As a consumer in Utrecht, you are entitled to a product that meets the expectations you may reasonably have of it. This principle is called conformity. If a product is not in conformity, 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 in conformity when it:
- Corresponds to what you could expect based on the sales agreement
- Is suitable for its normal purpose
- Has the features promised by the seller
- Complies with claims in advertisements
Statutory Warranty in Utrecht
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 Utrecht to a product that functions properly for a reasonable lifespan.
Expected Lifespan of Products
The expected lifespan of a product is determined by factors such as:
- The type of product (for example, a washing machine versus a cheap headset)
- The purchase price (higher price, higher expectations)
- The promises of the seller
- Normal wear and tear from use
Who Must Prove What?
Within 12 months after purchase (since 2022), it is presumed that a 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 show that the defect already existed.
Your Rights in Case of a Non-Conforming Product
- Repair or a new product (your choice)
- If this is not possible: price reduction or dissolution of the sales agreement
- Possibly compensation for incurred damages
Frequently Asked Questions about Conformity in Utrecht
What are my rights regarding returns?
For online purchases, you have a 14-day cooling-off period in Utrecht to return without reason, except for statutory exceptions.
What is the duration of the statutory warranty?
Products must function for at least 2 years. Defects within 6 months are deemed to have been present at purchase.
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 misleading commercial practices?
You can report it to the Consumentenbond, a government authority or take legal action via the court in Utrecht.
What does a credit agreement entail?
A credit agreement specifies how you borrow money, what interest rate applies and how repayment proceeds.
Practical Questions and Answers
What if my new device in Utrecht breaks down after 4 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 replacement product. If this is not possible, you may demand a price reduction or refund. Contact the seller and document everything in writing. Keep your proof of purchase safe.
How long must a product last according to the law?
The law states that a product must work properly for at least 2 years, but this depends on the type of product, the price and wear and tear. For defects within 6 months, it is assumed to be a pre-existing issue. 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 Utrecht the seller is your first point of contact for conformity issues. He 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 replacement, unless he proves the defect is your fault.
What if the seller refuses to help?
Send a written complaint with a deadline (e.g., 14 days) to resolve the issue. If the seller does not respond, you can seek help from the Disputes Committee or obtain legal advice at the Juridisch Loket Utrecht at Catharijnesingel 55. Keep all documentation such as receipts and correspondence.
How do I prove that a defect was already present at purchase?
Within 12 months after purchase, the burden of proof lies with the seller. After that, you must prove the defect was already there. Collect proof of purchase, photos of the defect and possibly an expert report. A written statement 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 feasible, you are entitled to a price reduction or full refund. Contact the seller and explain your situation.
Local Help in Utrecht:
For legal assistance, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. In addition, the Rechtbank Midden-Nederland, located at Vrouwe Justitiaplein 1, handles consumer rights cases.