Conformity and the statutory guarantee in the Netherlands: what can you claim?

What does conformity mean?

A product must conform to the contract: it must have the qualities you may expect based on the description, the price and the nature of the product. That is called conformity. If it does not, there is a lack of conformity, or non-conformity.

Examples: a washing machine that stops working after eighteen months when you may reasonably expect it to last longer, a coat in a different colour from the photo, missing parts, or incorrect installation instructions that stop the product working properly. For products with software, it also includes receiving necessary updates for a reasonable period.

What the seller or manufacturer promises in advertising also counts. If an advert says a battery lasts a whole day, you may expect that.

How long does the statutory guarantee last?

The Netherlands has no fixed period of, say, two years. The statutory guarantee applies for as long as you may reasonably expect the product to last. For a durable fridge, that is longer than for cheap earbuds. The price, the brand, how it is used and what the seller says about its lifespan all play a part.

So a rule of thumb such as ‘two years’ is not Dutch law. If a product breaks within the lifespan you could reasonably expect, without you having misused it, you are in principle entitled to repair or replacement.

Since 1 January 2022, however, an important rule of evidence has applied in the Netherlands: if a defect becomes apparent within a year of delivery, it is presumed to have been there at delivery. The seller must then prove otherwise, unless that is incompatible with the nature of the product or the defect. After that first year the burden of proof is yours: you then have to show that the defect was already there at delivery, for example with a report from a repairer.

Who should you contact?

You deal with the seller, not the manufacturer. The shop may not simply send you off to the manufacturer or importer, even if it arranges the repair through them.

With an online purchase, too, the shop is your point of contact. Repair and replacement must be free of charge, so the cost of sending the product in for repair should not be yours to pay.

A manufacturer’s warranty or extra guarantee from the shop is an addition. It can be useful, but it may not limit your statutory rights. If the commercial guarantee has expired, you can still rely on the statutory guarantee.

Repair, replacement and beyond

In the case of non-conformity, you can in principle choose between free repair and replacement. The seller may only refuse your choice if it is impossible or would involve disproportionate costs. Repair or replacement must happen within a reasonable time and without significant inconvenience to you.

If repair or replacement fails, takes too long or the defect comes back, you can ask for a price reduction or end the contract and get your money back. For a minor defect, ending the contract is usually not possible.

If a defect is covered by the statutory guarantee, the seller may not charge you for inspection or repair. If the problem turns out to be caused by your own use, that can be different; ask for a quote in advance.

EU countries had to transpose the European directive on the right to repair (2024/1799) into national law by 31 July 2026. It aims to make repair more attractive, among other things by extending the seller’s liability once by twelve months if you choose repair. The Netherlands had not yet finished doing so in October 2026: the bill is before the Dutch parliament. Exactly how the rules work depends on each country’s implementation.

Step-by-step plan when a product breaks

How to approach it, from discovering the defect to a possible complaints procedure:

• Stop using it if that prevents further damage, and take photos or a video
• Find your proof of purchase: receipt, invoice or bank statement
• Report the defect to the seller within two months, preferably in writing
• Ask for repair or replacement and set a reasonable deadline
• Keep all emails, letters and agreements

Report in time, and what if the seller refuses?

In the Netherlands, notifying the seller within two months of discovering the defect is always in time. After that, you generally have two more years to go to court if the seller does not cooperate. So do not wait too long.

Is the seller refusing? Send a letter with a specific demand and a reasonable deadline. In the Netherlands, ACM ConsuWijzer offers template letters. If the shop is affiliated with a disputes committee or a trustmark with a complaints procedure, you can turn to them.

Make clear in your letter that you are relying on the statutory guarantee, not the manufacturer’s warranty. That way you avoid being referred to conditions that only apply to the manufacturer’s warranty.

Second-hand goods and buying from private sellers

If you buy second-hand from a shop, you still have a statutory guarantee, but you may expect less than from a new product. If you buy from a private individual, the extra protection rules for consumer purchases do not apply. The product must still match what was agreed and promised.

Did you buy from an online shop in another EU country? Throughout the EU, the seller is liable for at least two years for defects that become apparent after delivery. For problems with a shop in another EU country, the European Consumer Centre in your country can help.

Unsure about your situation? Read the explanations from ACM ConsuWijzer or the legal text itself. This article is general information, not legal advice.

• ACM ConsuWijzer (in Dutch)
• Dutch Civil Code, Book 7 (in Dutch)
• ECC Netherlands: help with purchases from other EU countries
• EU Sale of Goods Directive 2019/771 (EUR-Lex)
• Right of withdrawal and a free model form
• Help with complaints and mediation