Consumer law contains a wide range of rules developed with the aim of protecting the consumer. Without consumer law, consumers would be in a very weak position in their relationship with businesses. To guarantee a single market, a large part of consumer law applies throughout Europe. There are therefore many similarities with consumer law in other European countries, which is relevant for anyone who shops across the border now and then, but there are also a number of important differences.
Below are the most important consumer rights in the Netherlands, as well as information about the consumer disputes that can arise from them. This page describes the situation in the Netherlands.
Right to a sound product
When a consumer buys a product, it may not meet expectations. This does not necessarily mean that the seller is at fault, since after all the consumer's expectations may be unrealistic, but the seller is in any case obliged to deliver a sound product. Whether or not a product is sound? For this, the conformity requirement as laid down in the Dutch Civil Code (Burgerlijk Wetboek, BW) is considered. In practice, various factors have to be taken into account in the assessment:
- The expectations the seller has raised
- The statements made by the manufacturer, for example in advertisements
- The type of product
- The brand and the quality characteristics attributed to the brand
- The price of the product
Guarantee of a sound product
When a product is not sound, a consumer can take action against it. That is the case, for example, if the product is delivered damaged or is incomplete. In addition, a product can also be unsound if it breaks after delivery. A manufacturer may, for example, state that a washing machine will easily last more than ten years. The product is then unsound if it is already broken after two years of normal use. This is what we call the statutory guarantee.
The duration of the statutory guarantee depends on the conformity requirements mentioned earlier. The trade association Techniek Nederland has drawn up a list of how long products should last, but that list is of course not binding. It does, however, give a good idea of what expectations the consumer may have.
As far as handling a possible claim is concerned, the consumer is at an advantage during the first year after delivery: the product is then presumed to have already been unsound at the time of delivery (Article 7:18a(2) BW). During that time, the burden of proof lies with the seller, who has to prove that the defect is the consumer's fault. When, on the other hand, the product breaks after that first year, it is up to the consumer to prove that this is not their fault but that the product is unsound. This is not always easy.
Finally, bear in mind that sellers can also grant a seller's or manufacturer's guarantee. Sometimes such a guarantee can be bought. The agreed guarantee conditions apply to such guarantees. All kinds of restrictions may apply here. For example, the manufacturer's guarantee on a washing machine may be limited to the non-moving parts. It is important to always read the guarantee conditions thoroughly. In any case, such guarantee conditions can never detract from the statutory guarantee. They only apply to what comes on top of the statutory guarantee.
Product liability
Producers must be very careful when they put products on the market and must investigate their safety. When something goes wrong because of a defect in the product, they can be liable for it. That is possible even when the producer has not made a mistake. This is what we call product liability. Product liability can even apply to situations in which the consumer does not act in accordance with the instructions for use supplied: the producer must be aware that consumers do not always read everything. Apart from a franchise (threshold) of €500 for damage to private property (Article 6:190 BW), the producer almost always has to pay for the damage. For products placed on the market on or after 9 December 2026, the new European Product Liability Directive (Directive (EU) 2024/2853) abolishes that franchise; the Dutch bill implementing this directive is before parliament (Parliamentary Papers 36906). Sometimes the seller, the importer or an intermediary can also be held liable.
More information about product liabilityRight of withdrawal
With an online purchase, a consumer cannot really examine the product. At best, they have seen a photo, a video and a product description, but that is where it stops. This makes it much more difficult for a consumer to become acquainted with the essential characteristics of the product. Yet that is important for checking whether or not the product is sound.
The solution to this problem is the right of withdrawal. The right of withdrawal means that with a distance purchase, which also includes a telephone sale or doorstep selling, the consumer may change their mind within 14 days. The consumer then does not have to pay anything, must return the product and does not have to explain why they changed their mind.
The seller must inform the consumer of this right and provide them with a model form to exercise it. Within 14 days of this notification and of receiving the product, the seller must refund the purchase price. The direct costs of returning the product are in principle for the consumer's account, unless the seller failed to state that the consumer has to bear those costs (Article 6:230s(2) BW). A seller may, however, offer to pay the return costs itself. That is why you should always read the general terms and conditions that apply to the consumer purchase carefully.
