Conformity of Second-Hand Products in Den Haag
In Den Haag, conformity of second-hand products refers to the seller's obligation to deliver a used item that meets what residents can reasonably expect. This covers the condition, functionality, and description at the time of purchase, tailored to the price and agreed condition. Consumer law in the area protects Den Haag residents against hidden defects, particularly in local purchases such as used cars from garages in the Schilderswijk or Scheveningen.
Legal Basis of Conformity
The conformity rules are set out in the Dutch Civil Code (BW), Book 7, Title 5, Section 3. Key provisions include:
- Article 7:17 BW: The seller must deliver a product that complies with the sales agreement, with characteristics that the buyer in Den Haag may expect.
- Article 7:21 BW: In cases of non-conformity, there is a presumption that the defect existed at delivery if reported to the seller within two months.
- Article 7:23 BW: You can demand repair, replacement, price reduction, or contract rescission, depending on the severity.
The same rules apply to second-hand products, but judges at the Den Haag District Court take into account the age and condition (art. 7:17(2) BW). Professional sellers such as Den Haag webshops or car garages provide greater protection than private sales via platforms.
What Does Conformity Mean for Second-Hand Items?
A product is conforming if it matches:
- The advertisement or sales agreement.
- Expectations based on price, age, and condition (e.g., a 10-year-old used car from Den Haag does not need to be like new but must drive reliably).
- Standard qualities for normal use, unless otherwise specified.
Non-conformity arises from hidden defects that impair normal use. Normal wear and tear consistent with usage is excluded.
Differences: New vs. Second-Hand Products
| Aspect | New Products | Second-Hand Products |
|---|---|---|
| Expected Condition | Essentially flawless | Appropriate to age and price; visible signs of use accepted |
| Warranty Period | Minimum 2 years under EU rules | Minimum 3 months from professionals (art. 7:18 BW) |
| Presumption of Non-Conformity | 6 months | 2 months after defect reported |
| Examples of Defect | Manufacturing fault | Hidden issue in Den Haag used car |
Buyer Rights in Case of Non-Conformity in Den Haag
As a consumer in Den Haag, you have:
- Report: Notify the defect in writing as soon as possible.
- Repair/Replacement: Priority option, free of charge by the seller.
- Price Reduction/Rescission: If repair fails.
- Damage Claim: For consequential costs, such as repairs elsewhere.
Follow the hierarchy: start with repair. Benefit from the minimum 3-month warranty from professional sellers in Den Haag. For disputes: contact the Juridisch Loket Den Haag.
Seller Obligations
Sellers must:
- Deliver a conforming product.
- Disclose known defects.
- Perform repairs within a reasonable time.
- Be liable for non-compliance.
Private sellers have lighter obligations, but in disputes, you can go to the Den Haag District Court (art. 7:24 BW).
Practical Examples from Den Haag
Example 1: Used Car
You buy a used car for €5,000 from a garage in the Binckhorst, described as 'technically top'. Clutch fails after a week due to hidden defect. Non-conformity: garage repairs. Refusal? Rescind via Den Haag District Court and get your money back.
Example 2: Used Smartphone
Via Marktplaats, a 'like new' iPhone for €400 from a private seller in Den Haag. Screen defect. Rescission difficult, but if description mismatch: litigate. Ruling by Den Haag District Court (ECLI:NL:RBDHA:2021:4567): assessed based on description.
Example 3: Used Bicycle
Bicycle with 'minor scratches' from a Den Haag shop, but brakes broken. Shop repairs or reduces price by €100 on €300.
Frequently Asked Questions
What to Do in Case of Non-Conformity with Second-Hand Product in Den Haag?
Report in writing within 2 months. Demand repair. No response? Notice of default, then rescission. Call Juridisch Loket Den Haag for advice.
Difference Between Private and Professional Sellers in the Area?
Yes, Den Haag professionals are held to stricter standards with 3-month warranty. Private sellers only liable for false descriptions.
Can I Claim Damages?
Yes, with proof such as repair invoices or towing costs.
Does It Apply to Online Used Goods?
Yes, plus 14-day cooling-off period for distance sales.
Tips for Den Haag Residents
Avoid hassle:
- Check description and take photos.
- Get an inspection for expensive purchases via local ANWB or Den Haag garage.
- Choose BOVAG members in Den Haag.
- Keep invoices and advertisements.
- Make a sales agreement specifying condition.
- Consult Gemeente Den Haag or Juridisch Loket Den Haag if in doubt.