Consumer Purchase Item Article

Extra rights in consumer purchase
If you buy something as a consumer, there are a lot of extra rules to protect you. For example, if you buy a broken product or you buy something remotely and think afterwards. Fortunately, as a consumer you can do something about this.

Consumer purchase according to the law
Article 7:5 paragraph 1 of the Dutch Civil Code regulates consumer purchase. This must involve the purchase of movable property.  A movable property is a property that is not attached to the ground or a home or the like. This can be, for example, a bicycle, furniture or a book.
The buyer must be a natural person, who is not acting in the exercise of a profession or business. The seller must act in the context of his profession or business.

Consumer protection
In the case of consumer purchases, the general rules of a contract apply. However, the law also sets out specific rules that only apply to consumer purchases. These consumer law rules are there to provide additional protection to the consumer. The government believes that the consumer should be better protected than a professional company. Most rules are mandatory law, so the seller may not deviate from this. Below you can read more about the extra rights you have as a consumer in different situations.

Non-performance
There is a breach of contract if one of the parties fails to fulfil its obligations under the agreement. This may involve complete non-compliance, partial non-compliance or when what has been agreed is not fulfilled correctly. If there is a breach of contract, you as a consumer can invoke the general rules that apply to every agreement. The following 4 things can be claimed:

• Still compliance + possible compensation;
• Suspension;
• Dissolution + possible compensation; or
• Substitute damages.

Non-conformity
If a case does not comply with the agreement, this must first be proven. Normally, the burden of proof lies with the person who states this. However, there is a reversed burden of proof in consumer law. If there is a defect in the purchased product that manifests itself within 6 months of delivery, it is of course assumed that the defect was there during the delivery. Here, the seller will have to prove that the delivered product was in order, instead of the buyer having to prove that this was not the case.

If there is non-conformity, you can also claim other things under consumer law as usual. The additional options that the consumer is given are to demand repair or replacement. In the case of consumer purchase, the seller is then obliged to comply with this. However, there are exceptions to this.
To know more about non-conformity, read it in this article

Warranty
Outside the period of 6 months, there is still a possibility of free repair or replacement. Many people think that there is a standard warranty money of 2 years. This is stated in the European Purchase and Warranty Directive. However, the Dutch legislator has chosen to offer greater protection to consumers. The law does not attach a fixed time to the legal guarantee. The warranty applies for as long as it can be expected that the product should reasonably last. The legal warranty can therefore last more than 2 years, depending on the product. Keep in mind that the burden of proof after 6 months now lies with the buyer.

Unreasonable general terms and conditions
The law states which clauses are unreasonably onerous or probably unreasonably onerous. These unreasonable clauses are listed in the black and grey list. If one of these unreasonable stipulations is included in the general terms and conditions, you as a consumer can appeal to the black or gray list. Even if you have agreed to the general terms and conditions, the seller cannot always hold you to them. However, this only applies in the case of consumer purchases. As a company you cannot rely on these rules, they will have to prove themselves that a clause in the general terms and conditions is unreasonably onerous.

If
you as a buyer, at the time of purchase, find yourself in a different place than the seller, there is a distance selling. This is, for example, if you buy something from a webshop. As a consumer, you are entitled to a minimum of 2 weeks to a cooling-off period for a distance purchase. These 2 weeks start as soon as you have received your order. This period of 2 weeks reflection period also applies to the purchase of services. Think, for example, of an online course. If you as a buyer decide to return the product within the period of 2 weeks, the seller must refund the purchase amount and the delivery costs. Only the costs of return shipment may be charged, provided that the buyer has been informed in advance.

Still need help with something?
If you still have further questions, you can contact us without obligation.   You can always call or e-mail us:
040-8444523 or info@agajuristen.nl

If you are a consumer and a seller does not comply with the rules, we can always help you with this. A letter from a lawyer or lawyer is always taken more seriously by a seller than a letter from a consumer. In addition, we are of course familiar with all correct legal substantive argumentation.

Author
Maryleny  Zonneveld (Jurist AGA Lawyers)Written
on: 11 May 2021

The above article is described as accurately as possible, yet the above article may contain human error, be incomplete or may no longer be up to date years later. AGA Lawyers does not receive any compensation for this information if it is used, and is therefore in no way liable for the information in the above article. The copyrights of the above article lie with AGA Lawyers and Maryleny  Zonneveld. The above article may not be copied or published by others without our permission on paper.