The legal guarantee in the Netherlands: what to do when a product is defective

Who is responsible when a product is defective?

The seller. Under Dutch law, the product delivered must match the agreement: it must have the qualities you could reasonably expect (Dutch Civil Code, article 7:17). If it doesn’t, you deal with the shop you bought it from.

A seller may ask the manufacturer for help, but it cannot send you away with “contact the manufacturer”. A manufacturer’s guarantee is a separate, additional promise.

How long does the legal guarantee last?

The Netherlands has no fixed term for the legal guarantee. What counts is how long you may reasonably expect the product to last, taking into account the kind of product, its price and how it is used. For durable or more expensive products, that can be considerably longer than two years.

The EU sets a common minimum for consumer sales; Dutch law applies the “reasonable expectation” standard instead of one fixed period.

Who has to prove the defect?

If a defect appears within one year of delivery, the law presumes the product was already defective when it was delivered (article 7:18(2)). The seller then has to show otherwise.

If the defect appears later, you need to make it plausible that the product did not meet what you could reasonably expect — for example with photos, a description of normal use or a repairer’s statement.

What can you ask for?

First, you can ask for repair or replacement, free of charge (article 7:21). The seller must do this within a reasonable time and without serious inconvenience to you.

If repair or replacement is not possible, fails, or takes too long, you can ask for a price reduction or end the purchase and get your money back (article 7:22). For minor defects, ending the purchase may not be justified.

How quickly must you report the problem?

Tell the seller within a reasonable time after you discover the problem. Reporting within two months of discovery is always on time (article 7:23(1)).

After you have reported it, a claim becomes time-barred two years after that notification (article 7:23(2)). Keep a record of when and how you reported the problem.

What if the manufacturer’s guarantee has expired?

Your legal guarantee can still apply. A commercial guarantee from a manufacturer or seller comes on top of your statutory rights and can never reduce them. An expired commercial guarantee therefore does not mean you are out of options.

What evidence should you keep?

Practical evidence that often helps:

• proof of purchase: receipt, invoice or order confirmation;
• proof of payment;
• photos or a video of the defect;
• the date the problem appeared and when you reported it;
• your messages with the seller;
• earlier repairs or replacements.

Is this the same as the 14-day right of withdrawal?

No. For most online and other distance purchases, you can cancel within 14 days without giving a reason, with some exceptions. That right of withdrawal is separate from the legal guarantee, which is about products that are defective or not as agreed.