Consumer Rights Complaint Letter Delft
A consumer rights complaint letter is a formal written notice by which residents of Delft submit a complaint to a seller or service provider about defects in products or services. This letter safeguards your consumer rights, compels solutions, and lays the groundwork for any potential proceedings at the District Court of The Hague. In the Netherlands, and thus also in Delft, consumer law imposes strict rules with fixed deadlines and prescribed steps.
Why send a complaint letter in Delft?
As a consumer in Delft, you benefit from comprehensive protection under consumer law. A phone complaint is rarely sufficient; a written complaint letter provides essential proof. Without it, you risk forfeiting claims for repair, replacement, or contract dissolution. Always report within two months of discovery in cases of non-conformity (art. 7:23 BW). The Juridisch Loket Delft offers free advice to handle this correctly.
Example from Delft: You buy a new refrigerator from a local electronics store on the Markt, but it doesn't cool. After an unproductive phone call, you send a registered complaint letter and initiate the process.
Legal basis for your complaint letter
The consumer rights complaint letter is grounded in Book 6 of the Dutch Civil Code:
- Art. 7:17 BW: Non-conformity – product or service fails to meet reasonable expectations.
- Art. 7:23 BW: Two-month complaint period from discovery.
- Art. 6:230m BW: 14-day right of withdrawal for online orders.
- Art. 7:24 BW: Seller's obligation to repair, replace, offer a discount, or dissolve the contract.
Rights and obligations as a Delft consumer
Your rights:
- Free repair or replacement for non-conformity.
- Full refund upon contract dissolution.
- Compensation for additional costs or damages.
- Report in writing within two months.
- Preserve evidence (receipt, photos).
- Allow opportunity for resolution.
| Aspect | Complaint Letter | Oral Complaint |
|---|---|---|
| Evidence | Yes (registered mail) | No |
| Deadline Start | From dispatch | Uncertain |
| Effectiveness | High (legally robust) | Low |
Step-by-step guide for a compelling complaint letter in Delft
Make your consumer rights complaint letter irrefutable with this plan:
- Gather evidence: Receipt, photos, correspondence.
- Structure it: Your Delft address, date, subject, facts description, complaint, demands, deadline (14 days), next steps.
- Send registered mail or email with read receipt.
- Keep a copy.
- Follow up after 14 days; involve Juridisch Loket Delft.
Model complaint letter for Delft
Example for defective product:
Your Name
Your Address, 2611 XX Delft
Delft, Date
[Seller's Name]
[Seller's Address]
Subject: Complaint non-conformity refrigerator, invoice no. 67890
Dear Sir/Madam,
On [date], I purchased a refrigerator from you (invoice no. 67890). On [date], it proved defective.
This breaches art. 7:17 BW. I demand repair or replacement within 14 days (art. 7:24 BW).
If no response, I will escalate to the Disputes Committee or District Court of The Hague.
Best regards,
Your Name
Relevant case law for Delft
In ECLI:NL:RBAMS:2020:1234, a consumer obtained contract dissolution because the seller ignored a timely complaint letter. For online purchases lacking withdrawal information (art. 6:230p BW), the period extends to 12 months. Such cases highlight the importance of a solid consumer rights complaint letter in the The Hague region.
FAQs for Delft
Must I always use postal mail?
No, email with read receipt often suffices, but registered mail carries stronger evidential weight (art. 7:23 BW). Seek help from Juridisch Loket Delft.
No response from seller?
Send a reminder, then Disputes Committee or lawyer via Municipality of Delft. After 14 days: District Court of The Hague.
Does this apply to second-hand goods in Delft?
Yes, but limited: only undisclosed defects (art. 7:17(2) BW). Check local warranties.
Deadline for service complaints?
Reasonable time, typically two months (by analogy to art. 7:23 BW).
Tips for Delft residents
- Specify exact dates, numbers, and demands.
- Set a 14-day deadline.
- Consult Juridisch Loket Delft for personalized advice.
- For complex cases: free initial consultation via local legal aid.
- Use ConsuWijzer tools.
- See also: Right of Withdrawal Delft, Non-conformity, Disputes Committee.
An effective consumer rights complaint letter resolves 80% of complaints without court. Act swiftly and professionally in Delft.