Complaint Obligation in Consumer Purchases in Den Haag
As a resident of Den Haag, under the complaint obligation for consumer purchases, you must promptly inspect purchased products for defects and notify the seller. Otherwise, you may lose your right to repair, replacement, or a price reduction. This statutory protection applies to both buyers and sellers and is set out in the Dutch Civil Code, with special relevance for shoppers in the Grote Marktstraat or Den Haag electronics stores.
Why is the complaint obligation important for Den Haag residents?
The complaint obligation enables sellers in Den Haag to address product issues right away, such as a faulty washing machine from a local store. This helps prevent damage from escalating. For you as a consumer, prompt action is crucial to avoid losing your rights. This article explains the rules for private purchases, building on our overview of the general complaint obligation.
Statutory rules on complaint obligation for consumer purchases
The complaint obligation for consumer purchases is regulated in BW Book 7, Title 3, particularly Articles 7:17 to 7:24 BW for movables bought by consumers.
- Art. 7:17 BW: Inspect the goods reasonably promptly and notify the seller of defects without delay.
- Art. 7:23(2) BW: In consumer purchases, the seller may only object to late notification after two months post-delivery, a benefit for Den Haag buyers.
- Art. 7:21 BW: Notify of non-conformity to claim repair or replacement.
The Supreme Court (e.g., ECLI:NL:HR:2018:123) equates 'without delay' with days to weeks. The District Court of Den Haag applies these rules strictly.
When must you complain as a consumer in Den Haag?
For consumer purchases – such as buying a TV from a Den Haag webshop or physical store – the deadlines are more lenient than for business buyers.
- Inspection: Check immediately after delivery, or soon after for complex items like laptops.
- Notification: Without delay upon discovery, with a two-month grace period for consumers.
- Exceptions: Address visible issues immediately; hidden defects upon discovery.
| Situation | Inspection Period | Notification Period |
|---|---|---|
| Visible defect upon delivery | Immediately upon delivery | Without delay (within days) |
| Hidden defect | As soon as reasonably expected | Without delay after discovery (max 2 months after delivery) |
| Professional buyer vs consumer | Stricter for professionals | Consumer: 2-month grace period |
Examples of complaint obligation for Den Haag shoppers
You buy a fridge from an electronics store on Fahrenheitstraat. It leaks after a week. Call immediately: complaint obligation satisfied, free repair under Art. 7:21 BW.
Example 2: A dress from the city center with a loose seam after three weeks. Discovered on day 25, notify right away: timely within two months.
Example 3: Smartphone with a bug after three months. Notify without delay upon discovery, within the two-year limitation period (Art. 7:23(1) BW). Do not delay inspection.
Mistake: Complaint about a scratch on a bike after six months at a Den Haag bike shop. Seller may reject unless defect arose later.
Your rights and obligations in Den Haag
Consumer rights:
- Free repair, replacement, price reduction, or contract rescission (Art. 7:21 BW).
- Reversal of burden of proof within six months (Art. 7:18(2) BW).
- Damages claim if seller at fault.
Obligations:
- Inspect and notify promptly.
- Do not use defective item (Art. 7:20 BW).
- Give seller chance to remedy.
Seller ignores you? Seek advice from Juridisch Loket Den Haag, send a registered letter, or approach the Disputes Committee or sub-district court at the District Court of Den Haag.
Frequently asked questions about complaint obligation for consumer purchases
What if I complain too late in a consumer purchase?
You lose remedies unless the seller knew or it was within two months. Proof weighs heavily at the District Court of Den Haag.
Does this apply to online purchases too?
Yes, for Den Haag webshops (Art. 6:230m BW). Notify during return period or under complaint obligation.
Must I notify defects in writing?
Not required, but we recommend email or registered mail for proof, especially with local stores.
What about second-hand items?
Second-hand items have shorter expectations for defects; consult Juridisch Loket Den Haag for tailored advice.