If a product is defective and repair is not feasible or unreasonable, you have the right in Zoetermeer to a replacement product. The seller is obliged to provide a new copy free of charge.
When Can You Demand Replacement?
You are entitled to replacement under the following circumstances:
- Repair is not feasible
- Repair takes too long
- The repair costs are too high for the seller
- A previous repair attempt has failed
- You prefer replacement and this is reasonable
What Do You Get as Replacement?
You are entitled to a brand new product of the same model. No refurbished or repaired copy, unless you explicitly agree to it.
What if the Product Is No Longer Available?
If the original product is no longer available, the seller may offer an equivalent alternative. If you do not agree to this, you may rescind the purchase and request a refund.
No Additional Costs
Replacement must be completely free. The seller may not charge for:
- The replacement product
- Shipping costs
- Installation (if included in the original purchase)
- Disposal of the defective product
Use Fee Not Permitted
The seller may not charge a fee for the period you have used the defective product, even if it lasted months before the defect was discovered.
New Warranty Period
Upon receipt of a replacement product, a new warranty period starts. This means you have the same rights again as with a new purchase.
Frequently Asked Questions about Replacement in Zoetermeer
When am I entitled to replacement instead of repair?
You can demand replacement if repair is not possible, takes too much time, is too expensive for the seller, or if previous repairs were not successful. Also if you choose replacement yourself and this is reasonable, the seller must comply.
May a seller charge costs for replacement?
No, replacement must be free of charge. This includes the new product, shipping, installation, and removal of the old product. A use fee is also not permitted.
What happens if the product is no longer in stock?
The seller must offer a comparable product. If you do not agree, you may terminate the agreement and get your money back.
Does the warranty start anew with a new product?
Yes, with a replacement product, a new warranty period of at least two years begins, with the same rights as with the first purchase.
Can I choose between repair and replacement?
Yes, you may choose, provided your preference is reasonable. If replacement is much more expensive, for example, the seller may refuse with a valid reason.
What to do if the seller refuses to replace?
If the seller does not cooperate, you can file an official complaint. If this does not help, you can seek assistance from the Juridisch Loket Zoetermeer or bring a case before the Rechtbank Den Haag.
Does this right also apply to second-hand purchases?
Yes, you also have the right to replacement for second-hand products, but reasonableness may depend on factors such as the price and condition of the product.