Consumer law provides protection to buyers in Rijswijk in transactions with businesses. It includes rules on defective products, misleading advertisements, and unreasonable contract terms. As a consumer, you have more rights than you may realize.
Who is a consumer?
A consumer is an individual who purchases goods or services for personal use, not for business or professional purposes. Only in that capacity do you enjoy the special protection of consumer law.
Reasons for consumer protection
The legislator considers consumer protection necessary for the following reasons:
- Businesses have more expertise and resources
- Consumers are often in a weaker bargaining position
- Products are becoming increasingly complex
- Individual buyers have difficulty enforcing their rights
Relevant legislation
- Civil Code Book 7 - Regulates consumer sales, warranties, and product conformity
- Unfair Commercial Practices Act - Prohibits misleading practices and aggressive sales techniques
- Distance Selling Act - Provides a right of withdrawal for online orders
- Consumer Credit Act - Protects in case of loans and installment payments
European influence on consumer law
A large part of consumer law is based on European directives. These ensure a basic level of protection in all EU countries. The Netherlands may introduce stricter rules, but not less strict than the EU standard.
Mandatory rules
Many consumer rights are mandatory law, meaning deviations to the detriment of the consumer are not permitted. Contract terms that conflict with this are considered invalid.
Frequently asked questions about consumer law in Rijswijk
What are my rights regarding returns?
For purchases made via the internet, you have 14 days to return without reason, except for specific exceptions in the law.
What is the duration of the statutory warranty?
Products must function for at least 2 years. Defects within the first 6 months are presumed to have been present at the time of purchase.
Can I claim interest on outstanding amounts?
Yes, you are entitled to statutory interest (approximately 8% per year) on an unpaid amount.
What to do in case of unfair practices?
You can file a complaint with the Consumers' Association, a government authority, or initiate proceedings at the District Court of The Hague.
What does a credit agreement entail?
A credit agreement sets out the conditions under which you borrow money, including interest and repayment schedule.
Additional questions about consumer law
When am I protected by consumer law?
Consumer law applies when you, as a private individual, purchase something from a business for personal use. Business purchases fall under the standard rules of the Civil Code without additional protection. In case of doubt: check whether you are acting as a consumer. Online purchases almost always fall under these rules, even if you use them for business later.
What if a product becomes defective within six months?
If a defect occurs within 6 months after purchase, it is presumed that the product was already defective at delivery. You are entitled to repair, replacement, or refund. Keep your receipt and report the defect to the seller immediately. In case of problems, contact the ACM or the Disputes Committee.
May a webshop remove items from my shopping cart?
No, a webshop may not remove products from your shopping cart without reason if they have already been selected. This may be considered unfair. They may indicate that something is out of stock before the order. In case of doubt, take a screenshot and contact the store or the Consumers' Association.
How does the 14-day cooling-off period work?
For online purchases, you have 14 days to return without giving a reason, calculated from the day after receipt. The product must be in its original condition. Exceptions apply to, for example, perishable products or custom-made goods. Check the return policy and keep your shipping proof.
What are unreasonable general terms and conditions?
Unreasonable terms disproportionately disadvantage the consumer, such as extremely long delivery times or denial of statutory rights. These are invalid. Report them to the ACM or have them reviewed by the Legal Desk Rijswijk.
What if a business goes bankrupt?
If a business goes bankrupt, whether you get your money back depends on the situation. Contact the trustee or seek advice from the Legal Desk Rijswijk.