Consumer Sale in Tilburg: Rights and Obligations
Consumer sale involves the purchase of movable goods, such as electronics or furniture, by a Tilburg resident from a professional seller. Unlike private transactions, this provides extra protection, including rules on non-conformity, warranty, and repair rights. These are set out in the Dutch Civil Code (DCC) and apply exclusively to consumers like you when buying from businesses in Tilburg or elsewhere.
What does a consumer sale mean for Tilburg residents?
In a consumer sale, a consumer – a private buyer not acting for professional purposes – purchases a tangible product such as a phone, car, or sofa from a seller, for example a Tilburg store, online shop, or car dealership. It does not cover services, real estate, or purely digital items.
Key difference: private sales between Tilburg residents offer less protection. A consumer sale provides greater certainty, such as a longer period in which the seller must prove defects were not present at delivery.
Legal rules for consumer sales
The provisions are in Book 7, Title 7.1 of the Dutch Civil Code (DCC), Articles 7:1 to 7:85. Key articles:
- Art. 7:17 DCC: Seller must deliver a conforming good that meets reasonable expectations (quality, quantity, suitability).
- Art. 7:18 DCC: In the first six months, seller must prove the defect was not present at delivery.
- Art. 7:19 DCC: Remedies for non-conformity: repair, replacement, price reduction, or contract termination.
- Art. 7:23 DCC: Two-year limitation period for defects.
For distance sales (online), additional rules apply under Book 6, Title 3.5.1 DCC (Art. 6:230m et seq.), including a 14-day right of withdrawal. Basic protection from Book 6, Title 3 DCC.
Your rights as a consumer in Tilburg
If a product is faulty (non-conformity: does not match the description, price, or intended use), you can demand a great deal.
What remedies are available for non-conformity?
- Performance: Free repair or replacement (Art. 7:19 DCC).
- Price reduction or termination of purchase with refund.
- Damages for consequential costs.
Example: You buy a washing machine for €600 from an electronics store in Tilburg. After three months, it leaks. Get a free repair, or choose your own technician and claim the costs.
For online purchases: 14-day right of withdrawal without reason (Art. 6:230o DCC).
Sellers' obligations in the region
Sellers must:
- Deliver a conforming product.
- Disclose defects (Art. 7:17(2) DCC).
- Deliver within a reasonable time.
- Provide a two-year conformity warranty (statutory).
Manufacturer's warranty is additional and optional.
Differences: consumer sale vs. business purchase
Overview in table:
| Aspect | Consumer Sale | Business Purchase |
|---|---|---|
| Burden of proof for defect (first 6 months) | On seller (Art. 7:18(2) DCC) | On buyer |
| Limitation period | 2 years (Art. 7:23 DCC) | Contract-dependent, often shorter |
| Right of withdrawal | Yes, for distance sales (14 days) | No |
| Reasonable expectations | Extensively protected | Limited |
Practical examples for Tilburg
Example 1: Used car
You buy from a garage in Tilburg. Engine trouble after two months: garage must prove or repair free (within six months).
Example 2: Online dress
Color doesn't match: return within 14 days for distance sale. Keep shipping proof.
Example 3: Laptop fails after 8 months
You must prove the defect predates purchase: receipt, photos, expert report.
Local example: The same protection applies to a faulty bike from a Tilburg bike shop.
Frequently asked questions about consumer sales
Must I report defects immediately?
Yes, shortly after discovery (Art. 7:23 DCC), often within two months. In writing for Tilburg businesses.
Seller bankrupt?
Approach the warranty provider or use legal assistance insurance. Check quality marks. In Tilburg: help via Juridisch Loket Tilburg.
Does it apply to second-hand goods?
Yes, but lower standards for used items (Art. 7:17(2) DCC).
Purchase via Marktplaats from a business?
Yes, if from a professional seller (check KvK). Consumer rights apply to Tilburg residents.
Tips for Tilburg residents
Avoid hassle:
- Keep receipt and packaging.
- Photos and dates of defects.
- Choose sellers with quality marks, such as in Heuvelstraat Tilburg.
- Free advice: Juridisch Loket Tilburg (call or visit).
- Dispute? Go to the District Court of Zeeland-West-Brabant in Breda.
- Check with Municipality of Tilburg for local consumer info.