Consumer Purchase in Delft: Rights and Obligations
Consumer purchase involves the purchase of a tangible product, such as a smartphone or sofa, by a Delft resident from a professional seller. In Delft, this provides extra protection compared to private transactions between neighbors. Rules on non-conformity, warranty, and repair rights are set out in the Civil Code (BW) and apply exclusively to private buyers purchasing from businesses.
What does consumer purchase mean for Delft residents?
In a consumer purchase, you as a consumer – a private individual from Delft, not acting on behalf of your business – buy a movable item from a seller, such as an electronics store in the city center, an online shop, or a garage on Rotterdamseweg. This covers physical products like bicycles, laptops, or furniture, but not services, real estate, or purely digital goods.
Key difference: private sales between Delft residents offer less protection. Consumer purchase ensures a longer period during which the seller must prove defects were not present at delivery.
Statutory rules for consumer purchase
The provisions are in Book 7, Title 7.1 of the Civil Code (BW), Articles 7:1 to 7:85. Key articles:
- Art. 7:17 BW: Delivery of a conforming product that meets reasonable standards of quality and usability.
- Art. 7:18 BW: In the first six months, the seller must prove defects were not present at delivery.
- Art. 7:19 BW: Remedies for non-conformity: repair, replacement, price reduction, or contract dissolution.
- Art. 7:23 BW: Two-year limitation period for defects.
For distance sales, such as online orders from Delft, additional rules from Book 6, Title 3.5.1 BW (Art. 6:230m et seq.) apply, including a 14-day right of withdrawal. General protections under Book 6, Title 3 BW.
Rights as a consumer in Delft
In cases of non-conformity – where the product fails to meet expectations based on price, description, and context – you have robust remedies.
What can you enforce?
- Performance: Free repair or replacement (Art. 7:19 BW).
- Price reduction or dissolution of the purchase with full refund.
- Damages for consequential losses.
Example: You buy a washing machine for €600 from an electronics store in Delft. After three months, it starts leaking. The seller must repair it free of charge, or you can hire a local technician and claim the costs.
For online purchases from Delft: 14-day right of withdrawal without giving a reason (Art. 6:230o BW).
Obligations of sellers in Delft
Sellers must:
- Deliver a conforming product.
- Disclose any known defects (Art. 7:17(2) BW).
- Perform within a reasonable time.
- Provide a two-year statutory warranty.
Manufacturer's warranty is additional and not required.
Differences: consumer purchase vs. business purchase
Overview in table:
| Aspect | Consumer Purchase | Business Purchase |
|---|---|---|
| Burden of proof for defect (first 6 months) | With seller (Art. 7:18(2) BW) | With buyer |
| Limitation period | 2 years (Art. 7:23 BW) | Contract-dependent, often shorter |
| Right of withdrawal | Yes, for distance sales (14 days) | No |
| Reasonable expectations | Strongly protected | Limited |
Practical examples for Delft
Example 1: Second-hand bicycle
You buy a used bicycle from a Delft bike specialist. After two months, the brakes fail: within six months, the seller must prove the defect was not present at purchase, otherwise free repair.
Example 2: Online dress from Delft webshop
Color does not match. Return within 14 days; keep proof of shipment.
Example 3: Laptop broken after 8 months
Provide evidence with photos, receipt, and expert report showing the defect existed at delivery.
FAQs on consumer purchase in Delft
Must I report defects immediately?
Yes, within a reasonable time after discovery (Art. 7:23 BW), typically two months. Do so in writing for proof.
Seller bankrupt?
Approach the warranty provider or use legal assistance insurance. Check quality marks. Contact Juridisch Loket Delft for advice.
Does it apply to second-hand items in Delft?
Yes, but with lower expectations for used goods (Art. 7:17(2) BW).
Purchase via Marktplaats from Delft business?
Yes, if professional: check KvK. For disputes, go to District Court of The Hague.
Tips for Delft residents
Avoid hassle:
- Keep receipts, packaging, and invoices.
- Take photos of defects and note dates.
- Choose local stores with quality marks.
- Free help via Juridisch Loket Delft or Municipality of Delft consumer desk.
- For proceedings: District Court of The Hague handles Delft cases.