Non-conformiteit

Non-conformity is a concept under Dutch sales law, governed by Article 7:17 of the Dutch Civil Code. It refers to a situation in which the delivered goods lack the characteristics that the buyer was entitled to expect under the contract, such as fitness for the intended purpose or conformity with samples or models.

This concept is particularly relevant in consumer sales, where the buyer is entitled, in the event of non-conformity, to repair, replacement, a reduction in price or rescission of the contract. The seller is liable unless it can be shown that the non-conformity did not exist at the time of delivery.

In practice, non-conformity is frequently established by reference to visible defects or complaints notified within a reasonable time after delivery.