Consumer Sale in Den Haag: Rights and Obligations
Consumer sale involves the purchase of movable property, such as a smartphone or sofa, by a Den Haag resident from a professional seller. Unlike private transactions on platforms like Marktplaats between individuals, as a Den Haag resident you benefit from extra protection. This includes rules on non-conformity, warranty, and repair rights, as laid down in the Dutch Civil Code (DCC). These apply exclusively to purchases by private consumers from businesses.
What does a consumer sale mean in Den Haag?
In a consumer sale, a consumer – you as a private buyer from Den Haag, not acting in your professional capacity – purchases tangible movable property from a seller, such as a shop in the city centre, an online store, or a garage on Binckhorstlaan. Movable property includes physical products like a laptop, used car, or furniture. Services, real estate, or purely digital content are excluded.
Important: Purchases between two Den Haag private individuals are subject to less stringent rules. Consumer sales provide stronger safeguards, such as a longer period during which the seller must prove defects were not present at delivery.
Legal rules for consumer sales
The provisions are set out in Book 7, Title 7.1 of the Dutch Civil Code (DCC) (arts. 7:1 to 7:85). Key articles:
- Art. 7:17 DCC: The seller must deliver a product in conformity that meets your reasonable expectations regarding quality and use.
- Art. 7:18 DCC: In the first six months, the seller must prove that defects were not present at delivery.
- Art. 7:19 DCC: Remedies for non-conformity: repair, replacement, price reduction, or contract dissolution.
- Art. 7:23 DCC: Two-year limitation period for claims.
For distance sales, such as from a Den Haag online shop, additional rules apply under Book 6, Title 3.5.1 DCC (art. 6:230m et seq.), including a 14-day right of withdrawal. General protections under Book 6, Title 3 DCC.
Your rights as a consumer in Den Haag
If a product is faulty – non-conformity, meaning it does not match the description, price, or intended use – your rights take centre stage.
What can you demand for defects?
- Performance: Free repair or replacement (art. 7:19 DCC).
- Price reduction or contract dissolution with refund.
- Damages for consequential costs.
Example: You buy a washing machine for €600 from an electronics store in Grote Marktstraat. After three months, it leaks. The seller repairs it free of charge, or you hire a technician and claim the costs. In case of issues: contact Juridisch Loket Den Haag.
For online purchases: 14-day right of withdrawal (art. 6:230o DCC).
Seller's obligations
The seller is required to:
- Deliver a product in conformity.
- Disclose known defects (art. 7:17(2) DCC).
- Repair within a reasonable time.
- Provide a statutory warranty of two years.
Manufacturer's warranty is additional and not mandatory.
Differences: consumer sale vs. business purchase
Overview in table:
| Aspect | Consumer sale | Business purchase |
|---|---|---|
| Burden of proof for defect (first 6 months) | On seller (art. 7:18(2) DCC) | On buyer |
| Limitation period | 2 years (art. 7:23 DCC) | Often shorter, depending on contract |
| Right of withdrawal | Yes, 14 days for distance sales | No |
| Reasonable expectations | Extensively protected | Limited |
Practical examples for Den Haag
Example 1: Used car
You buy a used car from a Den Haag garage. Engine trouble after two months: within six months, the garage must prove it was not a manufacturing defect, or repair free of charge.
Example 2: Online dress from Den Haag shop
Colour differs. Return within 14 days; keep proof of shipment.
Example 3: Laptop fails after 8 months
You must prove the defect existed at delivery: use receipt, photos, and possibly expert opinion via Rechtbank Den Haag.
Frequently asked questions about consumer sales
Do I need to report defects immediately?
Yes, within a reasonable time after discovery (art. 7:23 DCC), often two months. In writing, for proof. Seek advice from Juridisch Loket Den Haag.
Bankrupt seller?
Approach the warranty provider or your legal assistance insurance. Check quality marks; for disputes, go to Rechtbank Den Haag.
Does it apply to second-hand items?
Yes, but lower expectations for used goods (art. 7:17(2) DCC).
Purchase via Marktplaats from Den Haag business?
Yes, check KvK registration; then it's a consumer sale.
Tips for Den Haag residents
Avoid hassle:
- Keep receipt and packaging.
- Photograph defects with dates.
- Choose Den Haag sellers with quality marks.
- Seek free help from Juridisch Loket Den Haag or Gemeente Den Haag.
- For proceedings: Rechtbank Den Haag.