Consumer law: your rights and obligations as a seller
16.12.2021If you sell a product or service to a non-profit customer, then you are subject to consumer protection laws. Consumer law presupposes, for example, that the seller is obliged to change or repair an item that turns out to be defective. Of course, sellers also have rights, but more about them below.
What are the main responsibilities of the seller and the buyer?
You - the seller - must provide the product of proper quality, and the buyer must pay the agreed amount.
Warranty
The seller guarantees that the product he sells is of high quality. This is the legal guarantee your client is entitled to. If the product turns out to be of poor quality, it must be replaced or repaired. In addition to the legal one, you can give or sell an additional guarantee.
For example, Peter makes custom-made leather shoes and sells them in his store. Megan bought boots from him, and a week later she came back with a complaint: “I only put on my boots a couple of times - on the third, the sole fell off. Right while walking. " What can Peter offer her? Repair this pair free of charge or choose a new one from the existing assortment at about the same cost.
But first, he must make sure (he has such a right) that the sole fell off due to poor-quality stitching, and not because Megan had punched it off on purpose or stood knee-deep in the sea all day, which is fatal for these boots.
Even if a client came with a broken sole after 5 months, she would still have the right to an exchange or a free repair. The client has 6 months to complain about the poor quality of the product. This is a legal guarantee!
What is the seller's guarantee? Petr, having repaired the shoes, can tell the client: “I guarantee that this pair will serve you for two years. If not, I will refund your money. " At the same time, he must document his words.
The seller's or manufacturer's warranty does not override the 6 month legal warranty.
Give time to think (bedenktijd)
Your customer has the right to change his mind, even if he has already made a purchase. He has 14 days to think (zichttermijn) and cancel the order or purchase.
In what cases is the client entitled to this? For instance:
- if he bought a TV in an online store, and then was disappointed - the size is too small.
- if he was sold an additional package of sports channels over the phone, and he thought and decided that he had enough available.
- if he bought a contract for the monthly cleaning of a container right outside the door of his own apartment, and then decided that he would do it himself.
- if he signed up for a monthly lunch delivery right outside his apartment, and then changed his mind, his wife began to cook.
- if in the showroom, after drinking champagne, he signed a contract for the purchase of an expensive mattress, but at home he realized that he didn't need a new one.
When does a buyer have no time to think?
- if he bought a wardrobe (or something else) to order,
- if he ordered something personal: a cake with a photo or a ring of a certain size,
- if he bought something perishable: vegetables and flowers,
- if he has purchased newspapers or magazines,
- if he took out hygiene items from the package: a toothbrush or a razor,
- if he bought a ticket for a specific date,
- if he paid for the services and agreed that they would be provided at a certain time: the painting would be painted in 12 days, the loader would arrive in three days.
The seller, if he works in the store, has the right to refuse the reflection period to his client, but can include this in his terms and conditions. Also, the seller is not obliged to exchange quality goods if he does not want to. But he is obliged to fix or return the money if there are claims to the product itself.
Determine the payment term
The seller himself determines during what period the consumer must pay for his product or service. If the customer does not pay, then you can send him a reminder, but you are not entitled to charge an additional fee at the first payment reminder. After that, you can charge a fee for the costs associated with receiving the money.
Example. Washer Vasya washed the windows in Albert's house. When Vasya issued the invoice, he said that Albert had 7 days to pay. A week has passed and the money has not been transferred yet. Vasya first sends the first letter with a reminder - no reaction. Then he sends the second and includes the cost of the envelope and stamp.
Out-of-store sales
If you do not sell in a store, but on the street, then you must remember the buyer's right to think (bedenktijd) and that you and the buyer must sign 2 copies of the deed of sale.
Do you have an online store or do you sell by phone?
Then you must follow the rules of distance buying. Your customer has the right to think, and you must provide clear information about the product, price and shipping methods.
If you sell subscriptions, you may not always be able to automatically renew your subscription. That is, if you entered into a contract with a client for IT services for the year on January 1, 2021, this does not mean that it is being extended until 2022 without the client's knowledge.
A subscription can be:
- for a certain time. For the same year, for example, after which it automatically ends.
- indefinitely. In this case, the client has the right to cancel the subscription one month in advance.
Tour sales
It is your responsibility to clearly inform your customer about the product you are selling. For example, how many people are on the tour, what is included in the price and what additional costs your client should pay.
Personal data
You, as a seller, are obliged to protect the customer's personal data (if you use them) in accordance with the Law on the Protection of Customer Personal Data (Algemene verordening gegevensbescherming (AVG). Privacyverklaring) It can be placed on your site, for example, if you are selling over the Internet.