Do bear in mind that the product may only be used once the consumer is sure that they really want to keep it. They may try the product out, for example by putting the shoes on briefly, but may not actually use it. So they may not go for a walk in the woods, because then the right of withdrawal lapses. Breaking the seal also usually means that the right of withdrawal lapses. If, after breaking a seal, the product turns out to be unsound, the consumer of course remains entitled to a sound product. For that, they do not invoke their right of withdrawal, but must contact the online shop (right to a sound product).
Also read: Liability in consumer purchases and Advertising and liability: strict and complex advertising rules.
Step-by-step plan for a consumer dispute
When there is a problem with the seller, the consumer can take action in various ways. First of all, it is important to look for a solution together, but if necessary legal steps can also be taken.
- Gather evidence
This actually starts at the moment of purchase. Keep receipts, proof of payment and so on for every purchase. When there is a problem with the product, it is also important to gather evidence of it. Take a photo of it, for example, or write down how the defect occurred. This makes it easier to handle.
- Contact the seller
Always contact the seller first. Most sellers are flexible and will certainly be willing to do what is necessary. Explain to the seller what the problem is and send any supporting evidence.
- Give the seller formal notice of default
Is the seller not doing what is necessary? Then give the seller formal notice of default (in gebreke stellen). State that the seller is not doing what they should do or what is expected of them. Give the seller a specific period, for example seven working days, to still take action.
- Take legal steps
If the seller still does not do what is necessary at this point, it is time to take action. In the first instance, you can go to a disputes committee (geschillencommissie). This is only possible if the seller is affiliated with an organisation such as the disputes committee. Of course, you can also go to court. Always seek legal advice before taking such drastic steps.
Frequently asked questions
A product is delivered to me and the box is badly damaged. What should I do?
Do not accept the product. The delivery risk lies with the seller, and by not accepting the product, a lot of hassle is avoided. Do write to the seller to let them know why the product was not accepted, and state that you expect a new, conforming product.
Do these consumer rules also apply to purchases abroad?
Possibly, yes. Many of the Dutch consumer law rules have their origin in European legislation. This often still leaves some room for refinement, so subtle differences are possible, but within the European Union (plus Iceland, Liechtenstein and Norway) there are also great similarities in the field of consumer law. In any case, the Dutch consumer has the same rights as the consumers in the country of origin. When it concerns a country outside the European Union, the rules of that country apply. The rules can differ greatly there. Bear that in mind when importing dirt-cheap products from Asia.
What am I entitled to if a product is unsound?
In such a case, the consumer has various options, but must be reasonable. For example, the consumer can ask for a free repair or a new product. However, if a new product is cheaper than a repair, a consumer may not simply demand a free repair. And if a small part is broken, they may not simply ask for a new product.
When the seller cannot meet these obligations, for example because the product cannot be repaired and is no longer on the market, the purchase agreement can be terminated. The broken product then goes to the seller, and the seller must refund the money. Here too, it is important to be reasonable. If a consumer has been able to use a washing machine for four years, for example, it is unreasonable to ask for 100% of the amount paid back. Some sellers offer a voucher as a solution, but the consumer does not have to agree to that. In any case, the most important thing is to communicate well with each other and to be reasonable on both sides.
Is it true that the statutory guarantee period is two years?
No. That is a big misunderstanding. Europe does provide for a guarantee period of two years, and in many European countries that is the case, but in the Netherlands we use a different system. Here, for each product you have to look at how long it can be expected to work. For some products that may be less than two years, but often it is considerably longer. When consumers buy products in other EU member states, on the other hand, there is a real chance that the statutory guarantee period will indeed be two years.
Do I have a right to a cooling-off period for all products?
No. Some products have no cooling-off period because this would be undesirable. These include perishable products, CDs whose seal has been broken, single newspapers, products personalised at the consumer's request and lottery products.
What is a disputes committee?
Disputes do not always have to be dealt with by a court. The parties may be willing to have the dispute handled by a disputes committee. Such disputes committees advise, mediate and, if necessary, give a ruling on the dispute. Disputes committees for consumers have the advantage of being faster and cheaper than going to court, while the legal expenses insurer can also provide assistance here.