SavionAGENTS IN LAWAsk your own question
← All questions

What warranty do I have on a product that broke after a few months?

ConsumerLegislation verified on Ook in het Nederlands

Short conclusion. In the Netherlands, a product that breaks after only a few months is almost always covered by the wettelijke garantie (legal warranty of non-conformity), even when no separate manufacturer's warranty was offered. For purchases by a private buyer from a professional seller, the law presumes that any defect showing up within one year of delivery already existed at delivery, so the seller — not you — must then prove otherwise.

Reasoning

###1. When the legal warranty applies

The rules below apply to a consumentenkoop: a sale of a movable good between a seller acting in the course of a trade or profession and a buyer who is a natural person acting outside any trade or profession (Artikel 7:5 lid 1 onder a BW). Almost any in-store or online purchase you make as a private person falls under this definition. For these purchases, the protective rules of Afdeling 1A of Title 1 of Book 7 BW apply and cannot be limited or excluded to your detriment (Artikel 7:6 BW).

2. The product must "conform to the agreement"

Under Artikel 7:17 BW the delivered item must beantwoorden aan de overeenkomst. Artikel 7:18 BW sets this out more concretely for consumer purchases: the product must have the qualities you may reasonably expect given its nature, any public statements made about it, and normal use for that type of product. A product that breaks within a few months — when you used it normally — will usually fail this test and is therefore niet conform (non-conforming).

3. The one-year presumption (this benefits you most)

Since the implementation of EU Richtlijn 2019/771 (Sale of Goods Directive), Artikel 7:18a lid 2 BW provides:

Bij een consumentenkoop wordt vermoed dat de zaak of de zaak met digitale elementen bij aflevering niet aan de overeenkomst beantwoordt, indien de afwijking van hetgeen is overeengekomen zich binnen één jaar na aflevering openbaart, tenzij de verkoper anders aantoont of de aard van de zaak of de aard van de afwijking zich daartegen verzet.

In practice: if your product breaks within a year of delivery, the law presumes the defect was already there when you received it. The seller must then prove it was caused by you (a drop, water damage, misuse, etc.). If the seller cannot, the defect is theirs to fix.

4. How long you are protected

Dutch law does not write a fixed number of years in the statute itself. However, the EU Directive 2019/771 (which the Dutch rules implement) gives every consumer at least two years of protection against non-conformity, and the Dutch authorities (ACM/ConsuWijzer) confirm this minimum. After that two-year period, you can still claim non-conformity if the product's reasonable expected lifetime was longer (a fridge, for example, is normally expected to last much longer than two years). In short: claims become harder after two years, but they do not automatically expire.

Time after deliveryBurden of proof onPractical effect
0–1 yearSellerDefect is presumed to have existed at delivery; seller must prove otherwise
1–2 yearsYou (in principle), but EU floor protects youSeller remains liable for non-conformity; evidentiary position shifts
After 2 yearsYouYou must show the product should reasonably have lasted longer

5. Notify the seller in time

Artikel 7:23 lid 1 BW requires you to notify the seller "within reasonable time" after you discovered or should reasonably have discovered the defect. For consumer purchases, a notification within two months of discovery is automatically timely. Notifications after that may still be valid, but waiting for many months weakens your position. Claims based on non-conformity expire two years after you notified the seller (Artikel 7:23 lid 2 BW).

6. What you can demand

Once non-conformity is established, your remedies are layered. The seller must first repair or replace the product free of charge (Artikel 7:21 BW); if that fails, is impossible, or cannot reasonably be demanded of the seller, you can dissolve the contract or claim a price reduction (Artikel 7:22 BW). You may also claim damages. None of these remedies may be charged to you (Artikel 7:21 lid 2 BW).

7. Manufacturer's warranty vs. legal warranty

Many shops point you to a fabrieksgarantie (manufacturer's warranty). Important distinctions:

Legal warranty (wettelijke garantie)Commercial warranty (commerciële garantie / fabrieksgarantie)
SourceThe law (BW + EU Directive 2019/771)Voluntary promise by manufacturer or seller
Against whomThe sellerThe warrantor (often the manufacturer)
DurationAt least 2 years (EU minimum), often longer based on expected lifetimeWhatever the certificate states
Effect on your rightsNone — your statutory rights standCannot limit or replace them (Artikel 7:6a lid 1 BW)

So a shop telling you "warranty is only 1 year" or "you must go to the manufacturer" is not correct: you keep your full legal rights against the seller regardless.

8. Exceptions that may defeat your claim

The legal warranty does not apply, or may no longer apply, when:

  • The defect was known to you at the time of purchase (Artikel 7:17 lid 5 BW).
  • The defect was caused by you: an accident, a drop, water damage, unauthorized modification, or use contrary to the instructions.
  • Normal wear of consumable parts (e.g., a battery that simply wears out after its expected lifetime).
  • You bought second-hand goods at a public auction, where the rules on non-conformity may be excluded (see Article 7:5 BW and the implementation choices for Directive 2019/771).
  • The purchase is not a consumentenkoop but a B2B purchase, where the (less protective) rules of ordinary koop apply instead.

9. Practical steps

  1. Stop using the product if it might cause damage or safety issues.
  2. Notify the seller in writing (e-mail or letter) promptly, describing the defect and attaching the receipt.
  3. Ask explicitly for herstel of vervanging under Artikel 7:21 BW, and set a reasonable deadline.
  4. If the seller refuses or does not respond in time, send a final written demand (ingebrekestelling) with a final deadline.
  5. If that fails, you can escalate via the dispute committee (klachtencommissie) of the trade association, the consumer authority ACM/ConsuWijzer, or — ultimately — the court. Small consumer claims up to €25,000 can be brought before the kantonrechter without a lawyer.

This article is general information about Dutch consumer law, not a substitute for tailored legal advice. The specific outcome depends on the facts of your case, the type of product, and the terms of your purchase.

Sources