Product Conformity in Tilburg
As a resident of Tilburg, product conformity is essential under Dutch consumer law. This principle ensures that a purchased product meets the reasonable expectations you are entitled to, including quality, quantity, finish, and the information provided by the seller. If it doesn't, you can claim remedies such as repair or a price reduction. This article explores the meaning of product conformity, your rights, and how to apply them in practice around Tilburg.
Legal Basis for Product Conformity
The rules on product conformity are set out in the Dutch Civil Code (DCC), Book 7, Title 5, Section 3 (Articles 7:17 to 7:23 DCC). Since January 1, 2022, they have been strengthened by the Implementation Act on Digital Content and Services, which incorporates EU Directive 2019/771. Sellers in Tilburg must ensure products meet the conformity requirements at the time of delivery.
Key requirements from Article 7:17(1) DCC:
- The product matches the description in the sales agreement.
- It is suitable for the usual purpose of similar products.
- It is supplied in the correct quantity, size, and quality.
- It includes the expected accessories and instructions.
- For digital items: updates during the conformity period.
For used goods in Tilburg, such as from local garages, the requirements are slightly more lenient, but known defects must be disclosed (Article 7:17(3) DCC).
Conformity Requirements Explained
These requirements are objective but depend on price, brand, and marketing. A premium laptop from an electronics store in Tilburg must be more robust than a cheap alternative.
Practical Examples of Requirements
- Normal use: A refrigerator from downtown Tilburg must cool reliably without leaks.
- Specific purpose: If you buy a bike for the hills around the Loonse en Drunense Duinen and state this explicitly, it must be suitable (Article 7:17(1)(b) DCC).
- Advertising: Claims in brochures or on labels from shops on Heuvelstraat are binding (Article 7:17(2) DCC).
Examples from Tilburg Practice
Example: You buy a washing machine for €600 from a store in Tilburg. After a week, it leaks and cleans poorly. Non-conformity: not suitable for everyday use.
Example 2: You order a size 38 dress online from a Tilburg webshop, but receive a size 40. Wrong size = non-conforming.
Example 3: Used car from a dealer in the Het Zand neighborhood with undisclosed rust. Seller must disclose this, or it's non-conforming.
Your Options in Case of Non-Conformity
In case of defects, you choose remedies (Article 7:21 DCC), in this order:
- Repair or replacement: Free of charge and without significant inconvenience.
- Price reduction.
- Rescission with full refund.
For digital products? The seller first addresses it through the remedy hierarchy. Damages claim possible for intent or gross negligence (Article 7:23 DCC).
Seller's Obligations in Tilburg
The seller must:
- Remedy the defect promptly.
- Prove conformity in the first two years (presumption of non-conformity if reported within two years, Article 7:18 DCC).
- For online shops: two-year conformity guarantee after delivery.
Time Limits and Prescription
Minimum two years for new goods (Article 7:18 DCC). For used goods in Tilburg: shorter period possible, but not less than six months. Complaint within two months of discovery (Article 7:23a DCC).
Difference: Product Conformity vs. Warranty
Conformity is mandated by law; warranty is optional. Overview:
| Aspect | Product Conformity | Warranty |
|---|---|---|
| Basis | Statutory (DCC art. 7:17 et seq.) | Voluntary, often brand-specific |
| Duration | 2 years (new), seller's burden of proof first 2 years | Varies, e.g., 2-5 years |
| Conditions | Reasonable expectations | Predefined promises |
| Remedies | Repair, replacement, etc. | As per policy |
More info? Check our article on conformity and warranty.
FAQs for Tilburg
Complained too late about a product?
Report within two months of discovery (Article 7:23a DCC), otherwise risk losing rights, unless the seller was already aware.
Does this apply to used goods in Tilburg too?
Yes, but lower standards. Known issues must be disclosed; otherwise two years.
Can I cancel immediately?
No, try repair first. Exception for serious defects.
Online from abroad, but delivered in Tilburg?
EU webshops: same rules. Non-EU: check terms.
Tips for Consumers in Tilburg
Avoid hassle:
- Check reviews and specs at local shops.
- Keep receipts and take photos of issues.
- Complain in writing (email) with evidence.
- European Consumer Centre for EU issues.
- Start at Juridisch Loket Tilburg for free advice; for escalation, District Court of Zeeland-West-Brabant in Breda or Municipality of Tilburg.