Consumer Purchase in Amsterdam: Rights and Obligations
A consumer purchase involves the purchase of movable property, such as a bicycle, smartphone or sofa, by an Amsterdam resident from a professional seller. Unlike private transactions, for example at the Noordermarkt, this provides additional protection, including rules on non-conformity, warranty and repair rights. These are governed by the Dutch Civil Code (DCC) and apply exclusively to consumers like you and businesses acting as sellers. In case of issues, you can turn to the Juridisch Loket Amsterdam for free advice.
What does a consumer purchase mean for Amsterdam buyers?
In a consumer purchase, a consumer – you as a private Amsterdam resident, not acting on behalf of your business – buys a tangible product from a seller, such as a shop on the Kalverstraat, an online store or a garage in West. Movable property includes physical goods like an electric bicycle or dining table, but not services, real estate or purely digital content.
Important: Private sales via Marktplaats without KvK registration offer less protection. A consumer purchase provides Amsterdammers with greater certainty, such as a longer period in which the seller must prove defects were not present at delivery.
Statutory rules for consumer purchases
The provisions are set out in Book 7, Title 7.1 of the Dutch Civil Code (Articles 7:1 to 7:85 DCC). Key articles:
- Art. 7:17 DCC: Seller must deliver a product in conformity that meets reasonable expectations regarding quality and use.
- Art. 7:18 DCC: In the first six months, seller must prove the defect was not present at delivery.
- Art. 7:19 DCC: Remedies for non-conformity: repair, replacement, price reduction or contract termination.
- Art. 7:23 DCC: Two-year limitation period for claims.
For distance sales, popular among Amsterdam online shoppers, 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 under Book 6, Title 3 DCC.
Your rights as an Amsterdam consumer
In cases of non-conformity – where the product fails to match the description, price or Amsterdam standards – you have strong remedies.
What can you demand for defects?
- Performance: Free repair or replacement (Art. 7:19 DCC).
- Price reduction or termination of purchase with refund.
- Damages for consequential costs.
Example: You buy a new bicycle for €800 from a shop on the Nieuwendijk. After two months, brakes fail: repair must be free. No action? Use another Amsterdam bike shop and recover costs via the Amsterdam District Court.
Online purchases? 14-day right of withdrawal (Art. 6:230o DCC).
Sellers' obligations in Amsterdam
Sellers must:
- Deliver a product in conformity.
- Disclose known defects (Art. 7:17(2) DCC).
- Perform within a reasonable time.
- Provide a two-year statutory warranty.
Manufacturer's warranty is a bonus, but not required.
Differences: consumer purchase vs. 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) | Contract-dependent |
| Right of withdrawal | Yes, 14 days for online | No |
| Reasonable expectations | Strongly protected | Limited |
Practical examples for Amsterdammers
Example 1: Used car
Garage in Oud-Zuid sells used vehicles. Engine fails after two months: within six months, garage must prove no manufacturing defect.
Example 2: Online dress from Amsterdam webshop
Wrong colour? Return within 14 days, keep proof of shipment.
Example 3: Laptop fails after 8 months
Provide proof with receipt, photos and report; claim via Juridisch Loket Amsterdam.
FAQs on consumer purchases in Amsterdam
Report defect immediately?
Yes, within a reasonable time, often two months (Art. 7:23 DCC). In writing, for Amsterdam District Court.
Seller bankrupt?
Approach warranty provider or use legal assistance insurance. Check Thuiswinkel Waarborg; advice via Juridisch Loket Amsterdam.
Applies to second-hand goods?
Yes, but lower expectations for wear and tear (Art. 7:17(2) DCC).
Marktplaats business?
Yes if KvK-registered; check via Gemeente Amsterdam or Chamber of Commerce.
Tips for Amsterdammers
Avoid hassle:
- Keep receipt and box.
- Photos and dates of defects.
- Choose certified sellers, such as on the P.C. Hooftstraat.
- Consult Juridisch Loket Amsterdam if in doubt (Linnaeusstraat 360).
- For disputes: summons via Amsterdam District Court.