Consumer Sale in Rijswijk: Rights and Obligations
Consumer sale involves the purchase of movable property, such as a laptop or sofa, by a Rijswijk resident from a professional seller. Unlike private transactions, 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 like you and businesses acting as sellers. In Rijswijk, you can seek free advice from Het Juridisch Loket Rijswijk if problems arise.
What does a consumer sale mean for Rijswijk residents?
In a consumer sale, a consumer – you as a private buyer outside your profession – purchases a tangible product from a seller, such as a Rijswijk store, webshop, or car dealership. Examples: a phone, car, or sofa. This does not apply to services, real estate, or purely digital items.
Important: In sales between private individuals (not a consumer sale), the rules are stricter for the buyer. A consumer sale offers advantages, such as a longer period in which the seller must prove defects were not present at delivery.
Legal rules for consumer sales
The provisions are in Book 7, Title 7.1 of the Dutch Civil Code (Articles 7:1 to 7:85 DCC). Key articles:
- Art. 7:17 DCC: Seller must deliver a conforming good that meets reasonable requirements (quality, quantity, usability).
- Art. 7:18 DCC: In the first six months, seller must prove the defect was not present at delivery.
- Art. 7:19 DCC: Remedies for non-conformity: repair, replacement, price reduction, or contract termination.
- Art. 7:23 DCC: Two-year limitation period for defects.
For distance sales (online), additional rules apply under Book 6, Title 3.5.1 DCC (Art. 6:230m et seq.), including a 14-day cooling-off period. General protections are in Book 6, Title 3 DCC.
Your rights as a consumer in Rijswijk
If a product is faulty (non-conformity: not as described, priced, or suitable for purpose), you have strong remedies.
What can you demand for defects?
- Performance: Free repair or replacement (Art. 7:19 DCC).
- Price reduction or termination with refund.
- Damages for consequential losses.
Example: A Rijswijk resident buys a washing machine for €600 from a local store. After three months, it leaks: seller repairs free of charge. No action? Hire a Rijswijk technician and claim the costs.
Bought online? Cooling-off right of 14 days (Art. 6:230o DCC).
Sellers' obligations
Sellers must:
- Deliver a conforming product.
- Disclose known defects (Art. 7:17(2) DCC).
- Deliver within a reasonable time.
- Provide a statutory warranty of two years.
Manufacturer's warranty is additional and not mandatory.
Differences: consumer sale vs. business purchase
Overview in table:
| Aspect | Consumer Sale | Business Purchase |
|---|---|---|
| Burden of proof for defect (first 6 months) | On seller (Art. 7:18(2) DCC) | On buyer |
| Limitation period | 2 years (Art. 7:23 DCC) | Contract-dependent, often shorter |
| Cooling-off right | Yes, for distance sales (14 days) | No |
| Reasonable expectations | Strongly protected | Limited |
Practical examples for Rijswijk
Example 1: Used car
You buy a used car from a Rijswijk garage. Engine trouble after two months: within six months, garage must prove it was not a manufacturing defect, or fix it free.
Example 2: Online dress
Color doesn't match on delivery in Rijswijk. Return within 14 days under distance selling rules. Keep proof of shipment!
Example 3: Laptop fails after 8 months
You must prove the defect existed at delivery. Use receipt, photos, and report from a Rijswijk expert.
FAQs on consumer sales in Rijswijk
Must I report defects immediately?
Yes, shortly after discovery (Art. 7:23 DCC), often within two months. In writing, for proof. Seek advice from Het Juridisch Loket Rijswijk.
Seller bankrupt?
Approach warranty provider or use legal assistance insurance. Check quality marks. For disputes, go to Rechtbank Rijswijk.
Does it apply to second-hand goods?
Yes, but lower standards (Art. 7:17(2) DCC). Normal wear and tear doesn't count.
Purchase via Marktplaats from a business?
Yes, if seller is professional (check KvK). Consumer protection applies to Rijswijk businesses.
Tips for Rijswijk residents
Avoid hassle:
- Keep receipt and packaging.
- Note photos and dates of issues.
- Choose sellers with quality marks, like local Rijswijk shops.
- Consult Gemeente Rijswijk or Het Juridisch Loket Rijswijk if in doubt.