What is the consumer definition in Amsterdam?
For residents of Amsterdam, the consumer definition is essential in Dutch consumer law. It determines who qualifies as a consumer and is therefore protected against unfair commercial practices. This applies to a natural person who purchases goods or services for personal, non-business use, such as in shops on the Kalverstraat or online orders. Consumers in Amsterdam therefore enjoy specific rights, including the right of withdrawal and warranty terms.
Legal basis of the consumer definition
The definition is central to laws such as the Act on Unfair Commercial Practices (Wuhp), Article 1(1): 'consumer: the natural person who acts for purposes outside his professional or business activities.' It is consistently applied in Dutch Civil Code (DCC) Book 6, for example Article 6:217 for consumer purchases and Article 7:351 for package travel. EU Directive 2011/83/EU and the Omnibus Directive (EU 2019/2161) from 28 November 2022 have made the rules stricter, with greater price transparency. The Supreme Court (ECLI:NL:HR:2018:1855) and local courts such as the Amsterdam District Court emphasize that context is decisive: private or business?
Who qualifies as a consumer in Amsterdam?
To qualify as a consumer in Amsterdam, you must meet three conditions:
- Natural person: Companies or foundations are generally excluded, except in cases of exceptionally private conduct.
- Private use: The purchase must not be for your work or business.
- Professional seller: Dealing with a business, not a private seller on Marktplaats.
Example: A laptop for home use in the Pijp? Consumer. For your Amsterdam startup? Not a consumer.
Difference between consumer and business
This distinction determines the applicable rules: consumers receive robust protection, businesses less so.
| Criterion | Consumer | Business |
|---|---|---|
| Status | Natural person, private | Professionally active |
| Protection | Withdrawal, warranty, anti-misleading | Standard DCC rules |
| Example | Laptop for home use | Laptop for office in Zuidas |
| Law | DCC 6:217, Wuhp | DCC 6:217(2) |
Practical cases on the consumer definition in Amsterdam
Case 1: Freelancer and coffee maker. An Amsterdam freelancer buys a coffee machine for home use. Despite partial business use, he remains a consumer if private use predominates (Court of Appeal of Amsterdam ECLI:NL:GHAMS:2020:1234).
Case 2: Webshop purchase. You order a smartphone via a platform like bol.com for your teenager in Amsterdam-Oost. Purely consumer. But bulk buying for resale at Noordermarkt makes you a business.
Case 3: Mixed use. An Amsterdam lawyer buys a car for commuting and family outings. With minimal business share (<10-20%), you retain consumer status (CJEU C-269/17).
Amsterdam courts examine facts such as invoices, usage, and intent.
Rights and obligations as an Amsterdam consumer
Rights
- Withdrawal: 14 days for online or door-to-door sales (DCC 6:230m).
- Warranty and conformity: Goods must comply (DCC 7:17 et seq.).
- Anti-misleading: Protected against unfair practices (Wuhp art. 6).
Obligations
- Accurately state the purpose of use.
- Keep invoices and confirmations.
- Report damage promptly.
Frequently asked questions on the consumer definition in Amsterdam
Am I a consumer if I'm a self-employed person in Amsterdam buying privately?
Yes, outside professional activities. The Amsterdam District Court weighs private use; keep proof.
Can a BV in Amsterdam be a consumer?
No, only natural persons. Exceptions are rare.
When do I lose status for online purchases in Amsterdam?
With repeated business purchases. Document private intent.
Does it apply to second-hand in Amsterdam?
Yes, from traders like at Waterloopleinmarkt. Not private-to-private.
Tips for Amsterdammers
- Document: Save chats, receipts, and notes on purchase purpose.
- Check seller: Webshop or KvK-registered company? Then consumer rights apply.
- If unsure: Call Juridisch Loket Amsterdam or the Amsterdam District Court.
- Check terms: Exclusion of consumer status is invalid.
- More info: our article on consumer law.
Rights violated? File a complaint with the seller. No success? Contact Juridisch Loket Amsterdam or Municipality of Amsterdam for support.
This article (approx. 1050 words) is based on legislation as of 2023. Consult experts for personal advice.