In a consumer purchase in Leiden, an individual buys a product from a professional seller. The law provides extra protection to consumers, such as the right to warranty and a product that meets expectations.
When is There a Consumer Purchase?
According to Article 7:5 of the Dutch Civil Code, there is a consumer purchase if:
- The buyer is a natural person (not a business)
- The purchase is for personal purposes
- The seller acts from a professional business
Special Protection for Consumers
Consumers in Leiden enjoy specific rights:
- Statutory conformity guarantee
- Burden of proof lies with the seller for the first 12 months (previously 6 months)
- Unreasonable conditions in contracts can be annulled
- Right to repair or replacement in case of defects
No Consumer Purchase
If the purchase takes place between two private individuals or between businesses, the extra consumer rights do not apply. In that case, the standard rules for sales agreements from the Dutch Civil Code apply.
Business Purchase for Private Use
If a business in Leiden buys a product for personal use, such as a television for home, this is considered a consumer purchase. The purpose of the purchase is decisive, not the status of the buyer.
Mixed Purposes
For products used both privately and for business, the main purpose determines the classification. A laptop mainly used for private purposes falls under consumer purchase, even if it is occasionally used for work.
Frequently Asked Questions about Consumer Purchases in Leiden
What are my rights regarding returns?
For online purchases, you have a 14-day cooling-off period without giving a reason, except for certain statutory exceptions.
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 delivery.
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 in case of unfair practices by sellers?
You can file a complaint with the Consumers' Association, a government authority, or take legal action via the court.
What does a credit agreement entail?
A credit agreement sets out the conditions under which you borrow money, including interest and repayment.
Contact and Assistance in Leiden
For legal advice on consumer purchases, you can go to the Juridisch Loket Leiden at Stationsweg 46. For disputes, you can file a case at the District Court of The Hague, Leiden location.