Product Conformity
In Amsterdam, product conformity is essential in consumer law. It ensures that products you buy, such as from shops on the Kalverstraat or online with delivery to your home in the Jordaan, meet the reasonable expectations of quality, quantity, execution and seller information. In cases of non-conformity, as an Amsterdam consumer you have rights to remedies such as repair or price reduction. This article for Amsterdam residents explains the rules, your rights and practical steps, including assistance from local bodies like the Juridisch Loket Amsterdam.
Legal Basis of Product Conformity
The conformity rules are set out 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 Digital Services, based on EU Directive 2019/771. Sellers in Amsterdam must ensure products meet the conformity requirements on delivery, whether it's a bicycle for the canals or electronics for home use.
Key requirements under art. 7:17(1) DCC:
- The product matches the description in the sales contract.
- It is suitable for the usual purpose of similar products.
- It has been supplied in the correct quantity, size and condition.
- Accessories and instructions are included.
- Updates for digital products during the term.
For second-hand purchases, such as via Marktplaats in Amsterdam, 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 €1000 laptop must be more robust than a cheap model from an Amsterdam budget store.
Practical Examples
- Normal use: A fridge from a De Pijp supermarket must freeze without leaking.
- Specific purpose: A sturdy jacket for Amsterdam rain, if specified, must be waterproof (art. 7:17(1)(b) DCC).
- Advertising: Claims on labels or ads in the Bijenkorf are binding (art. 7:17(2) DCC).
Examples from Amsterdam Practice
Suppose you buy a €500 espresso machine from a shop in the Negen Straatjes. It leaks after three days: non-conformity, as it fails basic use.
Example 2: Ordered size 42 clogs online for Koningsdag, but received size 43. Incorrect delivery = non-conformity.
Example 3: Second-hand scooter with undisclosed brake issues from an Amsterdam dealer. Must be disclosed, otherwise non-conformity.
Your Rights in Case of Non-Conformity
In the event of defects, you choose remedies (art. 7:21 DCC), in this order:
- Repair or replacement: Free of charge and without significant inconvenience.
- Price reduction.
- Contract termination with full refund.
This also applies to apps or software. In cases of intent or gross negligence, you can claim damages (art. 7:23 DCC). For disputes in Amsterdam: start with the Juridisch Loket Amsterdam or proceed to the Amsterdam District Court.
Seller Obligations
Sellers must:
- Fix defects promptly.
- Provide proof in the first two years (presumption of non-conformity within two years, art. 7:18 DCC).
- For Amsterdam webshops: two-year conformity guarantee.
Time Limits and Limitation Periods
Minimum two years for new products (art. 7:18 DCC); shorter for used, but not less than six months. Report within two months of discovery (art. 7:23a DCC).
Difference: Product Conformity vs. Warranty
Conformity is mandated by law; warranty is extra. Overview:
| Aspect | Product Conformity | Warranty |
|---|---|---|
| Basis | Statutory (DCC art. 7:17 et seq.) | Voluntary, often brand-specific |
| Duration | 2 years for new, burden of proof on seller | Varies, e.g. 2-5 years |
| Conditions | Expected performance | Extra promises |
| Remedies | Repair, reduction, etc. | As per policy |
More info? See our article on Conformity and Warranty.
FAQs for Amsterdam
Complained too late about a product?
Report within two months (art. 7:23a DCC), otherwise risk losing rights unless seller knew. Visit Juridisch Loket Amsterdam for advice.
Does this apply to second-hand in Amsterdam?
Yes, with lower standards. Undisclosed defects fall under the two-year rule.
Demand immediate refund?
Not right away; try repair first. Exception for major issues. Amsterdam District Court decides in disputes.
Online from abroad to Amsterdam?
EU webshops: same rules. Non-EU: check terms. Help via Municipality of Amsterdam or ECC.
Tips for Amsterdammers
Avoid hassle:
- Check reviews and specs at local shops or online.
- Keep receipts and take photos of issues.
- Complain in writing by email with evidence.
- Use European Consumer Centre for EU issues.
- For free help: Juridisch Loket Amsterdam or proceedings at Amsterdam District Court.
Related topics: consumer rights in Amsterdam.