In a consumer purchase in Rijswijk, a private individual purchases a product from a professional seller. The law provides extra protection, such as the right to a properly functioning product and statutory warranty.
When is there a consumer purchase?
According to Article 7:5 of the Dutch Civil Code, there is a consumer purchase if:
- The buyer is a natural person (not a business)
- The purchase is for personal purposes
- The seller acts in the course of his profession or business
Special rights for consumers
Consumers in Rijswijk enjoy extra rights, including:
- Statutory warranty on the conformity of the product
- The burden of proof lies with the seller in the first 12 months (previously 6 months)
- Unreasonable conditions in contracts can be declared null and void
- 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 standard rules for sale from the Dutch Civil Code apply, without extra consumer protection.
Business purchase for private use
A business owner who purchases a product in Rijswijk for private use, for example a television for home, falls under the rules of consumer purchase. The purpose of the purchase is decisive, not the status of the buyer.
Combined use
For products that are used both for business and private purposes, the main purpose determines the classification. A laptop that is mainly used for private purposes falls under consumer purchase, even if it is occasionally used for work.
Frequently asked questions about consumer purchase in Rijswijk
What does my right of withdrawal entail?
For purchases made via the internet, you generally have 14 days to return the product without reason, except for statutory exceptions.
What is the duration of the statutory warranty?
Products must function for at least 2 years. Defects that occur within 6 months are presumed to have been present at delivery.
Can I claim interest on outstanding amounts?
Yes, you are entitled to 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 Consumentenbond, a government authority or start a legal procedure via the District Court of The Hague.
What does a credit agreement entail?
A credit agreement specifies how you borrow money, what interest rate applies and how you repay it.
Practical assistance in Rijswijk
For legal advice on consumer purchases, you can go to the Juridisch Loket Rijswijk. In case of disputes, a case can be submitted to the District Court of The Hague, under which Rijswijk falls.