A purchased product must meet the expectations you may reasonably have of it. This principle is called conformity. If a product does not meet this standard, you are entitled to repair, a replacement product, or a refund of your money.
What does conformity mean?
According to Article 7:17 of the Dutch Civil Code, a product is in conformity if it:
- Has the characteristics that you could expect based on the sales agreement
- Is suitable for normal use
- Matches the seller's promises
- Complies with claims in advertisements
Statutory warranty in Rijswijk
The statutory warranty, also known as the conformity requirement, is separate from any manufacturer's warranties. Even after a manufacturer's warranty has expired, you are entitled to a properly functioning product for a reasonable period of use.
Expected lifespan of products
The duration a product must last is determined by:
- The nature of the product (for example, a washing machine versus a cheap headset)
- The purchase price (higher price often means higher expectations)
- The seller's assurances
- Normal wear and tear from use
Who must prove what?
If a product becomes defective within 12 months of purchase (regulation since 2022), it is presumed that the 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 at purchase.
Your rights with a non-conforming product
- Repair or a new product (you may choose)
- If this is not possible: price reduction or dissolution of the agreement
- Possibly compensation for incurred damages
Frequently asked questions about conformity in Rijswijk
What are my rights regarding returns?
For online purchases, you have 14 days to return without reason, unless statutory exceptions apply.
What is the duration of the statutory warranty?
Products must function for at least 2 years. Defects within the first 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 file a complaint with the Consumers' Association, a government authority, or submit the matter to the court.
What does a credit agreement entail?
A credit agreement specifies how you borrow money, what interest rate applies, and how you repay it.
Practical questions and answers
What if my new washing machine breaks down after 4 months?
If a defect occurs within 12 months of purchase, it is presumed that the problem already existed at delivery. You are entitled to free repair or replacement. If this is not possible, you can demand a price reduction or full refund. Contact the seller in writing and keep your proof of purchase and correspondence.
How long must a product last according to the law?
The statutory warranty stipulates that a product must function for at least 2 years, but the lifespan depends on the type of product, the price, and wear and tear. For example, an expensive washing machine must last longer than a cheap headphone. For defects within 6 months, it is assumed that the problem was already present at purchase.
Can a seller refer me to the manufacturer?
No, the seller is your first point of contact for conformity issues. They may not simply refer you to the manufacturer, even if the manufacturer's warranty has expired. The seller must respect your rights to repair, replacement, or refund, unless they prove that the defect was caused by your fault.
What if the seller refuses to repair or replace?
Send a written notice of default with a reasonable deadline (for example, 14 days) to comply with the obligations. If there is no response, you can file a complaint with the Disputes Committee or seek legal assistance via the Juridisch Loket Rijswijk. Keep all evidence, such as receipts and photos of the defect.
How do I prove that a defect was already present at purchase?
Within 12 months of purchase, the burden of proof is on the seller to show that the product was sound. After this period, you must prove that the defect already existed. Collect proof of purchase, manuals, photos or videos of the defect, and possibly an expert's report.
Will I get my money back if repair or replacement is not possible?
Yes, if repair or replacement is not possible, you are entitled to a price reduction or full refund by dissolution of the sales agreement.