Product Conformity in Rotterdam
In Rotterdam, the vibrant port city, the same Dutch consumer law on product conformity applies. This principle ensures that products meet the reasonable expectations of Rotterdam residents, including quality, quantity, finish, and seller information. If not, you can claim remedies such as repair or price reduction. This article outlines the rules, your options, and practical steps, with a focus on local resources like the Juridisch Loket Rotterdam.
Legal Basis for Product Conformity
The conformity rules are laid down in the Dutch Civil Code (DCC), Book 7, Title 5, Section 3 (articles 7:17 to 7:23 DCC). Since 1 January 2022, they have been strengthened by the Implementation Act on Digital Content and Services, transposing EU Directive 2019/771. Sellers in Rotterdam must guarantee that products comply with the conformity requirements upon delivery.
Key requirements under art. 7:17(1) DCC:
- The product matches the description in the sales agreement.
- It is fit for the usual purposes of similar products.
- It is supplied in the correct quantity, size, and condition.
- Accessories and instructions are included.
- Updates are provided during the conformity period (especially for digital items).
For used goods in Rotterdam second-hand shops, expectations are lower, but known defects must be disclosed (art. 7:17(3) DCC).
Conformity Requirements Explained
These requirements are objective but depend on price, brand, and marketing. A high-end laptop must be more robust than a budget model—relevant for shoppers in the Koopgoot.
Concrete Examples
- Normal use: A refrigerator from a Rotterdam electronics store must freeze without defects.
- Specific purpose: A sturdy hammer for construction projects in the harbor, if specified, must be suitable (art. 7:17(1)(b) DCC).
- Advertising: Claims on packaging or in flyers at the Lijnbaan are binding (art. 7:17(2) DCC).
Practical Examples from Rotterdam
Example: You buy a €600 washing machine from a store in Rotterdam-Centre. After a week, it leaks and cleans poorly. Non-conformity: unfit for normal use.
Example 2: Ordered a size 38 dress online from a boutique in the Meent, but received size 40. Incorrect delivery.
Example 3: Used car with undisclosed rust from a garage in Rotterdam-South. The seller was required to disclose it.
Your Remedies for Non-Conformity
In case of defects, you can choose from the following options (art. 7:21 DCC):
- Repair or replacement: At no cost and without significant inconvenience.
- Price reduction.
- Rescission with refund.
For digital products, the seller must remedy it first. Damages may be claimed in cases of intent (art. 7:23 DCC). For disputes in Rotterdam: start at the Juridisch Loket Rotterdam and escalate to the District Court of Rotterdam if needed.
Obligations of Rotterdam Sellers
They must:
- Remedy defects promptly.
- Prove compliance in the first two years (presumption of non-conformity for up to two years after discovery, art. 7:18 DCC).
- For online shops: two-year guarantee after delivery.
Time Limits and Prescription
Minimum two years for new products (art. 7:18 DCC). For used goods: shorter periods can be agreed, but not less than six months. Lodge complaints within two months of discovery (art. 7:23a DCC), or risk losing your rights.
Difference: Conformity vs. Warranty
Conformity is mandated by law; warranty is additional. Overview:
| Aspect | Product Conformity | Warranty |
|---|---|---|
| Basis | Statutory (DCC art. 7:17 et seq.) | Voluntary, usually from manufacturer |
| Duration | 2 years (new), burden of proof on seller | Varies, often 2-5 years |
| Conditions | Expected performance | Specific promises |
| Remedies | Repair, replacement, etc. | As per terms |
More info? See our article on Conformity and Warranty.
Frequently Asked Questions
Complained too late about a product?
Report within two months of discovery (art. 7:23a DCC), or you may lose rights unless the seller knew.
Does it apply to second-hand goods in Rotterdam?
Yes, with lower standards, but known defects must be disclosed; otherwise, two years applies.
Can you rescind immediately?
No, attempt repair first. Exception for major issues.
Online purchase from abroad?
EU: same rules apply. Outside EU: check terms. Local help via Municipality of Rotterdam or ECC.
Tips for Rotterdam Residents
Avoid hassle:
- Check reviews and specs before buying in the city.
- Keep receipts and photos.
- Complain in writing with evidence.
- Cross-border? Contact the European Consumer Centre.
- Unsure? Visit the Juridisch Loket Rotterdam for free advice, or the District Court of Rotterdam for proceedings.
Related topics: consumer rights in the region.