Conformity of Digital Content in Tilburg
As a consumer in Tilburg, you are protected: sellers and service providers must supply digital products or services that meet your reasonable expectations. This covers quality, functionality, and updates, as stipulated in the Dutch Civil Code (DCC). In the event of defects, you can demand repair, replacement, or contract termination. For local advice: the Juridisch Loket Tilburg provides free guidance.
What Counts as Digital Content?
This includes digital data such as apps, software, streaming services, e-books, music files, online games, and VR experiences. Unlike physical products, it is intangible. The key is whether it meets promises and standards.
Read more in our article on digital content and software.
Legal Rules
Updated rules from EU Directive 2019/770 have applied since January 1, 2022. Relevant DCC articles:
- DCC Article 6:235p: Requirements for digital content and services.
- DCC Article 7:17: Basic conformity for sales, including digital.
- DCC Article 7:750 et seq.: Sales of digital goods.
- DCC Article 6:235l et seq.: Also for free content in exchange for data.
This applies to professional providers. In cases of non-conformity: remedies under DCC Articles 7:23 and 6:235q. In Tilburg and surrounding areas, the District Court of Zeeland-West-Brabant in Breda handles such cases.
Conformity Requirements Explained
Assessed on subjective (agreements) and objective grounds:
- Subjective: Meets the contract, advertising, or brand expectations (DCC 7:17(1)).
- Objective:
- Suitable for use, good quality, and durability.
- Updates and compatibility (DCC 7:17(2)).
- For digital: ongoing functionality during the expected period.
Comparison: Physical vs. Digital
| Aspect | Physical Products | Digital Content |
|---|---|---|
| Examples | Bike, clothing | App, streaming |
| Updates | No obligation | Required for functionality (DCC 7:17(2)) |
| Usage Duration | Lifespan | Contract term + additional period |
| Free | Not applicable | Yes, in exchange for data (DCC 6:235l) |
Real-Life Examples
Example 1: A Tilburg resident buys an AI photo-editing app (€9.99). It crashes and lacks filters: non-conformity. Demand an update for repair.
Example 2: Streaming subscription (€12/month) promises HD but streams low-quality on your Tilburg smart TV. Incompatibility: provider must update or offer an alternative.
Example 3: Free game in exchange for email data: servers go offline after one month. Conformity applies here too (DCC 6:235m).
Rights and Obligations in Case of Defects
Consumer Rights:
- Repair/Replacement: Free, at your choice (DCC 7:19).
- Price Reduction: If repair is impossible.
- Termination: For serious issues, with refund.
- Damage Claim: For consequential costs.
File a complaint within 2 months; warranty is 2 years (sales) or contract term +1 year (services).
Your Obligations:
- Proper installation.
- Up-to-date hardware.
- Timely notification to the seller.
Frequently Asked Questions
What if content in Tilburg is defective?
Send a detailed complaint to the seller. Request repair. If refused, terminate and demand a refund. Contact Juridisch Loket Tilburg for help. Keep evidence.
Does this apply to free apps with ads?
Yes, if data is exchanged (DCC 6:235l).
How long for updates in Tilburg?
Until the expected duration, e.g., 2 years for apps. Provider must maintain functionality.
App stores like Google Play?
Target the developer; the store may mediate.
Tips for Tilburg Residents
Avoid hassle:
- Check reviews and specs.
- Keep receipts and logs.
- Test promptly; report within 14 days.
- Use the 14-day cooling-off period (DCC 6:230m).
- Call Juridisch Loket Tilburg: free advice. For court: District Court of Zeeland-West-Brabant (Breda). Consult Municipality of Tilburg for extra consumer tips.