Good to know
When do I have a right to warranty?
You have a right to warranty if the product you purchased becomes faulty within a period of 2 years after the purchase. You must receive a product that is in accordance with what you agreed to in the purchase agreement. The following cases concern “faulty products:”
- Your purchase does not match the seller’s description and does not have the promised characteristics;
- Your purchase is not suitable for normal use, as with similar products;
- Your purchase is not suitable for the specific use that you mentioned beforehand;
- Your purchase does not offer the quality or performances that you might expect.
This right to legal warranty applies anywhere in Europe and can never be limited by any manufacturer warranty. The seller must repair or replace a product free of charge during the warranty period. They must do so within a reasonable amount of time and without seriously inconveniencing you.
You only have a right to warranty if the fault was not caused by you. If the fault arises within 6 months after the date of purchase, it is assumed that the fault was already present when you bought the product. This is known as the “conformity requirement.” This requirement does not apply if the seller can prove that you caused the fault.
If the fault arises after 6 months yet within the legal 24-month warranty period, you have to prove that you did not cause the fault. This will often lead to a difficult discussion between you and the seller. Research conducted by an independent expert can resolve this situation. The costs of this research are for the account of whomever is liable for the fault.
In what situations can I terminate my agreement if a product is faulty?
In some situations, you have a right to terminate the purchase agreement. By doing so, you withdraw the purchase. The seller has a right to the product and you have a right to a refund if:
- Repair or replacement is not possible;
- Repair or replacement would lead to unreasonably high costs for the seller;
- The seller waits too long to offer you a solution;
- The offered solution would seriously inconvenience you;
- The product has been repaired or replaced multiple times, yet this has not resolved the fault.
You can also opt to receive a reasonable price reduction.
When can I invoke the manufacturer warranty?
The seller will often refer you to the manufacturer or the wholesaler where the product came from. You do not have to settle for this. You entered into an agreement with the seller, so they must honour the terms of the agreement. The manufacturer may choose to offer you manufacturer warranty on its products. This often comes with certain conditions. The legal warranty may never be limited by the manufacturer warranty.
Can I purchase additional warranty?
The seller may offer you the opportunity to purchase additional warranty. This is known as commercial warranty. This warranty scheme may offer you more rights than the legal warranty, yet it may never offer fewer rights. If a fault arises within the warranty period, you always have a right to a free repair or a new product.
What are the advantages of purchasing additional warranty? Think of, for example, avoiding a discussion with the seller about how a product became faulty. Remember that you have a right to legal warranty for a period of at least 2 years in Europe. In the Netherlands, this period may sometimes be even longer. Be sure to always read the warranty conditions carefully before purchasing any additional warranty.
The trader states that I am not entitled to guarantee, as I bought the item on sale. Is that allowed?
Products you purchase on sale also need to function correctly. No other rules apply.
However, sometimes a trader can limit warranty on a specific product. A show model, for example.