If a product is defective and repair is not feasible or unreasonable, you have the right in Utrecht to a new copy. The seller is obliged to replace the defective item with a new product without additional costs.
When Are You Entitled to Replacement?
You can claim replacement under the following circumstances:
- Repair is not feasible
- Repair takes too long
- The costs of repair are disproportionately high for the seller
- A previous repair attempt has failed
- You prefer replacement and this is reasonable
New Copy
You are entitled to a brand new product of the same model. No repaired or refurbished copy, unless you agree to it.
Product 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 can dissolve the purchase and request a refund.
No Additional Costs
Replacement must be provided free of charge. The seller may not charge costs for:
- The replacement product
- Shipping costs
- Installation (if this also applied to the original purchase)
- Disposal of the defective product
Usage Compensation Excluded
The seller may not demand compensation for the period during which you used the defective product, even if this was for months before the defect occurred.
Warranty Period
Upon receipt of a replacement product, a new warranty period starts. This means you again have the same rights as with a new purchase.
Frequently Asked Questions about Replacement in Utrecht
When can I demand 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 completely free. Costs for the new product, shipping, installation, or disposal of the old item may not be passed on.
What happens if the product is no longer in stock?
The seller must offer a comparable product. If you do not agree to this, you can terminate the agreement and demand a refund.
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 or replacement?
Yes, you may choose, provided your preference is not unreasonable for the seller. If replacement is much more expensive, for example, the seller may refuse with a valid reason.
Assistance 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 cases regarding consumer rights.