Compensation for hair burnt by a waffle iron

Questioner

Early September I used a new crimping iron and when I used it my entire hair was burnt. As a result a lot of hair fell out, which is still happening now. I had never dyed my hair so it can't be due to colour stains and I had used such irons before so I also know that I wasn't using them wrong, it was really due to the iron. The iron was from Fineza, a supplier of bol.com, and I sent the iron back to them to have it examined. First I didn't get a response for a month, and the supplier was immediately very adamant that it wasn't due to the iron. Now after sending them a reminder email twice I got a response that they had examined it (suddenly?! and didn't email me about it) and they said that the iron didn't go higher than the temperature then it had to and I wouldn't get any compensation. The only thing they offered me was a gift card from bol.com. I also contacted bol.com myself but was always forwarded to the supplier. I had requested compensation of about 200 euros based on products that I now have to use and recovery treatments at the hairdresser, and I have sent all kinds of photos with the email. I think it is unacceptable how this is going, I do not believe that they have examined the tongs and I am 100% sure that if the tongs are used now the same thing will happen. I would like to hear from you.

Lawyer

I understand that this situation is very frustrating for you. Based on what you have described, it appears that the supplier has not responded satisfactorily to your complaint. The general rule under Dutch law is that products sold must meet the expectations that the buyer may reasonably have of the product, based on the agreement (Article 7:17 BW). If a product does not meet these expectations, there may be a breach of contract. The buyer is entitled to a sound product. If the product (the waffle iron in this case) has a defect, the seller must repair this defect or deliver a replacement product without the buyer incurring any additional costs. If the seller fails to do so, the buyer may be entitled to compensation (Article 7:24 BW). However, it must be demonstrated that the damage was caused by the product. It may be useful to think about how this evidence can be provided. Is it possible to have an expert assess whether the tongs were too hot? Do you have photos or other evidence of the damage to your hair immediately after using the tongs? Keep in mind that this type of evidence can often be decisive in a possible dispute or procedure. In addition, it may be advisable to consult a lawyer or attorney to discuss your options further. They can advise you on possible steps, especially looking into possible legal proceedings against the store. This is preliminary advice based on the information you have provided and it may be wise to contact a lawyer or attorney for comprehensive legal advice.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above 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