Consumer Purchase in Rotterdam: Rights and Obligations
Consumer purchase involves the purchase of movable property, such as a smartphone or sofa set, by a consumer from Rotterdam from a professional seller. Unlike private transactions via platforms like Marktplaats between individuals, this provides additional protection. This includes rights for non-conformity, warranty, and repairs, as set out in the Dutch Civil Code (DCC). These rules apply solely to private buyers purchasing from businesses. Residents of Rotterdam can seek free advice from the Juridisch Loket Rotterdam in case of issues.
What does consumer purchase mean for residents of Rotterdam?
In a consumer purchase, a consumer – you as a private resident of Rotterdam, not acting on behalf of your business – buys a tangible product from a seller, such as a store in the Lijnbaan, an online shop, or a garage in IJsselmonde. Movable property includes goods like laptops, cars, or furniture, but not services, real estate, or purely digital content.
Important: Purchases between two private individuals are subject to less stringent rules. Consumer purchase offers greater protection, such as a longer period during which the seller must prove defects were not present at delivery.
Legal rules for consumer purchase
The provisions are found in Book 7, Title 7.1 of the Dutch Civil Code (Articles 7:1 to 7:85 DCC). Key articles:
- Art. 7:17 DCC: The seller must deliver a conforming product that meets reasonable expectations regarding quality and suitability for 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 defects.
For distance sales, such as online orders from Rotterdam, 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 are provided under Book 6, Title 3 DCC.
Your rights as a consumer in Rotterdam
If a product is faulty (non-conformity) – not matching its description, price, or context – your rights take center stage.
What can you demand for defects?
- Performance: Free repair or replacement (Art. 7:19 DCC).
- Price reduction or dissolution with refund.
- Damages for consequential costs.
Example: You buy a washing machine for €600 from an electronics store in Rotterdam. After three months, it leaks. The seller must repair it free of charge. If delayed, you can use a local repair service and claim the costs. For disputes: District Court of Rotterdam.
For online purchases: 14-day right of withdrawal without giving a reason (Art. 6:230o DCC).
Obligations of the seller
The seller is required to:
- Deliver a conforming product.
- Disclose known defects (Art. 7:17(2) DCC).
- Remedy defects within a reasonable time.
- Provide a two-year statutory warranty.
Manufacturer's warranty is additional and not mandatory.
Differences between consumer purchase and business purchase
Overview in table:
| Aspect | Consumer Purchase | 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 | More limited |
Practical examples for Rotterdam
Example 1: Used car
You buy a used car from a garage in Rotterdam-South. After two months, engine trouble: the garage must prove the defect was not present at delivery, or fix it free of charge.
Example 2: Online dress
The color differs from the online order placed from Rotterdam. Return within 14 days; keep the shipping proof.
Example 3: Laptop fails after 8 months
You must prove it: use the receipt, photos, and possibly an inspection via the Municipality of Rotterdam or an expert.
Frequently asked questions about consumer purchase in Rotterdam
Do I need to report defects immediately?
Yes, within a reasonable time after discovery (Art. 7:23 DCC), often two months. Do so in writing for proof. Call Juridisch Loket Rotterdam for assistance.
What if the seller goes bankrupt?
Approach the warranty provider or use legal assistance insurance. Check quality marks; District Court of Rotterdam for claims.
Does this apply to second-hand products?
Yes, but with lower expectations for wear and tear (Art. 7:17(2) DCC).
Purchase via Marktplaats from a Rotterdam business?
Yes, check the Chamber of Commerce registration; then it's a consumer purchase.
Tips for residents of Rotterdam
Avoid hassle:
- Keep receipts and packaging.
- Photograph defects with timestamps.
- Choose stores with quality marks.
- Consult Juridisch Loket Rotterdam if in doubt or the Municipality of Rotterdam for reports.