Consumer Sale in Utrecht: Rights and Obligations
Consumer sale covers the purchase of movable goods, such as electronics or furniture, by a private buyer from a professional seller in Utrecht. Unlike private transactions via platforms like Marktplaats between individuals, this provides extra protection, including for non-conformity, warranty, and repair rights. These rules are set out in the Dutch Civil Code (DCC) and apply exclusively to consumers buying from businesses, for example in shops around Hoog Catharijne or Utrecht-based online stores.
What does a consumer sale mean for Utrecht residents?
In a consumer sale, a consumer – you as a private individual without business purposes – buys a tangible product such as a smartphone, car, or sofa from a seller, like an electronics store in the city or a garage on Amsterdamsestraatweg. This does not cover services, real estate, or purely digital content without a physical carrier.
Key difference: private sales between Utrecht residents offer less protection. Consumer sales provide greater certainty, with a longer period during which the seller must prove defects were not present at delivery.
Legal rules for consumer sales
The foundation for consumer sales is in Book 7, Title 7.1 of the Dutch Civil Code (DCC), articles 7:1 to 7:85. Key articles:
- Art. 7:17 DCC: Delivery of a conforming product that meets your reasonable expectations as to quality and use.
- Art. 7:18 DCC: In the first six months, the seller must prove that a defect was not present at delivery.
- Art. 7:19 DCC: Remedies for non-conformity: repair, replacement, price reduction, or contract rescission.
- Art. 7:23 DCC: Two-year limitation period for defects.
For distance sales, such as via Utrecht online shops, additional rules apply under Book 6, Title 3.5.1 DCC (art. 6:230m et seq.), including a 14-day right of withdrawal. Overarching protections from Book 6, Title 3 DCC.
Your rights as a consumer in Utrecht
When a product is faulty (non-conformity) – not matching the description, price, or your reasonable expectations – your rights take center stage.
What can you demand for defects?
- Performance: Free repair or replacement (art. 7:19 DCC).
- Price reduction or contract rescission with full refund.
- Damages for consequential costs.
Example: A new fridge bought for €500 at a Utrecht electronics store starts leaking after four months. The seller must repair it free of charge. If they delay, you can use a local repair service and claim the costs.
For online purchases: right of withdrawal of 14 days (art. 6:230o DCC).
Obligations of sellers in Utrecht
Sellers must:
- Deliver conforming products.
- Disclose any known defects (art. 7:17(2) DCC).
- Perform within a reasonable time.
- Provide a two-year conformity warranty (statutory warranty).
Manufacturer's warranty is an optional extra.
Differences: consumer sale vs. commercial sale
Overview in table:
| Aspect | Consumer Sale | Commercial Sale |
|---|---|---|
| Burden of proof for defect (first 6 months) | With seller (art. 7:18(2) DCC) | With buyer |
| Limitation period | 2 years (art. 7:23 DCC) | Contract-dependent, often shorter |
| Right of withdrawal | Yes, for distance sales (14 days) | No |
| Reasonable expectations | Strongly protected | More limited |
Practical examples for Utrecht
Example 1: Used car
Bought from a Utrecht garage. Engine issue after two months: within six months, the garage must prove it is not a factory defect, otherwise free repair.
Example 2: Online dress from Utrecht shop
Color does not match: return within 14 days for distance sales. Keep proof of shipment.
Example 3: Laptop fails after 8 months
You need to provide proof (photos, receipt, expert report). Consult Het Juridisch Loket Utrecht for assistance.
Frequently asked questions about consumer sales in Utrecht
Do I need to report defects immediately?
Yes, within a reasonable time after discovery (art. 7:23 DCC), often two months. Do so in writing for proof, via email or registered mail.
Seller bankrupt?
Contact the warranty provider or use legal assistance insurance. For Utrecht shops: check Thuiswinkel Waarborg. Visit Het Juridisch Loket Utrecht for free advice.
Does it apply to second-hand products?
Yes, but with lower expectations for signs of wear (art. 7:17(2) DCC).
Purchase via Marktplaats from a Utrecht business?
Yes, if professional (Chamber of Commerce check). It's a consumer sale!
Tips for Utrecht residents
Avoid hassle:
- Keep receipts and boxes.
- Take photos and note dates of defects.
- Choose sellers with a quality mark.
- In disputes: start at Het Juridisch Loket Utrecht (free initial consultation) or proceed via Rechtbank Utrecht. Report misleading practices to Gemeente Utrecht.