Complaint Obligation in Consumer Purchases in Amsterdam
As an Amsterdam resident, under the complaint obligation in consumer purchases, you must promptly inspect purchased movable goods for defects and notify the seller. Failure to do so risks forfeiting rights such as repair, replacement, or price reduction. This statutory protection applies to buyers and sellers and is enshrined in the Dutch Civil Code, with particular relevance for shoppers in the vibrant stores along the Kalverstraat or PC Hooftstraat.
Why is the Complaint Obligation Important for Amsterdammers?
The complaint obligation enables sellers in Amsterdam to address product issues right away, such as at electronics stores on Ferdinand Bolstraat. This helps prevent damage escalation. For you as a consumer, acting promptly is crucial to avoid prescription. This article covers the rules for private purchases, building on our guide to the general complaint obligation.
Statutory Rules on Complaint Obligation in Consumer Purchases
The complaint obligation in consumer purchases is regulated in Dutch Civil Code Book 7, Title 3, particularly Articles 7:17 to 7:24 for movable goods bought by consumers.
- Art. 7:17 Dutch Civil Code: Inspect the purchase as soon as reasonably required and report defects promptly.
- Art. 7:23(2) Dutch Civil Code: In consumer purchases, the seller may only object to late notification after two months post-delivery – a benefit for Amsterdammers.
- Art. 7:21 Dutch Civil Code: Notify of non-conformity before performance such as repair.
The Supreme Court (e.g., ECLI:NL:HR:2018:123) equates 'promptly' with days to weeks. Contact the Juridisch Loket Amsterdam for tailored advice.
When Must You Complain About a Purchase in Amsterdam?
In a consumer purchase (private buyer, professional seller, such as a bike from a shop on Nieuwendijk), deadlines are more lenient than in business transactions.
- Inspection: Immediately upon delivery or soon after; for gadgets like those at the Apple Store in Amsterdam, a longer period is allowed.
- Notification: Promptly upon discovery, with a two-month grace period for consumers.
- Exceptions: Address visible issues immediately; hidden ones upon discovery.
| Situation in Amsterdam | Inspection | Notification |
|---|---|---|
| Visible defect upon delivery | Immediately | Promptly (days) |
| Hidden defect | Reasonably soon | Promptly (max 2 months post-delivery) |
| Consumer vs. business | More favorable for consumer | 2 extra months for you |
Examples of Complaint Obligation for Amsterdammers
You buy a refrigerator from a store on Haarlemmerstraat and it leaks after a week. Call immediately: complies with complaint obligation, entitling you to free repair under Art. 7:21 Dutch Civil Code.
A dress from a boutique in the Negen Straatjes tears after 25 days. Report on the same day: timely within the two-month period.
Software issue on a smartphone after three months? Notify promptly upon discovery, within the two-year prescription period (Art. 7:23(1) Dutch Civil Code).
Error: Complaining about a scratch on a new bike after six months – seller may reject unless the defect arose later.
Your Rights and Obligations in Amsterdam
Rights:
- Free repair, replacement, price reduction, or contract rescission (Art. 7:21 Dutch Civil Code).
- Reversal of burden of proof in first six months (Art. 7:18(2) Dutch Civil Code).
- Damage claim if seller at fault.
Obligations:
- Promptly inspect and notify.
- Cease use upon damage (Art. 7:20 Dutch Civil Code).
- Give seller chance to repair.
Seller ignores you? Send a registered letter, then contact Juridisch Loket Amsterdam, the Disputes Committee, or Amsterdam District Court. The Gemeente Amsterdam sometimes provides consumer advice.
Frequently Asked Questions on Complaint Obligation in Amsterdam
Complained too late as an Amsterdammer?
Right to remedy may be lost, but not within two months or if seller knew. Evidence is key.
Applies to online shops from Amsterdam?
Yes, including webshops (Art. 6:230m Dutch Civil Code). Notify within return or complaint period.
Written notification required?
Not strictly, but we recommend email or registered mail. Visit Juridisch Loket Amsterdam for assistance.
What about second-hand goods in Amsterdam?
Stricter rules apply; check warranty and notify local dealers promptly.