Complaint Obligation in Consumer Purchases in Utrecht

Complaint Obligation in Consumer Purchases in Utrecht

As a resident of Utrecht, under the complaint obligation in consumer purchases, you must promptly inspect purchased movable goods for defects and notify the seller. Failure to do so may result in losing rights such as repair, replacement, or price reduction. This Civil Code provision protects both consumers and businesses in the Utrecht area.

Why is the complaint obligation important for Utrecht residents?

The complaint obligation enables Utrecht sellers to address product issues quickly, for example at local electronics or furniture stores. This helps prevent damage escalation. For Utrecht residents, acting within deadlines is crucial to avoid sellers invoking prescription. This article covers rules for consumer purchases, building on our guide to the general complaint obligation.

Legal Basis for Complaint Obligation in Consumer Purchases

The complaint obligation in consumer purchases is governed by Civil Code (BW) Book 7, Title 3, particularly articles 7:17 to 7:24 BW for sales of movables to consumers.

• Art. 7:17 BW: General duty to inspect as soon as reasonably required, with prompt notification of defects to the seller.
• Art. 7:23(2) BW: In consumer sales, the seller may not invoke late action until two months after delivery, an advantage over business buyers.
• Art. 7:21 BW: Notification required for remedies like repair or replacement in cases of non-conformity.

This consumer protection requires proactive steps. Supreme Court rulings, such as ECLI:NL:HR:2018:123, define 'prompt' as days to weeks, depending on circumstances.

When Must You File a Complaint as a Consumer in Utrecht?

For consumer purchases – buying movables like a TV or bicycle from a professional seller – deadlines are more lenient than in B2B transactions.

1. Inspection period: Check immediately upon delivery or soon after; slightly later for complex devices.
2. Notification period: Promptly upon discovery, with a two-month grace period for consumers.
3. Exceptions: Visible defects require immediate action; hidden defects from the time of discovery.

Practical Examples for Utrecht Residents

Example: You buy a washing machine from a store in Utrecht city center. It leaks after ten days. Call immediately: complaint obligation met, free repair under Art. 7:21 BW.

Example 2: A jacket from a local boutique tears after four weeks. Discovered on day 28, notify same day: timely within two months.

Example 3: Software glitch in a laptop after 2.5 months. Still valid if promptly notified within two-year prescription period (Art. 7:23(1) BW), provided inspected.

Mistake: Complaint about a dent in a new e-bike after seven months. Seller may reject unless you prove otherwise.

Your Rights and Obligations in Utrecht

Consumer rights:

• Free repair, replacement, discount, or contract rescission (Art. 7:21 BW).
• Reversal of burden of proof: presumed manufacturing defect within six months (Art. 7:18(2) BW).
• Damage claims if seller at fault.

Obligations:

• Diligently inspect and notify.
• Cease use to avoid worsening (Art. 7:20 BW).
• Allow opportunity for repair.

No response? Send a registered letter and seek advice from Het Juridisch Loket Utrecht or escalate to the District Court of Utrecht, subdistrict section. The Municipality of Utrecht sometimes provides info via their consumer desk.

Frequently Asked Questions on Complaint Obligation in Consumer Purchases