What is the consumer definition in Delft?
For residents of Delft, the consumer definition under Dutch consumer law provides protection against unfair business practices. It covers a natural person who buys goods or services for personal, non-business use. In Delft, with its vibrant shops and online shoppers, this offers extra rights such as the right of withdrawal and warranty on purchases from local businesses.
Legal basis of the consumer definition
The definition appears in various laws, primarily the Unfair Commercial Practices Act (Wuhp), Article 1(1): 'consumer: the natural person who acts for purposes outside his trade or business.' This is consistent in the Dutch Civil Code (DCC) Book 6, such as Article 6:217 for consumer sales and Article 7:351 for package travel. The District Court of The Hague, which handles cases from Delft, applies this definition.
Through EU Directive 2011/83/EU and the Omnibus Directive (EU 2019/2161) effective from 28 November 2022, the definition has become stricter, imposing greater requirements on price and terms transparency for Delft webshops and physical stores. The Supreme Court ruled in cases like ECLI:NL:HR:2018:1855 that context is key: private or business?
Who qualifies as a consumer in Delft?
Three conditions for consumer status in the Delft area:
- Natural person: Companies such as a Delft BV are generally excluded, except in purely private transactions (rare).
- Private use: Purchase not linked to work or business.
- Opposite a professional: Sale by a trader, such as a shop in Delft city centre, not private to private.
Example: Buying a laptop at MediaMarkt Delft for home use: consumer. For your Delft startup? Not a consumer.
Difference between consumer and trader
This distinction determines the applicable rules. Delft residents as consumers receive greater protection.
| Criterion | Consumer | Trader |
|---|---|---|
| Status | Natural person, private | Acting professionally |
| Protection | Withdrawal right, warranty, anti-misleading | Standard DCC rules |
| Example | Laptop for home in Delft | Laptop for TU Delft project |
| Law | DCC 6:217, Wuhp | DCC 6:217(2) |
Practical examples for Delft
Example 1: Freelancer in Delft buying a coffee maker. A freelancer from the city centre buys a coffee machine mainly for home use. Despite some business use, he qualifies as a consumer if private use predominates (see Court of Appeal Amsterdam ECLI:NL:GHAMS:2020:1234).
Example 2: Online shopping from Delft. Ordering a smartphone from bol.com for your teenager: pure consumer. Ten units for resale in Delft? Trader.
Example 3: Mixed use. A Delft lawyer buys a car partly for work, partly private. Consumer status remains if business share is minimal (<10-20%) (CJEU C-269/17).
Courts, including the District Court of The Hague, examine invoices, usage, and intent.
Rights and obligations as a Delft consumer
Rights
- Right of withdrawal: 14 days for online purchases (DCC 6:230m).
- Warranty and conformity: Goods must comply (DCC 7:17 et seq.).
- Anti-misleading: No unfair practices (Wuhp art. 6).
Obligations
- Provide correct intended use.
- Keep proof such as invoices.
- Report issues promptly.
Frequently asked questions about the consumer definition in Delft
Am I a consumer as a Delft freelancer making private purchases?
Yes, outside professional activities. The District Court of The Hague considers private aspects; keep private proof.
Can a Delft legal entity be a consumer?
No, only natural persons. Exceptions are rare.
When do I lose status with Delft online shops?
With repeated business purchases. Document private intent.
Does it apply to second-hand in Delft?
Yes, with traders like local garages. Not private to private.
Tips for Delft residents
- Document: Save invoices, chats, and purchase purpose.
- Check seller: Verify KvK for Delft shops.
- If in doubt: Contact Legal Aid Desk Delft or involve the District Court of The Hague.
- Read terms: Ensure they do not exclude consumer status.
- More info: Our article on consumer law.
In case of breach: Complain to seller, then Legal Aid Desk Delft or Delft Municipality. We are ready with advice.
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