A consumer purchase takes place when an individual purchases a product from a professional seller. In Utrecht, just like in the rest of the Netherlands, the law provides extra protection for consumers, such as the right to warranty and a product without defects.
When is there a consumer purchase?
According to article 7:5 of the Dutch Civil Code (Burgerlijk Wetboek), there is a consumer purchase if:
- The buyer is a natural person (not a business)
- The purchase is intended for personal use
- The seller acts from a professional business or profession
Special rights for consumers
Consumers enjoy extra rights upon purchase, including:
- Statutory warranty on the conformity of the product
- The burden of proof lies with the seller in the first 6 months (extended to 12 months since 2022)
- Unfair terms in contracts can be challenged
- Right to repair or a new product in case of defects
No consumer purchase
If the purchase takes place between two private individuals or between businesses, the extra protection rules do not apply. In that case, the standard rules for sales agreements from the Dutch Civil Code apply.
Entrepreneur purchasing something privately
If an entrepreneur purchases a product for personal use, such as a television for home, this is considered a consumer purchase. The purpose of use of the product is decisive, not the identity of the buyer.
Combined use of products
If a product is used both for business and private purposes, the main purpose determines the classification. A laptop that is mainly used for private purposes falls under a consumer purchase, even with incidental business use.
Frequently asked questions about consumer purchases in Utrecht
What does my right to return entail?
For purchases made online, you have 14 days to return without reason, unless specific exceptions apply.
What is the duration of the statutory warranty?
Products must function for at least 2 years. Defects within 6 months are presumed to have been present at delivery.
Can I claim interest on outstanding amounts?
Yes, you can claim statutory interest, currently around 8% per year, on the amount due.
What to do in case of misleading commercial practices?
You can file a complaint with organizations such as the Consumentenbond, the Authority for Consumers & Markets (Autoriteit Consument & Markt), or start a legal procedure.
What does a credit agreement entail?
A credit agreement specifies how you borrow money, what interest rate applies, and how you repay it.
Local information in Utrecht
For legal assistance in Utrecht, you can go to:
- Rechtbank Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht
Practical questions about consumer purchases
When am I entitled to consumer protection?
You are entitled to this protection if you, as a private individual, purchase something from a professional seller for personal use. This also applies to entrepreneurs who purchase something for private purposes, such as a computer for home use, even with limited business use. For business purchases, however, the general rules apply without extra rights.
What if my product breaks within six months?
If a product breaks within 6 months after purchase, it is presumed that the defect was already present at delivery. The seller must prove otherwise, and you are entitled to repair, a new product, or a refund. Keep your proof of purchase and report the defect to the seller immediately.
Do these rights also apply to used goods?
Yes, even for second-hand purchases from a professional seller, you have consumer rights. The product must meet reasonable expectations for a used item. A second-hand car does not have to be perfect, but it must function safely. The warranty period may sometimes be shorter, but cannot be completely excluded.