Netherlands Consumer Rights

ExpatINFO Holland

Netherlands consumer rights laws provide buyers with certain guarantees and protections whether a product is purchased in a store, online or from a retailer based in another EU country…

Across the European Union, a standard set of guarantees are in place to protect consumers. These cover goods purchased in a face-to-face environment as well as over the internet.

The Netherlands consumer rights laws are therefore harmonized with those of other member states. Both the Dutch government and the European Commission have agencies responsible for monitoring businesses to ensure they are abiding by established regulations.

EUROPEAN CONSUMER PROTECTIONS

In 1999, the European Commission issued Directive 1999/44/EC, which was later replaced by Directive (EU) 2019/771 in 2019 regarding the sale of consumer goods in the European Union and the guarantees which sellers are required to meet.

Some key protections introduced by the directive include:

• The seller is responsible to the purchaser when there is a lack of conformity at the point the product is delivered. In this case, the seller is responsible to bring the into conformity either by repairing or replacing the product.

• A consumer has two years from the point of purchase to notify the seller about a lack of conformity. For example, the condition of the product after a certain amount of use does not conform to the quality that would generally be expected for such a product. The seller is responsible for bringing the ‘defective’ product to the expected level of conformity.

• In general terms, the directive laid out that it is the seller who is responsible when there is a lack of conformity, and the seller who must rectify the situation. The seller cannot ‘pass the blame’ by referring the consumer directly to the manufacturer for a lack of conformity issue (rather than a warranty issue).

• When a product ‘guarantee’ (warranty) is offered, it must be stated in clear language along with the manner in which a claim needs to be submitted and the name/address of the guarantor (i.e. usually the manufacturer vs. the seller).

• The term limit for a warranty can be greater than two years but never less.

The companion Directive (EU) 2019/770 lays out guaranteed protections for EU consumers as it relates to the purchase of digital services.

EU CONSUMER PROTECTION AGENCY

The European Consumer Centre Network (ECC-Net) is an independent public service organization for consumers in the EU with representation in each member state.

NETHERLANDS CONSUMER RIGHTS

ECC NEDERLAND is the local ECC branch in the Netherlands. The website provides clear information, in English, about the rights of consumers in the EU (including Dutch consumers), whether the buyer is purchasing in a store, buying off-premises or buying over the internet.

In addition, the organization acts as an intermediary when a disagreement arises between a buyer in the Netherlands and a seller in another EU member state, Norway or Iceland, which remains unresolved.

The ECC Nederland website answers questions commonly asked by consumers, such as What information does the seller have to supply in-store? Who is responsible for a product bought online? When does the purchaser have a right to a warranty? In which circumstances can a contract be cancelled due to a faulty product?

OTHER DUTCH CONSUMER RIGHTS ORGANIZATIONS

CONSUMENTENBOND: This is the Dutch consumer rights agency. It provides detailed information about consumer rights in the Netherlands, gives suggestions on ways to resolve an issue with a seller and offers services such as mediation if attempts to reach an agreement has not been successful.

DE GESCHILLENCOMMISSIE: This is the Dutch complaints board where a customer can file a grievance against a company located in the Netherlands.

AUTHORITEIT CONSUMENT & MARKT: The ACM protects the interest of consumers in the Netherlands by ensuring fair business competition within specific industries.

NEDERLANDSE VOEDSEL en WARENAUTORITEIT: The Dutch Food and Consumer Product Safety Authority is an agency within the Ministry of Agriculture, Nature & Food Quality and responsible for issuing consumer alerts about unsafe products.