You order a product online or buy something in-store, only to find it damaged when you get home. This can be very frustrating, especially if you've been looking forward to your purchase. Fortunately, as a consumer, you're well protected by law and are entitled to a solution.
In this article, we explain your rights if you receive a damaged product and the steps you can take to get a replacement or refund. We also provide a sample letter you can use immediately to file your complaint.
What are your rights in case of a damaged product?
Under Dutch and European consumer law, you have the right to a proper product . This means that the product must meet your expectations.
If you receive a damaged product, then:
- Are you entitled to a free repair, replacement or refund ?
- You do not have to agree to a voucher only unless you want to.
- The seller must provide a solution at no additional cost .
This applies to both products you buy in the store and online orders.
What can you do if your product is damaged?
1. Contact the seller directly
Report the damage as soon as possible to the store or online retailer where you purchased the product. You can often do this by phone, email, or using a contact form.
2. Take photos of the damage
Evidence is important. Take clear photos of the damaged product and keep the packaging if it shows any damage.
3. Submit a written complaint
If the seller doesn't respond or offer a solution, you can file a written complaint . This provides you with formal proof of your complaint and request.
Below you will find a sample letter that you can use.
Sample letter of complaint regarding damaged product received
[Uw naam]
[Uw adres]
[Postcode en woonplaats]
[Uw telefoonnummer]
[Uw e-mailadres]
[Naam bedrijf]
[Adres bedrijf]
[Postcode en plaats bedrijf]
[Datum]
Betreft: Klacht over beschadigd ontvangen product
Geachte [naam verkoper],
Op [datum aankoop] heb ik bij u een [productnaam] gekocht via [naam winkel of webshop]. Bij ontvangst bleek het product beschadigd te zijn, wat niet aan mijn verwachtingen voldoet. Ik heb foto's gemaakt van de schade en deze kan ik desgewenst toesturen.
By law, I am entitled to a product that meets my reasonable expectations. Therefore, I kindly request that you offer me a suitable solution within [for example, 14 days], such as a free replacement or refund.
If I do not receive a response within this period, I reserve the right to take further legal action.
I look forward to receiving your response soon.
Yours sincerely,
[Your Name]
What if the seller doesn't respond?
- Check the terms and conditions – Some online stores have a complaints procedure that you can follow.
- Report your complaint to a dispute committee – Many sectors have an independent consumer complaints committee.
- Contact ConsuWijzer – This is the information desk of the Netherlands Authority for Consumers and Markets (ACM) for consumer rights.
- Get legal help via Rechtswinkel.nl – Here you can get free advice about your rights.
- File a complaint with your payment provider – Did you pay by credit card or PayPal? Sometimes you can request a chargeback through your payment provider.
Conclusion
Did you receive a damaged product? You don't have to simply accept it. As a consumer, you are entitled to a good product , and the seller must offer a solution.
Use our sample letter to officially file your complaint and take further action if the seller does not respond.
Need legal advice about your situation? Contact Rechtswinkel.nl for free support!
