As a consumer in Leiden, you are entitled to a product that meets the expectations you may reasonably have of it. This principle is called conformity. If a product is not in conformity, you can claim repair, replacement or refund.
What does conformity mean?
According to article 7:17 of the Dutch Civil Code, a product is in conformity if it:
- Corresponds to what you could expect based on the sales agreement
- Is suitable for normal use
- Has the properties promised by the seller
- Meets the claims made in advertisements
Statutory warranty in Leiden
The statutory warranty, also known as the conformity requirement, is separate from any manufacturer's warranty. Even after the manufacturer's warranty has expired, you are entitled in Leiden to a product that remains fit for purpose during a reasonable lifespan.
Expected lifespan of products
The lifespan of a product is determined by:
- The type of product (e.g., a washing machine lasts longer than a cheap pair of headphones)
- The purchase price (higher price often means higher expectations)
- The promises of the seller
- Normal wear and tear from use
Who must prove what?
For defects within 12 months after purchase (since 2022), it is presumed that the problem was already present at delivery. The seller must then prove that the product was in order. After this period, the burden of proof lies with the consumer to show that the defect already existed earlier.
Your rights with a non-conforming product
- Repair or a new product (your choice)
- If this is not possible: price reduction or dissolution of the agreement
- Possibly compensation for incurred damages
Frequently asked questions about conformity in Leiden
What are my rights regarding returns?
For online purchases, you have 14 days to return without reason, except for statutory exceptions.
How long is the statutory warranty valid?
Products must function for at least 2 years. Defects within 6 months are deemed to have been present at purchase.
Can I claim interest on outstanding amounts?
Yes, you are entitled to statutory interest (approximately 8% per year) on the amount due.
What to do about misleading commercial practices?
You can report it to the Consumentenbond, a government authority or take legal action via the court.
What does a credit agreement entail?
A credit agreement specifies how you borrow money, what interest applies and how you repay it.
Legal assistance in Leiden
For legal advice on conformity and warranty, you can go to the Juridisch Loket Leiden at Stationsweg 46. In addition, the District Court of The Hague, Leiden location handles disputes over consumer rights.
Practical questions and answers
What if my new device breaks down within 3 months?
For a defect within 12 months after purchase, it is presumed that the problem already existed at delivery. You are entitled to free repair or a replacement product. If this is not possible, you can demand a price reduction or refund. Contact the seller in writing and keep your proof of purchase.
How long must a product last according to the law?
The statutory warranty stipulates that a product must function for at least 2 years, but this depends on the product, the price and wear and tear. For defects within 6 months, it is assumed that the problem was already present at purchase. After 12 months, you must prove yourself that the defect was not caused by your use.
Can a seller refer me to the manufacturer?
No, the seller is your first point of contact for conformity issues. Even after the manufacturer's warranty expires, the seller remains responsible for repair, replacement or refund, unless they can prove that the defect was caused by your fault.
What if the seller does not cooperate?
Send a written complaint with a deadline (e.g., 14 days) to resolve the issue. If there is no response, you can submit your case to the Disputes Committee or seek legal assistance. The Juridisch Loket Leiden can support you in this. Keep all relevant documents such as receipts and correspondence.
How do I prove that a defect was already present at purchase?
Within 12 months after purchase, you do not need to prove this; the seller must show that the product was in order. After this period, the burden of proof is on you. Collect proof of purchase, photos of the defect and possibly an expert report to substantiate your case.
Will I get my money back if repair is not possible?
Yes, if repair or replacement is not feasible, you are entitled to a price reduction or full refund. Contact the seller and document your request in writing.