Protection
Your rights don’t always end when the warranty does.
When a product fails, several kinds of protection can apply at the same time. They come from different places, last for different periods and are claimed from different parties. RIQARO keeps them apart.
- Last reviewed
Three kinds of protection, often confused
| Statutory rights | Commercial guarantee | Right of withdrawal | |
|---|---|---|---|
| What it is | Legal protection when a product does not meet what you could reasonably expect | A voluntary promise by a manufacturer or seller | A right to cancel many online and distance purchases |
| Comes from | National law implementing EU rules | The guarantee terms | National law implementing EU rules |
| Claim from | The seller | Whoever gives the guarantee — often the manufacturer | The seller |
| How long | Depends on the country and the product | As stated in the terms | Usually 14 days, with exceptions |
| Reason needed | Yes — the product must be defective or not as agreed | Depends on the terms | No |
Statutory rights
- What it is
- Legal protection when a product does not meet what you could reasonably expect
- Comes from
- National law implementing EU rules
- Claim from
- The seller
- How long
- Depends on the country and the product
- Reason needed
- Yes — the product must be defective or not as agreed
Commercial guarantee
- What it is
- A voluntary promise by a manufacturer or seller
- Comes from
- The guarantee terms
- Claim from
- Whoever gives the guarantee — often the manufacturer
- How long
- As stated in the terms
- Reason needed
- Depends on the terms
Right of withdrawal
- What it is
- A right to cancel many online and distance purchases
- Comes from
- National law implementing EU rules
- Claim from
- The seller
- How long
- Usually 14 days, with exceptions
- Reason needed
- No
A commercial guarantee comes on top of your statutory rights. It cannot take them away.
Launch market
The Netherlands first
Dutch consumer law is the first set of national rules RIQARO is being prepared for. A few points that often surprise people:
Statutory protection applies. A coffee machine can normally be expected to last longer than 14 months. The seller is responsible for putting it right.
Source: BW 7:17 · Dir. (EU) 2019/771
- Responsible
- Seller (not the manufacturer)
- Manufacturer guarantee
- Expired — assessed separately, not needed here
- Remedies
- Repair or replacement first
- Rules
- Dutch consumer law
No fixed two-year limit
Dutch law does not set one fixed period. A product must work as long as you could reasonably expect for that kind of product, its price and its use — which can be longer than two years.
The seller is responsible
Your statutory rights are against the shop you bought from, even if it refers you to the manufacturer.
Early defects are presumed
For a defect that appears within the first year after delivery, it is generally presumed that the product was already defective, unless the seller shows otherwise.
Repair or replacement first
Usually you first ask for repair or replacement. A price reduction or ending the purchase can follow if that doesn’t work out.
Report in time
Tell the seller within a reasonable time after you discover the problem. Reporting within two months of discovery is always considered in time.
Read the full explanation: the legal guarantee in the Netherlands
Across Europe
EU directives set a common minimum for consumer sales, but countries fill in the details differently: how long protection lasts, how long early defects are presumed, and which remedies come first. RIQARO models each country separately, with its own sources, and adds countries one at a time.
This page is general information, not legal advice. Rules depend on your situation and can change. RIQARO assessments show the source they are based on so you can check them.
Sources
- Dutch Civil Code, Book 7, articles 7:17–7:24 — Wetten.nl (Government of the Netherlands)
- Directive (EU) 2019/771 on the sale of goods — EUR-Lex
- Guarantees and returns — Your Europe (European Union)
- Returning goods bought online (right of withdrawal) — Your Europe (European Union)
- Garantie (in Dutch) — ACM ConsuWijzer
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