Right to Replacement for Consumers in Rijswijk

Right to Replacement for Consumers in Rijswijk

For residents of Rijswijk, the right to replacement as a consumer is a key protection under Dutch consumer law. This right entitles you to exchange a defective product for a new, equivalent item if it fails to meet what you could reasonably expect. It applies in cases of non-conformity and follows a strict hierarchy of remedies, as provided by law.

Legal Basis for Replacement Delivery in Rijswijk

The foundation for this right lies in Dutch Civil Code Book 7, Title 1, Section 3.3 on performance of obligations. Key provisions include:

• Art. 7:17 Dutch Civil Code: Non-conformity, where a product lacks the properties it should have.
• Art. 7:21 Dutch Civil Code: Sequence of remedies: repair or replacement first, followed by price reduction or contract termination only if necessary.
• Art. 7:23 Dutch Civil Code: Consumer selects the remedy, unless it is disproportionate.

These rules implement EU Directive 2019/771. Since January 1, 2022, consumer purchases carry a mandatory warranty of at least 2 years (art. 7:18(1) Dutch Civil Code), though second-hand goods may have a shorter period by agreement.

When Is Replacement Available for Rijswijk Residents?

In Rijswijk, you are entitled to replacement in cases of non-conformity:

• The product differs from the description in the advertisement or sales agreement.
• It lacks normal durability, such as a TV that fails after a few months.
• It is unsuitable for standard use or a specific purpose you made known.

The defect must have existed at delivery, even if it appears later. You bear the burden of proof initially, but it shifts after 6 months (or 1 year for pricier items) (art. 7:18(2) Dutch Civil Code).

Hierarchy of Remedies

The law requires these steps:

1. Repair or replacement, at the consumer's choice.
2. If impossible or disproportionate: price reduction or contract termination.

Replacement must be entirely free, including transport and installation.

Practical Examples for Consumers in Rijswijk

Example 1: Laptop from Rijswijk Store
You buy a €900 laptop from a local electronics shop. After 4 months, it keeps crashing. Non-conformity! Demand replacement; the seller must provide it unless repair is equally effective and cheaper.

Example 2: Used Car
A second-hand car from Rijswijk develops a manufacturing defect after 5 months. Within the warranty period (minimum 3 months for used goods), you can demand replacement if reported promptly.

Example 3: Furniture
A sofa set frays after limited use. If the quality is inadequate, demand replacement; normal wear from regular use may exclude this.

Rights and Obligations for Consumers in Rijswijk

Your Rights

• Choose repair or replacement (art. 7:21 Dutch Civil Code).
• Free remedy with minimal inconvenience.
• Contract termination with refund if replacement fails.

Your Obligations

• Report non-conformity promptly (reasonable term, art. 7:23 Dutch Civil Code).
• Give the seller a chance to remedy.
• Keep the receipt and document the defect (photos, videos).

Repair vs. Replacement: Overview

FAQs on Consumer Replacement in Rijswijk

Tips for Rijswijk Residents

• Document thoroughly: Photos, dates, written communication.
• Check warranty: Statutory warranty overrides manufacturer warranty.
• Seek local help: Rijswijk Legal Aid Office (free advice) or Rijswijk District Court for proceedings.
• Read more: Right to Replacement, Statutory Warranty or Non-conformity.