Product broken? Know your rights (even after the warranty)
Many shops say: 'warranty expired'. But that does not mean you have no rights.
Introduction
Many shops say: "warranty expired". But that does not mean you have no rights. As a consumer, the law protects you even after the manufacturer's warranty has lapsed — and many sellers would rather you did not know that.
It is about what you are entitled to expect
Your legal right is not based on warranty, but on conformity: a product must do what you can reasonably expect given its price, description, and intended use. If it falls short of that, you have a valid complaint — regardless of any warranty period.
Practical examples:
- A washing machine should last for several years — even if the warranty expired after two
- A phone carries at least a two-year legal guarantee, but for an expensive device you can reasonably expect it to last longer
- A laptop that simply stops working after 18 months of normal use does not meet a reasonable expectation
Your rights when a product is non-conformant
Under Article 7:21 of the Dutch Civil Code you are entitled to:
- Repair — the seller fixes the defect
- Replacement — you receive a new or equivalent product
- A refund — if repair or replacement is not possible or reasonable
Important: for the first two years the burden of proof lies with the seller. They must show the defect did not exist at delivery. After that the burden shifts to you — but a strong legal letter still makes all the difference.
What the shop says is not always correct
Sellers sometimes say: "You are out of warranty", "Our guarantee does not cover this" or "You damaged it yourself." These are standard responses to put you off. As long as the product does not function as you were entitled to expect, you have a legal right — regardless of what the shop claims.
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