Warranty cancellation due to stickers indicating moisture?

Questioner

My (IPX4 certified) scooter has never been in the rain, has never been used in the rain, and has never come into contact with moisture in any other way. This was submitted for repair within the warranty period due to a rear light not working properly, but now it appears that stickers on the inside of closed compartments indicate that they have been in contact with moisture. This is despite the fact that there is no visible damage on the outside, no rust or corrosion visible, and apart from a malfunctioning rear light, everything else works perfectly. However, the stickers are considered perfect and therefore nothing can be done under warranty. I have indicated that I do not agree with this, but it is a 'yes/no' discussion. I indicate that the scooter has never been in contact with water, manufacturer/seller indicates that stickers are sacred and never make mistakes (read: they claim that I am lying). Is there previous case law regarding the consumer's word versus the status of a moisture indication sticker? The external company that received the scooter for repair indicates that it sees no damage to the scooter, no rust and no corrosion, but that the stickers clearly indicate that they have come into contact with moisture. Off the record (by phone...) the external company responsible for the repair also indicated that 1. the scooter must have been in the ditch in principle, as the stickers in compartments normally cannot get wet (ipx4 certified construction) 2. The scooter would most likely have more problems if it had been completely submerged in water 3. Stickers indicate that they have been damp, so they cannot/may not do anything under warranty Since I now have to pay to get the scooter back unrepaired (!) (research costs and shipping costs), or 500 euros to replace a small printed circuit board (which shows no visible damage), I want to prevent this. It is a given for me that the stickers do not function properly, and I am therefore not willing to pay money to have the scooter repaired within the warranty period (or pay 80 euros to get it back). But if previous consumers have tried this several times, and judges have ruled each time that a sticker is sacred, there is of course no point in going to the subdistrict court. If it has been ruled on the basis of a sticker alone that the guarantee does not expire, then I want to prevent it. Therefore: is there any case law regarding the word of the consumer versus the status of a moisture indication sticker?

Lawyer

Dutch consumer law has a number of important rules that may be relevant here. Firstly, when purchasing a product, a statutory guarantee of 6 months applies. This means that if a product shows a defect within 6 months of purchase, the law assumes that this defect already existed at the time of delivery, unless the seller can prove otherwise. If the defect occurs within the warranty period, the burden of proof lies with the seller. In your case, the seller would then have to prove that the defect (the malfunctioning rear light) is the result of water damage and not, for example, a manufacturing defect or normal wear and tear. Regarding the moisture indicator sticker, it should be said that this may be an indication of water damage, but not conclusive evidence. It is possible that the sticker is not working properly or has been misinterpreted. Furthermore, the fact that there is no visible water damage to the device also calls into question the reliability of the sticker. Looking up specific case law regarding the word of the consumer versus the status of a moisture indicator sticker is beyond my current capabilities, but as mentioned, the burden of proof plays an important role in these types of cases. That is why I advise you to seek legal help. A lawyer or attorney specialized in consumer law can help you further and possibly look up specific case law for your case. It is also possible to seek legal advice from a consumer organization such as the Consumers' Association.' ---------------- Please note! This free advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer ---------------- Call us for further assistance Stichting Rechtswinkel.nl is a national organization with students and volunteers. We may be able to help you free of charge or refer you to a reliable lawyer or legal expert. Call us during office hours on 040 2350423.