If a product is defective and repair is not feasible or unreasonable, you have the right in Leiden to a new copy. The seller is obliged to replace the defective item with a new product without additional costs.
When Are You Entitled to Replacement?
You can claim replacement in the following situations:
- Repair is not feasible
- Repair takes too long
- The repair costs are too high for the seller
- A previous repair attempt has failed
- You prefer replacement and this is reasonable
A New Copy
You are entitled to a brand new product of the same model. A refurbished or repaired item is not permitted, unless you agree to it.
Product No Longer Available
If the original product is no longer available, the seller may offer an equivalent alternative. If you do not agree, you can terminate the agreement and request a refund.
No Additional Costs
Replacement must take place free of charge. The seller may not charge costs for:
- The new item
- Shipping costs
- Installation (if this also applied to the original purchase)
- Disposal of the old product
Use Compensation Not Permitted
The seller may not demand compensation for the time you have used the defective product, even if this was several months before the defect occurred.
New Warranty Period
With a replacement product, a new warranty period starts. This means you again have the same rights as with a new purchase.
Frequently Asked Questions about Replacement in Leiden
When can I demand replacement instead of repair?
You can demand replacement if repair is not possible, takes too long, is too expensive for the seller, or if previous repairs were not successful. Also if you choose replacement yourself and this is reasonable, the seller must comply.
May a seller charge costs for replacement?
No, replacement must be completely free. Costs for the product, shipping, installation, or disposal of the old item may not be passed on.
What if the product is no longer in stock?
If the product is no longer available, the seller must offer a comparable item. If you do not agree, you can demand termination of the purchase and get your money back.
Does the warranty start anew with a new product?
Yes, with a replacement product, a new warranty period of at least two years begins, with the same rights as with the first purchase.
Can I choose between repair and replacement?
Yes, you may choose, as long as your preference is reasonable. If replacement is much more expensive, for example, the seller may refuse with proper justification.
For legal support in Leiden, you can go to the Juridisch Loket Leiden (Stationsweg 46) or submit matters to the District Court of The Hague, Leiden location.