive 2019/771) strengthens consumer protection: you no longer need to prove the defect existed at purchase, thanks to the presumption of non-conformity.

Legal Basis

The rules are set out in Civil Code Book 7, Title 7.1 (Articles 7:17-7:23). Key points:

• Art. 7:17 BW: The product must be suitable for normal use, match the description, be of the correct quality, and include instructions.
• Art. 7:18 BW: Two-year warranty for new products (one year for used); defects are presumed to exist at delivery.
• Art. 7:21 BW: First repair or replacement, then price reduction or contract rescission.

For online purchases from Zoetermeer, distance selling rules also apply, but non-conformity falls under the Civil Code. This ties into the right to repair.

When Does Non-Conformity Apply in Zoetermeer?

Non-conformity arises if these criteria are not met:

1. Normal use: A car must drive, a washing machine must wash – relevant for local households.
2. Description: A 'waterproof' jacket from a Zoetermeer store that leaks.
3. Expectations: Based on price, brand, and promotion; a luxury coffee maker doesn't leak.
4. Installation: Follows the instructions effortlessly.

Wear and tear or your own fault do not count. Second-hand products from Zoetermeer have a shorter warranty period.

Evidence and Deadlines

Report within 2 months of discovery (Art. 7:23(1) BW). Limitation period: 2 years from delivery. The seller must prove conformity.

Your Rights and Obligations in Case of Non-Conformity

Consumer rights:

• Repair/replacement: Free and without hassle (Art. 7:21 BW).
• Price reduction/rescission with refund if repair fails.
• Damages, e.g., travel costs to a Zoetermeer repair shop.

Seller obligations:

• Fix at no cost.
• Act promptly.
• Avoid causing further issues.

Overview of remedies:

Examples from Zoetermeer Practice

Example 1: New €1000 laptop bought in Zoetermeer crashes after 3 months. Non-conformity: right to repair or new device.

Example 2: Used bike with rust, reported within 1 year: seller repairs or refunds.

Example 3: Online shoes (size 39) are size 38: immediate non-conformity.

FAQs for Zoetermeer