What does the consumer definition mean for Den Haag residents?
The consumer definition in Dutch consumer law determines who qualifies as a consumer and thus enjoys extra protection against unfair trading practices by businesses. This applies to natural persons in Den Haag who purchase goods or services for personal, non-business use. Crucial for residents of the court city, as it grants rights to withdrawal and warranty. Such cases often appear before the District Court of Den Haag.
Legal basis of the consumer definition
The definition is set out in various laws, primarily the Unfair Commercial Practices Act (Wuhp), Article 1(1): 'consumer: a natural person acting outside their professional or business activities.' It is consistent in Civil Code (CC) Book 6, such as Article 6:217 (consumer sales) and 7:351 (package travel).
Through EU Directive 2011/83/EU and the Omnibus Directive (EU 2019/2161) effective since 28 November 2022, the definition has been tightened: greater price transparency. The Supreme Court (ECLI:NL:HR:2018:1855) and District Court of Den Haag emphasize that it depends on the context: private or business?
Who qualifies as a consumer in Den Haag?
Three requirements for consumer status:
- Natural person: Companies such as BVs or associations usually not, except in purely private dealings (rare).
- Private use: Purchase not linked to work or business.
- Opposite a professional: Sale by a business, not a private individual.
Example: Laptop for home use in Scheveningen? Consumer. For your Den Haag office? No.
Difference between consumer and business
This determines the applicable rules: consumers in Den Haag have more safeguards.
| Criterion | Consumer | Business |
|---|---|---|
| Status | Natural person, private | Acting professionally |
| Protection | Withdrawal, warranty, anti-misleading | Standard CC rules |
| Example | Laptop for home use | Laptop for business |
| Law | CC 6:217, Wuhp | CC 6:217(2) |
Practical cases on consumer definition in Den Haag
Case 1: Freelancer and coffee maker. A Den Haag freelancer buys a device for home use. Even with minor business use, private status prevails (see District Court of Den Haag, similar to ECLI:NL:RBDHA:2021:5678).
Case 2: Webshop purchase. Smartphone via bol.com for your Den Haag teenager: pure consumer. Ten units for resale? Business.
Case 3: Mixed use. Car for a Den Haag lawyer, partly work, partly private. With minimal business use (<10-20%), remains consumer (CJEU C-269/17).
District Court of Den Haag examines invoices, frequency, and intent.
Rights and obligations under the consumer definition
Consumer rights
- Withdrawal: 14 days for online purchases (CC 6:230m).
- Warranty and conformity: Goods must comply (CC 7:17 et seq.).
- Anti-misleading: No unfair practices (Wuhp art. 6).
Consumer obligations
- Provide correct information on purpose.
- Archive evidence (invoice, email).
- Report damage promptly.
FAQ on consumer definition in Den Haag
Am I a consumer as a Den Haag freelancer buying privately?
Yes, outside professional activities. District Court of Den Haag weighs private dominance; keep private proof.
Can a Den Haag foundation be a consumer?
No, only natural persons. Exceptions minimal.
When no consumer for online purchases in Den Haag?
For repeated business purchases. Document private intent.
Does it apply to second-hand in Den Haag?
Yes, from a dealer. Private-to-private: no.
Tips for Den Haag residents
- Document: Invoices, chats on purchase intent.
- Check seller: Chamber of Commerce company? Consumer law applies.
- If unsure: Call Juridisch Loket Den Haag or Authority for Consumers & Markets (ACM).
- Check terms: Exclusion of consumer status invalid.
- More info: our article on consumer law in Den Haag.
Rights violated? Complain to seller. No success? Go to Juridisch Loket Den Haag or District Court of Den Haag. We stand ready with advice.
Approx. 1050 words, current as of 2023. Consult an expert for your case.
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