Legal advice: consumer law

Consumer against trader

When you purchase goods or services as a consumer, there is a statutory framework that protects you against unfair clauses, delivery shortcomings and incomplete information. Parties acting in a business capacity fall outside part of that protection; sometimes the boundary is less clear-cut (for example a sole trader purchasing for the business). We clarify which regime applies to your case and what that means for your claims and evidence.

Topics on which we advise

  • Purchase and delivery — not delivered, defective product, assembly or installation defects.
  • Services and maintenance contracts — not completed, wrong scope or pricing disputes.
  • Warranty and manufacturer's guarantee — overlap with statutory conformity requirements and exceptions.
  • Online and distance selling — right of withdrawal, model withdrawal form and consequences of failing to inform.
  • Misleading practices and unfair commercial practices — when administrative or civil law options are relevant.

For contracts and formal letters: Contracts and documents.

Strategy before proceedings

As is customary in legal practice, we advise first on notice of default, mediation or negotiation with the trader (or via a dispute resolution committee where applicable). If proceedings appear unavoidable, we work alongside litigation, including a weighing up of costs and the ultimate objective (compensation, replacement, termination).

Frequently asked questions

What if a product does not conform to the agreement?

In the event of a defect, the consumer may often claim repair, replacement, price reduction or termination, depending on the circumstances and statutory time limits. Documentation (photographs, e-mails, order confirmation) strengthens your position.

Is buying online regulated in the same way as buying in a shop?

The basic rights to conforming delivery are comparable, but online purchases have additional rules regarding, among other things, the right of withdrawal, delivery timeframe and pre-purchase information. The precise wording of the general terms and conditions and the sales channel are decisive.

Contact

Call 030 – 87 88 524 or e-mail info@adviesenincasso.nl. Overview: Legal advice.

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