Product Non-Conformity in Rijswijk

Product Non-Conformity in Rijswijk

Product non-conformity means that a purchased item does not meet the reasonable expectations you may have as a resident of Rijswijk. This includes defects, deviating features, or unsuitability for normal use. Under consumer law, as a resident you are entitled to repair, replacement, or a refund. Learn about your options and how to proceed here, with help from local organizations such as Het Juridisch Loket Rijswijk.

What does non-conformity mean in practice?

Within Dutch consumer law, non-conformity is a key concept. A product is non-conforming if it deviates from the sales agreement. This covers both subjective promises from advertising, product descriptions, or sales discussions, and objective standards that are reasonable for that type of product. In Rijswijk, where many residents shop online or in local stores, this often arises with electronics or clothing.

For example: your smartphone stops charging after a week, a blouse shrinks after washing, or a refrigerator from a Rijswijk neighborhood cools insufficiently. Thanks to the 2022 Civil Code amendment, based on EU Directive 2019/771, consumers are better protected. You no longer need to prove the defect existed at delivery; there is a presumption of non-conformity during the warranty period.

Legal Basis

The provisions are found in Civil Code Book 7, Title 7.1 (articles 7:17-7:23). Key points:

• Art. 7:17 Civil Code: Conformity requirements – suitable for normal use, matching the description, correct quantity/quality, including instructions and accessories.
• Art. 7:18 Civil Code: Two-year warranty for new products (one year for used); presumption of defect at delivery.
• Art. 7:21 Civil Code: Step-by-step remedies: first repair/replacement, then price reduction or contract termination.

For online purchases, distance selling rules apply, but non-conformity primarily falls under the Civil Code. This ties into the right to repair as the first option. In Rijswijk, you can get free advice from Het Juridisch Loket Rijswijk.

When does a product qualify as non-conforming in Rijswijk?

Non-conformity arises from failure to meet these criteria:

1. Normal use: A bicycle must pedal, an oven must bake.
2. Description: A 'stainless steel' Rijswijk raincoat that leaks.
3. Expectations: Based on price, brand, and promotion – an expensive Rijswijk coffee machine does not leak.
4. Installation/instructions: Proper assembly per manual is possible.

Wear and tear or consumer errors do not count. Used products have shorter protection.

Evidence and Deadlines

Report the defect within 2 months of discovery (art. 7:23(1) Civil Code). Limitation period: 2 years from delivery. The seller bears the burden of proof that it was conforming.

Your Rights and Obligations in Case of Non-Conformity

Consumer rights:

• Repair/replacement: Free of charge and without significant inconvenience (art. 7:21 Civil Code).
• Price reduction or refund if repair fails.
• Damage claim for consequential expenses, such as travel costs to a Rijswijk store.

Seller's obligations:

• Fix it free of charge.
• Respond promptly.
• Do not cause additional issues.

Overview of remedies:

Examples from Rijswijk

Example 1: New laptop (€1000) bought at a Rijswijk electronics store crashes after 3 months. Non-conforming: right to repair or new model.

Example 2: Used bicycle with rust from a local Rijswijk ad. Reported within warranty: seller repairs or refunds.

Example 3: Online shoes (size 39) turn out to be size 38: immediately non-conforming.

FAQs for Rijswijk Residents