Complaint Obligation in Consumer Purchases in Delft
As a resident of Delft, 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 purchases from Delft shops or webshops and is enshrined in the Civil Code, with additional support from local services like the Juridisch Loket Delft.
Why is the complaint obligation important for residents of Delft?
The complaint obligation promptly informs sellers in Delft of defects, allowing them to address issues before they escalate. For you as a consumer, acting in time is crucial to avoid prescription. This article outlines the rules for private buyers in Delft, supplementing general consumer rights information. In case of doubt, the Juridisch Loket Delft offers free tailored advice.
Legal Basis for Consumer Purchases in Delft
The rules are set out in Civil Code Book 7, Title 3 (arts. 7:17-7:24), specifically for sales of movable goods to consumers.
- Art. 7:17 Civil Code: Inspect the goods within a reasonable time and report defects without delay.
- Art. 7:23(2) Civil Code: Consumers in Delft have an extra two months after delivery; sellers cannot invoke late notice sooner.
- Art. 7:21 Civil Code: Notify the defect before demanding performance such as repair.
The Supreme Court (e.g., ECLI:NL:HR:2018:123) defines 'without delay' as days to weeks. In Delft, you can turn to the District Court of The Hague if disputes escalate.
When Must You Complain as a Consumer in Delft?
In consumer purchases (e.g., a washing machine from a Delft electronics store), a more lenient deadline applies than in commercial sales.
- Inspection: Immediately upon delivery or soon after; slightly longer for complex items.
- Notification: Without delay after discovery, with a two-month grace period for consumers.
- Exceptions: Visible defects immediately; hidden defects upon discovery.
| Situation in Delft | Inspection | Notification |
|---|---|---|
| Visible defect upon pickup | Immediately | Without delay (days) |
| Hidden defect | Reasonably expected | Without delay (max 2 months post-delivery) |
| Consumer vs. commercial | More favorable to you | 2-month buffer |
Practical Examples for Delft
You buy a refrigerator from a shop in Delft city center. After a week, it leaks: calling immediately meets the obligation, entitling you to free repair (art. 7:21 Civil Code).
Another example: A dress from a local boutique tears after three weeks. Discovered on day 25, notify the same day: timely within two months.
Smartphone with defect after three months: Notify without delay upon discovery, within two-year prescription period (art. 7:23(1) Civil Code). Inspect in time!
Mistake: Complaining about a bike scratch after six months at a Delft bike shop; seller may reject without proof the defect arose later.
Rights and Obligations in Delft
Your rights:
- Free repair, replacement, discount, or contract dissolution (art. 7:21 Civil Code).
- Reversal of burden of proof within six months (art. 7:18(2) Civil Code).
- Damage claim for negligence.
Your obligations:
- Promptly inspect and notify.
- Cease use if damaged (art. 7:20 Civil Code).
- Give opportunity for repair.
Seller ignores you? Send a registered letter, then approach the Disputes Committee, the District Court of The Hague subdistrict judge, or get help from Juridisch Loket Delft and the Municipality of Delft.
Frequently Asked Questions on Complaint Obligation in Delft
Complained too late as a Delft resident?
Right to remedy may be lost, unless within two months or seller knew. Proof is key.
Applies to online purchases from Delft?
Yes, including webshops (art. 6:230m Civil Code). Notify within complaint period or return window.
Must notification be in writing?
Not strictly, but email/registered mail recommended. Visit Juridisch Loket Delft for tips.
What about second-hand goods in Delft?
Second-hand items have a shorter non-conformity period; consult Juridisch Loket Delft for details.