Consumentenkoop
Consumer sale
A consumer sale is a contract of sale in which the buyer is a natural person who does not act in the course of a profession or business, whereas the seller does.
A consumer sale is a specific type of contract of sale governed by Book 7 of the Dutch Civil Code. The purchaser is a consumer acquiring the goods for private purposes, while the seller acts in a professional capacity. This distinction determines which protective provisions apply.
The regime is significant because the law affords the consumer enhanced protection against unfair terms, defective products and unreasonable limitations of liability. Mandatory rules therefore govern conformity, guarantees and the reversal of the burden of proof.
In practice, the concept is frequently relied upon in connection with purchases made via online shops, in retail outlets or upon the acquisition of a motor vehicle or home furnishings. In the event of a dispute, the consumer may invoke this special protection.
“The purchase of a laptop from an electronics retailer constitutes a consumer sale, thereby entitling the buyer to a statutory two-year warranty.”
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