Right to repair or replacement after warranty period?
Questioner
21-03-2021 I bought a TV on the internet. Now the TV broke down this week after 2.5 years and the warranty was 2 years. Normally a television lasts at least 7 years so this is just a defective product. Now I have read the reviews of the company where the TV comes from and I see that many people already have complaints about their products after a short time. Do I still have the right to have them repair my television for free or possibly deliver a new one, or am I powerless because the 2-year warranty has expired?Lawyer
The fact that the two-year warranty has expired does not immediately mean that you are completely powerless. In Dutch law, in addition to the warranty, a statutory term also applies to consumer products. This term is related to the principle of 'conformity' that is part of consumer law. Conformity means that a product must meet the expectations that you as a consumer may reasonably have of it, taking into account, among other things, the price of the product, any statements made by the seller about specific properties of the product and the nature of the product itself. If a product does not meet these reasonable expectations, you are in principle entitled to have the product repaired or replaced free of charge. Although in many cases you are entitled to repair or replacement, you should take into account that after six months of purchase the burden of proof is reversed. This means that you as a consumer must be able to demonstrate that the TV does not meet reasonable expectations and, for example, has not broken due to incorrect use. In addition, in the case of replacement, depreciation is often considered. If a TV normally lasts seven years and your TV broke after 2.5 years, you can theoretically claim that you are still entitled to 4.5/7ths of the original purchase price. In your case, it may be wise to address the company on the principle of conformity. Please note that this can sometimes be complex and the result is not always guaranteed, so it may be wise to seek help from a lawyer or attorney, for example.' ---------------- 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 I would like to invite you to rate the above answer so that we can learn from your response.Take the next step
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