Consumer law provides protection to buyers in transactions with businesses. It includes rules on defective products, misleading advertisements, and unfair contract terms. As a consumer in Leiden, you have more rights than you might think.
Who is a consumer?
A consumer is an individual who purchases goods or services for personal use, not for business purposes. Only in this capacity do you enjoy the specific protection of consumer law.
Reasons for consumer protection
Legislation protects consumers for the following reasons:
- Businesses often have more expertise and resources
- Consumers are usually in a weaker position during negotiations
- Products are becoming increasingly complex
- It is difficult for individuals to enforce their rights
Key legislation
- Civil Code Book 7 - Regulates consumer sales, warranties, and product conformity
- Unfair Commercial Practices Act - Prohibits misleading and aggressive sales methods
- Distance Selling Act - Provides a right of withdrawal for online orders
- Consumer Credit Act - Protects in cases of loans and installment payments
European influence
A large part of consumer law is based on EU legislation. These directives guarantee a basic level of protection in all member states. The Netherlands may introduce stricter rules but may not go below this minimum level.
Inalienable rights
Many consumer rights are of a mandatory nature. This means that businesses may not deviate from these rules to your disadvantage. If contract terms conflict with consumer law, they are invalid.
Frequently asked questions about consumer rights in Leiden
What are my return rights?
For purchases made online, you have 14 days to return without reason, except for certain exceptions under the law.
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 unpaid amounts.
What to do in case of unfair practices?
You can file a complaint with organizations such as the Consumers' Association, the government, or initiate proceedings at the District Court of The Hague, Leiden location.
What does a credit agreement entail?
A credit agreement specifies how you borrow money, what interest applies, and how repayment proceeds.
Help in Leiden
Do you have legal questions about consumer rights? Visit the Juridisch Loket Leiden at Stationsweg 46 for free advice. For court cases, you can go to the District Court of The Hague, Leiden location.
Practical questions about consumer rights
When am I entitled to consumer protection?
These rights apply when you, as a private individual, purchase something for personal use from a business. Business purchases fall under other rules of the Civil Code. For online purchases, you usually benefit from consumer protection, even if you later use it for business purposes. Unsure? Check if you are acting as a consumer.
What if my purchase becomes defective within 6 months?
If a defect occurs within six months of purchase, it is assumed that the product was already faulty. You are entitled to repair, replacement, or refund. Keep your proof of purchase handy and report the problem immediately. In case of disagreement, contact the ACM or a dispute committee.
Can a webshop adjust my shopping cart?
No, a webshop may not remove products from your shopping cart without reason. This may be considered unfair. They may indicate that something is out of stock before you order. If in doubt, take a screenshot and contact the store or the Consumers' Association.
How does the 14-day cooling-off period work?
For online purchases, you have 14 days to return without giving a reason, starting from the day after receipt. The product must be in its original condition. Exceptions apply to, for example, perishable products or custom-made goods. Always check the return policy and keep your shipping proof.
What are unfair terms?
Unfair terms disproportionately disadvantage consumers, such as extremely long delivery times or ignoring statutory rights. These are invalid. Report them to the ACM or have them reviewed by the Juridisch Loket Leiden.