If a product is defective and repair is not feasible or unreasonable, you have the right in Rijswijk to a new copy. The seller is obliged to replace the defective item without charge with a new product.
When Can You Demand Replacement?
You have the right to replacement under the following circumstances:
- Repair is not feasible
- Repair takes too long
- Repair entails disproportionately high costs for the seller
- Previous repair attempts have failed
- You choose replacement and this is not unreasonable for the seller
A New Product
You have the right to a new product of the same model. This may not be a repaired or refurbished item, unless you agree to it.
What If the Product Is No Longer Available?
If the product is no longer available, the seller may offer a comparable alternative. If you do not agree with this alternative, you may demand dissolution of the agreement and request a refund.
No Additional Costs
Replacement must be entirely free of charge. The seller may not charge for:
- The new product
- Shipping costs
- Installation (if this also applied to the original purchase)
- Disposal of the old product
Usage Fee Excluded
The seller may not demand compensation for the period during which you used the defective product, even if this was several months before the defect occurred.
Warranty on Replacement
With a replacement product, a new warranty period starts. This means you again have the same rights as with a new purchase.
Frequently Asked Questions about Replacement in Rijswijk
When can I demand replacement instead of repair?
You can demand replacement if repair is not possible, takes too much time, is too expensive for the seller, or if previous repairs were not successful. Also if you yourself choose replacement and this is reasonable, the seller must comply.
May a seller charge costs for replacement?
No, replacement must be free of charge. This includes the new product, shipping, installation, and removal of the old item. No usage fee may be charged either.
What happens if the product is no longer in stock?
If the product is no longer available, the seller must offer an equivalent alternative. If you do not accept this, you can get your money back by dissolution of the purchase.
Does the warranty start anew with a new product?
Yes, with a replacement product, a new warranty period of at least two years begins. You then have the same rights as with a first purchase.
Can I choose between repair and replacement?
Yes, you may choose, as long as your preference is not unreasonable for the seller. If replacement is much more expensive, for example, the seller may refuse, provided this is well substantiated.