kayazuki wrote:
If you're in the Netherlands,
This should be read. It's the Dutch equivalent to the UK Sale of Goods Act.
Directive 99/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees.
Contracts of sale
Consumer goods must be in conformity with the contract of sale.
Goods are deemed to be in conformity with the contract if, at the moment of delivery to the consumer:
- they comply with the description given by the seller and possess the qualities of the product which the seller has held out to the consumer as a sample or model;
- they are fit for the purposes for which goods of the same type are normally used;
- they are fit for any particular purpose for which the consumer requires them and which was made known to the seller at the time of conclusion of the contract, and accepted by the seller;
- their quality and performance are satisfactory, given the nature of the goods and taking into account the public statements made about them by the seller, the producer or his representative.
The seller is liable to the consumer for any lack of conformity which exists when the goods are delivered to the consumer and which arises within a period of two years from delivery. However, the lack of conformity cannot be accepted if, at the moment of conclusion of the contract of sale, the consumer knew or could not reasonably have been unaware of the lack of conformity.If the goods are not in conformity with the public statements made by the seller, the producer or their representative, the seller will not be liable if they show that:
- they did not know and could not reasonably know the statement in question;
- they corrected the statement at the time of sale;
- the decision to buy the goods could not have been influenced by the statement.
Any lack of conformity resulting from incorrect installation of the consumer goods is deemed to be equivalent to lack of conformity of the goods if installation forms part of the contract of sale of the goods and the goods were installed by the seller or under their responsibility. This applies equally if the product, intended to be installed by the consumer, is installed by the consumer and the incorrect installation is due to a shortcoming in the installation instructions.Any lack of conformity becoming apparent within six months of delivery will be presumed to have existed at the time of delivery, unless:
- proof to the contrary is furnished;
- this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
When a lack of conformity is notified to the seller, the consumer will be entitled to ask:
- for the goods to be repaired or replaced free of charge within a reasonable period and without major inconvenience to the consumer;
- for an appropriate reduction to be made to the price, or for the contract to be rescinded, if repair or replacement is impossible or disproportionate, or if the seller has not remedied the shortcoming within a reasonable period or without major inconvenience to the consumer.
And this (while apocryphal) is not very helpful.
Adventurer writes in Financial & Legal
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Hello all,
I bought a blender (brand is Princess) from It's (shop franchise) and it broke on its first use. It has been sent away for repair and it is now well over one month and it has not been returned. Under the Sale of Goods Act in the UK I could get my money back immediately, but apparently in Holland it is not like that at all. They can send it away for repair and they are not obliged to give me back my money. It is difficult for me to find out what the actual law is in Holland without having to join and pay to the Consumenten Bond, which I do not feel like doing. Does anyone know the actual Act and what my rights are?
I have approached the manufactuer Princess as well and they will not give me my money back. The shop It's is extremely rude in its approach in that they do not care that I had to buy another blender anyway (not from them by the way of course) and under the terms of the guarantee it can be repaired during a period of two years. So, basically, I have given them forty euros and I have got nothing in return, except for losing money and a lot of bother. Seems a bit odd that people in Holland have no rights regarding the Sale of Goods doesn't it?