If a product you bought as a consumer breaks, or does not do what you could reasonably expect, the shop must in principle repair or replace it free of charge, and the shop may not refer you to the manufacturer for this. If repair or replacement fails, or takes too long, you can terminate the purchase or ask for a price reduction.
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Written by Onur Arslan, attorney at Arslan Advocaten. Registered in the specialisation register of the Netherlands Bar (Nederlandse orde van advocaten) for employment law and personal injury. Last updated: 17 September 2026.
Written and legally reviewed by Onur Arslan, attorney at Arslan Advocaten. Registered in the specialisation register of the Netherlands Bar for employment law and personal injury. Reviewed on 17 September 2026 against the statutory text on wetten.overheid.nl.
The washing machine leaks after fourteen months, the laptop no longer starts after six months, the sofa sags after a year. The shop says the “guarantee has expired”, or sends you to the manufacturer. In many of these cases you have more rights than you are told.
Where do your rights come from?
Your rights do not derive from a guarantee certificate but from the law: the seller must deliver goods that conform to the contract (Article 7:17 of the Dutch Civil Code (BW)).
Goods do not conform to the contract (the legal term is non-conformity) if they lack the properties you were entitled to expect under the contract. This covers what is needed for normal use, but also what the seller or manufacturer has said about the product, for example in advertising.
A manufacturer’s guarantee or shop guarantee is something else. It comes on top of your statutory rights and cannot restrict them (Article 7:6a BW). If the receipt says “1 year guarantee”, that does not mean your rights end after one year.
How long should a product last?
The law sets no fixed period: what matters is the lifespan you could reasonably expect from a product of that kind and at that price.
An expensive fridge should last longer than a cheap kettle. A product that breaks after two years can therefore still be non-conforming if, given its type, brand and price, you were entitled to expect a longer lifespan. Normal wear and tear and damage caused by improper use are not covered.
Who has to prove that the product was defective?
If the defect becomes apparent within one year of delivery, the product is presumed to have been defective at delivery; the shop must then prove otherwise (Article 7:18(2) BW).
| When the defect appears | Who has to prove what |
|---|---|
| Within one year of delivery | Presumption that the defect was already present. The seller must show that it was caused by, for example, improper use. |
| After one year | You must make it plausible that the defect did not arise from normal use or wear and tear. A report from a repairer helps. |
The presumption does not apply if it is incompatible with the nature of the goods or of the defect, for example with perishable goods.
What can you demand, and in what order?
First repair or replacement; only if that fails or is not reasonable, termination or a price reduction.
- Repair or replacement (Article 7:21 BW). You may choose, unless the chosen remedy is impossible or disproportionately costly for the seller. It must be carried out free of charge, within a reasonable period and without serious inconvenience to you.
- Termination or price reduction (Article 7:22 BW). This is possible, among other things, if the seller refuses, if repair or replacement does not take place within a reasonable period, if the defect returns after repair, or if the defect is so serious that immediate termination is justified. For a defect of minor significance, termination is generally excluded; a price reduction is then still possible.
- Compensation (Article 7:24 BW). If the defect has caused additional damage (the leaking washing machine damages the floor), the seller may be liable for it.
If you have not yet paid (in full), you may suspend payment of the remaining amount for as long as the defect has not been remedied.
How quickly must you complain?
You must notify the shop within a reasonable time after discovering the defect; for a consumer, notification within two months of discovery is in any event timely (Article 7:23(1) BW).
In addition, a limitation period applies: your claim becomes time-barred two years after your notification to the seller (Article 7:23(2) BW). Complaining alone is therefore not enough to preserve your right indefinitely; anyone who does nothing for too long after notifying the seller may lose their claim.
By way of illustration. Someone buys a mid-range blender from an electronics shop. After eleven months, the jug breaks during normal use. The shop refers to the manufacturer and says the product falls “outside the six-month shop guarantee”. That is legally incorrect. The defect appeared within one year, so the product is presumed to have been defective at delivery. The shop is the other party to the purchase and must repair or replace it itself, unless it proves that the jug broke through improper use. The six-month shop guarantee does not change this. This is a hypothetical example to illustrate the rule, not a case handled by our firm.
What you should do
- Record the defect. Photos, video, the date on which you discovered it. Keep the product and the packaging.
- Find your proof of purchase. Receipt, bank statement or order confirmation.
- Report the defect to the seller in writing, preferably by email, and ask for repair or replacement. State that you are relying on your statutory rights, not (only) on the guarantee.
- Set a reasonable deadline if there is no response or the shop refuses.
- If no solution follows, terminate the purchase or ask for a price reduction, in writing and with reasons.
- Check whether the shop is affiliated with a disputes committee. This is often stated in the general terms and conditions and is an accessible route. Otherwise, the subdistrict court judge (kantonrechter) has jurisdiction.
Frequently asked questions
The shop refers me to the manufacturer. Do I have to go there?
No. Your purchase agreement was concluded with the seller, and the seller is responsible for the product being fit for purpose. You may use the manufacturer’s guarantee if that is easier, but you are not obliged to.
Does this also apply to online purchases?
Yes. Online purchases are also subject to a fourteen-day right of withdrawal, regardless of whether the product is defective.
Does this also apply to a second-hand product?
A second-hand product must also conform to the contract, but what you may expect is lower. If you buy from a private individual, the special consumer rules, such as the presumption of proof, do not apply.
May the shop charge for inspection or shipping?
Repair and replacement must be free of charge where there is non-conformity. If the defect turns out to be caused by improper use, the position may be different.
The shop has gone bankrupt. What now?
You can then submit your claim to the bankruptcy trustee (curator) and use the manufacturer’s guarantee if there is one. If you paid by credit card or through a payment service, ask about chargeback options.
Unable to resolve it with the shop?
Arslan Advocaten assesses your situation and, where necessary, drafts a formal notice of default. For larger amounts or an uncooperative seller, we conduct the proceedings.
Call 070 450 0300 or send your question via the contact form.
Read also
Sources and legal basis
- Dutch Civil Code, Book 7: Articles 7:5, 7:6a, 7:17, 7:18, 7:21, 7:22, 7:23 and 7:24.
- Dutch Civil Code, Book 6: Articles 6:74 et seq. on non-performance and compensation.
Sources checked on 17 September 2026.
This page provides general information and is not legal advice on your own situation. No rights can be derived from its content.
