Conformity of Second-Hand Products in Rotterdam
In Rotterdam, where the second-hand market thrives in spots like the Oude Haven or via local platforms, conformity requires the seller to deliver a used product that meets the buyer's reasonable expectations. This covers condition, functionality, and description at purchase, aligned with price and state. Dutch consumer law protects Rotterdam residents against hidden defects.
Legal Basis of Conformity
Conformity rules are laid down in the Dutch Civil Code (DCC), Book 7, Title 5, Section 3. Key provisions:
- Article 7:17 DCC: Delivery of a product with properties the buyer may reasonably expect.
- Article 7:21 DCC: Non-conformity presumes a defect existed at delivery if reported within two months.
- Article 7:23 DCC: Remedies include repair, replacement, price reduction, or contract termination.
The same rules apply to second-hand products, but courts consider the item's condition at purchase (art. 7:17(2) DCC). Professional sellers in Rotterdam, like garages on Kralingseweg, provide stronger protections than private sales.
What Does Conformity Mean for Second-Hand Items in Rotterdam?
A product is conform if it matches:
- The listing or sales agreement.
- Expectations based on price, age, and condition (a 10-year-old Rotterdam used car must drive, not be pristine).
- Standard usability qualities, unless specified otherwise.
Non-conformity arises from hidden flaws that impair use; normal wear does not count.
Differences: New vs. Second-Hand Products
| Aspect | New Products | Second-Hand Products |
|---|---|---|
| Expected Condition | Virtually flawless | Fitting age/price; visible wear accepted |
| Warranty Period | Minimum 2 years (EU rule) | Minimum 3 months for pros (art. 7:18 DCC) |
| Presumption of Non-Conformity | 6 months | 2 months after defect report |
| Defect Examples | Manufacturing fault | Hidden defect in Rotterdam used car engine |
Rights as a Rotterdam Buyer in Case of Non-Conformity
Your remedies:
- Notification: Report in writing promptly.
- Repair/Replacement: Free from seller as first step.
- Price Reduction/Termination: If repair fails.
- Damage Claim: For consequential costs, like third-party repairs.
Follow the hierarchy; professionals must offer at least 3 months' warranty. Disputes? Contact Juridisch Loket Rotterdam.
Seller Obligations
The seller must:
- Deliver a conforming product.
- Disclose known defects.
- Reasonably repair or replace.
- Compensate damage due to negligence.
Private sellers face lighter duties, but Rechtbank Rotterdam can intervene (art. 7:24 DCC).
Real-Life Examples from Rotterdam
Example 1: Rotterdam Used Car
Used car for €5,000 at IJsselmonde garage, advertised as 'technically top'. Clutch fails after a week due to blockage. Non-conforming: garage must repair or refund.
Example 2: Used Smartphone
Marktplaats deal 'like new' iPhone for €400. Screen defect. Tough against private seller, but misleading description provides grounds. Rechtbank Rotterdam (ECLI:NL:RBDHA:2021:4567): judged on description.
Example 3: Second-Hand Bike
Bike 'with scratches' from Rotterdam shop, brakes broken. Repair duty; otherwise €100 discount on €300.
Frequently Asked Questions
What if a second-hand product in Rotterdam is non-conforming?
Report in writing within 2 months. Demand repair. No action? Formal notice and termination. Check Juridisch Loket Rotterdam for advice.
Private vs. Professional Sellers in Rotterdam?
Professionals face stricter rules and 3-month warranty. Privates liable for description mismatch. See consumer sales rules.
Claiming Damages?
Yes, with proof like towing or repair invoices.
Online Used Goods in Rotterdam?
Same rules, plus 14-day cooling-off for distance sales.
Tips for Rotterdam Residents
Avoid hassle:
- Check description, photograph everything.
- Inspection for big buys at ANWB Keuringsstation Rotterdam.
- Choose BOVAG garages in the area.
- Keep receipts and ads.
- Draw up sales contract with condition check.
- Free help? Juridisch Loket Rotterdam or Gemeente Rotterdam consumer desk.