Product Conformity in Den Haag
In Den Haag, as a consumer, you are protected under Dutch law if a product fails to meet your reasonable expectations. This covers quality, quantity, finish, and information provided by the seller. If the product is defective, you can claim remedies such as repair or a price reduction. This article explains product conformity, your rights, and practical steps for residents of Den Haag.
Legal Basis for Product Conformity
The conformity rules are set out in the Civil Code (CC), Book 7, Title 5, Section 3 (articles 7:17 to 7:23 CC). Since 1 January 2022, they have been strengthened by the Implementation Act on Digital Content and Digital Services, which incorporates EU Directive 2019/771. Sellers in Den Haag must ensure products meet the conformity requirements at the time of delivery.
Key requirements under Article 7:17(1) CC:
- The product matches the description in the sales agreement.
- It is suitable for the usual purposes of similar products.
- It is supplied in the correct quantity, size, and condition.
- It includes necessary accessories and instructions.
- For digital products: updates during the conformity period.
For used goods in Den Haag garages, expectations are lower, but known defects must be disclosed (Article 7:17(3) CC).
Conformity Requirements Explained
These requirements are objective but depend on price, brand, and marketing. A premium laptop must be more robust than a budget model—relevant for purchases in shops around the Spuistraat.
Examples of Requirements
- Normal use: A fridge from a Den Haag electronics store must freeze without defects.
- Specific purpose: A drill for heavy-duty work in the Schilderswijk, as specified, must be fit for that purpose (Article 7:17(1)(b) CC).
- Advertising: Claims in brochures or shop windows in the city centre are taken into account (Article 7:17(2) CC).
Real-Life Examples for Den Haag
Example: You buy a €600 washing machine from a store in the Grote Marktstraat. After a week, it leaks. Non-conformity: not fit for normal use.
Example 2: You order a size M jacket online from a Den Haag webshop but receive size L. Incorrect delivery.
Example 3: A used bike from a dealer in the Fahrenheitstraat with undisclosed brake issues. The seller should have disclosed this.
Your Remedies for Non-Conformity
In case of defects, you choose remedies (Article 7:21 CC), in this order:
- Repair or replacement: At no cost and without significant inconvenience.
- Price reduction.
- Rescission with full refund.
For digital products? The seller fixes it first. Damage claims for intent (Article 7:23 CC). For disputes: sub-district section of the District Court of Den Haag.
Seller's Obligations
Sellers must:
- Fix defects promptly.
- Prove conformity for the first two years (presumption of non-conformity, Article 7:18 CC).
- For online shops: two-year guarantee after delivery.
Time Limits and Prescription
Minimum two years for new goods (Article 7:18 CC); used goods from six months. Complaint within two months of discovery (Article 7:23a CC).
Difference: Conformity vs. Guarantee
Conformity is mandatory; guarantee is extra. Overview:
| Aspect | Product Conformity | Guarantee |
|---|---|---|
| Basis | Statutory (CC art. 7:17 et seq.) | Voluntary, often by brand |
| Duration | 2 years for new, burden of proof on seller | Varies, 2-5 years |
| Conditions | Expected performance | Specific promises |
| Remedies | Repair, replacement etc. | As per terms |
More info? Check our article on Conformity and Guarantee.
Frequently Asked Questions
Complained too late in Den Haag?
Report within two months (Article 7:23a CC), or risk forfeiture. Visit Juridisch Loket Den Haag for help.
Used goods via Marktplaats or local dealer?
Yes, but disclosures required; otherwise two years.
Return immediately?
No, try repair first, except in serious cases.
Foreign webshop?
EU: same rules. Otherwise check. European Consumer Centre can help.
Tips for Residents of Den Haag
Avoid hassle:
- Check reviews and specs at local shops.
- Keep receipts and take photos.
- Send an email with evidence.
- Cross-border? Contact European Consumer Centre.
- Unsure? Go to Juridisch Loket Den Haag or District Court of Den Haag. Free initial advice often available via Municipality of Den Haag.
Related topics: consumer rights, dispute resolution.
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