Complaint Obligation in Consumer Purchases in Rotterdam

Complaint Obligation in Consumer Purchases in Rotterdam

As a Rotterdam resident, under the consumer purchase complaint obligation, you must promptly inspect a purchased product for defects and notify the seller. Failure to do so risks forfeiting rights such as repair, replacement, or price reduction. This Civil Code provision protects both you as the buyer and the Rotterdam seller.

Why is the complaint obligation important for Rotterdam residents?

The complaint obligation enables sellers in Rotterdam, such as shops in the city center or Alexandrium, to address product issues quickly. This prevents damage escalation and allows immediate solutions. For Rotterdam residents, it is essential to act within the deadlines to avoid sellers invoking prescription. This article covers the rules for consumer purchases, supplementing our guide on the general complaint obligation.

Legal basis for complaint obligation in consumer purchases

The consumer purchase complaint obligation is set out in the Dutch Civil Code (DCC) Book 7, Title 3, particularly the articles on sales of movables to consumers (Articles 7:17 to 7:24 DCC).

• Art. 7:17 DCC: General duty to inspect as soon as reasonably expected and notify defects to the seller without delay.
• Art. 7:23(2) DCC: In consumer sales, a seller may only claim late notice after two months from delivery, providing extra protection for Rotterdam residents.
• Art. 7:21 DCC: Notify the defect to demand performance, such as repair or replacement.

This consumer protection requires proactive action. Supreme Court rulings, such as ECLI:NL:HR:2018:123, hold that 'without delay' typically means days to weeks, depending on the circumstances.

When must you file a complaint in Rotterdam as a consumer?

In consumer purchases – sales of movables such as a washing machine or phone by a private Rotterdam resident to a professional seller – a more generous deadline applies than in commercial deals.

1. Inspection period: Check upon delivery or shortly after; for complex electronics from Rotterdam shops, slightly longer.
2. Notification period: Without delay after discovery, with a two-month grace period for consumers from delivery.
3. Exceptions: Visible defects immediately; hidden defects upon discovery.

Practical examples of complaint obligation in Rotterdam

You buy a refrigerator from an electronics store on Coolsingel. After a week, it leaks: call immediately to meet the complaint obligation, and the store will repair it free of charge (Art. 7:21 DCC).

Example 2: A dress from a Lijnbaan boutique tears after three weeks. Discovered on day 25 and reported immediately: timely, within two months.

Example 3: Software glitch in a smartphone after three months from a store in Rotterdam-South. Notify without delay after discovery, within two-year prescription (Art. 7:23(1) DCC), but inspect promptly.

Mistake: Complaint about a scratch on a new bike after six months at a Rotterdam bike shop. Seller may invoke late notice unless you prove it arose later.

Rights and duties under complaint obligation in Rotterdam

Rights as a Rotterdam consumer:

• Free repair, replacement, discount, or contract rescission (Art. 7:21 DCC).
• Reversal of burden of proof in first six months (Art. 7:18(2) DCC).
• Damages for seller's negligence.

Duties:

• Inspect and notify in time.
• Do not continue using damaged product (Art. 7:20 DCC).
• Give seller opportunity to repair.

If the seller does not cooperate? Send a registered letter, contact the Juridisch Loket Rotterdam, or go to the Rechtbank Rotterdam.

Frequently asked questions about complaint obligation in consumer purchases