Warranty and Faulty product

What warranty do I have when I buy a product?
If you buy a product as a consumer, you are entitled to a good product. This means that you can expect a product to function properly for a certain period of time. You must therefore be able to use the product normally for a certain period of time. There are basically two types of warranty: the legal warranty and the additional warranty (sometimes called seller's or manufacturer's warranty).

Legal guarantee
According to the law, you as a consumer have the right to a product of good quality. If the product you have purchased is not good (in technical language: the product is faulty), you may require the seller to repair the product free of charge or to give you a new product.

What is a faulty product?
A product does not meet expectations, and is therefore unsound if the product is not good. But not all problems make a product unsound. For example, if a product is worn out, it is not unsound. That's part of it. For example, you have to maintain a car. This also applies to some electronics products, such as an espresso machine. Have you used a product incorrectly, not maintained it properly or have you damaged a product? And did the product break down as a result? Then you have to pay the costs for repair or for a new product yourself. A product that does not meet the expectations that a consumer may have of it can be unsound. A product is unsound if it:

• does not work (properly);
• is not complete;
• is damaged;
• does not work as promised by the seller or the manufacturer in, for example, advertising;
• does not meet the specified specifications.

Example faulty product
 You have bought a refrigerator. After a number of years, the light breaks down. Then you have to replace this yourself. But does the engine suddenly break down after two years? Then the product is faulty and you can go back to the store. 

When does a product not meet expectations?
A product does not meet expectations, and is therefore unsound if the product is not good. But not all problems make a product unsound. For example, if a product is worn out, it is not unsound. That's part of it. For example, you have to maintain a car. This also applies to some electronics products, such as an espresso machine. Have you used a product incorrectly, not maintained it properly or have you damaged a product? And did the product break down as a result? Then you have to pay the costs for repair or for a new product yourself.

What is the role of the manufacturer?
Sellers may not refer consumers to the manufacturer. The seller has concluded the purchase agreement and not the manufacturer. Sellers must offer a solution themselves. Or engage the manufacturer for the consumer. The seller can try to recover the costs from the manufacturer afterwards. This is regulated by law. Has a seller compensated a consumer? Then he can recover his damage from the person from whom he purchased the faulty product.

How long should a product last?
This of course depends on the type of product you have purchased. A refrigerator will generally have to last longer than, for example, headphones for your MP3 player. So it is not possible to indicate exactly how long you should be able to use a product without problems. Nevertheless, as a consumer you have a number of starting points:

If a product breaks down during the first six months, the law assumes that the product was already faulty when you bought it. The seller may have to prove that you have used the product incorrectly. Does the product break down after six months? Then you must be able to prove if necessary that this was not your own fault. According to a European directive, the minimum legal warranty period is two years. This means that you can assume that a product must be good to use for at least two years under normal use.

Dutch law does not mention an explicit warranty period. You have a legal right to a sound product. In practice, this means that you are usually entitled to a well-functioning product for more than two years. The exact duration will depend on the type of product. You can expect a washing machine to last a longer time than a pair of shoes for your child. Does your washing machine break down after four years, and is it not your fault? Then you still have rights according to the law. You can then go back to the seller. He must offer you a good solution.

Your right to a good product
You are entitled to a good product. The law states that a product must be sound. You should be able to use the product in a normal way for a certain period of time. What you can expect from a product depends on the following things: what the seller has said

• what has been said in advertising
• the brand
• the price
• whether the product is new or second-hand

Factory warranty or seller's warranty
If the seller or manufacturer gives you a certain warranty, that is a warranty on top of the legal warranty that every consumer is entitled to. Consider, for example, the manufacturer of a laptop that gives a two-year manufacturer's warranty. If the laptop breaks down within this period, you do not have to prove that this was not your fault. Without a manufacturer's warranty, this only applies to the first six months.

Additional warranty purchase
Sometimes the seller offers that you can buy additional warranty. Then always read the conditions carefully. It is quite possible that you will then have the same rights that you already have on the basis of the legal guarantee.

The role of AGA Lawyers
A lawyer of AGA Lawyers offers assistance in most cases within consumer law. In the event of a consumer law conflict, an expert lawyer is at your side. Together with you, the lawyer determines the right approach and ensures the best possible solution and result. Advising, mediating, litigating, negotiating or drafting legal documents, AGA lawyers arrange it for you.

Contact AGA Lawyers
The consumer lawyers of AGA Lawyers can do a lot for you, such as guiding you throughout the entire process. Feel free to contact one of our expert lawyers for a 1st free intake interview.

TELEPHONE: 040-8444523 (1st intake interview free of charge and without obligation) (Available Mon to Fri between 09.00h and 21.00h). We can also be reached by e-mail:
E-MAIL: info@agajuristen.nl or contact form on the right side of our website.

More information
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