Statutory guarantee: what to do before contacting the seller

An appliance stops working, a jacket comes apart at the seam or a piece of furniture is quickly damaged during normal use. The question is then often: statutory guarantee (wettelijke garantie), what should you do? Many people immediately look for a guarantee period or contact the manufacturer straight away. That is understandable, but calm preparation can make a great deal of difference.

At its core, statutory guarantee concerns the question of whether a product has delivered what you could reasonably expect from it. Relevant factors include the type of product, the price, the way it was presented, the agreements made and normal use. It is therefore not only important that something is broken, but also how the defect arose and what was promised in advance.

In this article, you will read how to deal with a problem in an organised way before a disagreement becomes more serious. General information is not personal legal advice.

Start with the right question: does the product meet expectations?

A commercial guarantee from a shop or manufacturer is not the same as a statutory guarantee. A guarantee certificate may provide additional conditions, but it does not simply take away a consumer's statutory rights. Conversely, the end of a manufacturer's guarantee does not automatically mean that nothing more can be done.

The practical question is therefore not only whether the product is still “under guarantee”. First ask whether, in view of all the circumstances, the product still meets what you could reasonably expect from it. Consider, for example:

• the description on the product page, packaging or quotation;
• advertising statements or characteristics emphasised by the seller;
• the price and the brand or quality level;
• the nature of the product and its usual lifespan;
• the way in which you have used and maintained the product;
• visible damage, wear and tear or a technical defect;
• any agreements concerning a second-hand, refurbished or damaged product.

A cheap kettle and an expensive washing machine do not have to create the same expectations. Expectations may also differ for a second-hand product if its condition was clearly discussed when it was bought. A defect that was already known about is different from an unexpected fault.

Step 1: record the problem before changing anything

As soon as you discover a defect, it is sensible to gather evidence. This does not have to be a complicated legal file. The purpose is straightforward: it should later be clear what was wrong, when you discovered it and how you dealt with it.

Take clear photographs and, if helpful, a short video. For example, film an error message, an appliance that will not start or a loose component. Also note down in your own words what you noticed: “the zip gets stuck”, “the screen flickers after a few minutes” or “the chair creaks and tilts to one side”. A specific description is more useful than simply saying “it does not work”.

Also keep the purchase confirmation, invoice, order details, product description and all previous messages with the seller. Check whether you have instructions for use, maintenance requirements or installation instructions as well. If the seller later claims that the product was used incorrectly, this information may be relevant.

Do not continue using the product unnecessarily if this could make the damage worse

Continuing to use a product while it is clearly unsafe or becoming more damaged is rarely sensible. For example, stop using an electrical appliance with a damaged cable. Keep any loose parts and do not immediately throw away the packaging if a return or inspection may be possible.

This does not mean that you must first carry out an extensive technical test yourself. Nor should you start tinkering, repairing or replacing parts without discussion if you wish to hold the seller accountable. A repair you carry out yourself may make it harder to establish the cause and make the discussion more complicated.

Step 2: check with whom you entered into the agreement

With an online purchase, the website, the platform and the seller are not always the same party. In order to rely on a defect, the party that sold you the product is usually important. Therefore check the name on your invoice, order confirmation or payment statement.

A manufacturer may sometimes offer its own repair service or additional guarantee. That may be practical, but it does not automatically change who your contractual point of contact is. If you bought through a marketplace or platform, it is particularly important to establish whether you bought from the platform itself, a professional third-party seller or a private individual. The rules and options may differ depending on the situation.

Step 3: report the defect clearly and in writing

Report a defect as soon as you discover it. Written contact is useful because you can then review what you reported and what solution you requested. You may call to save time, but briefly confirm an important telephone conversation afterwards by email, chat or message.

Keep your message factual and calm. You do not need to threaten legal action or use legal terms straight away. A clear report will usually include:

1. your order or invoice number;
2. the purchase date and the name of the product;
3. a brief, specific description of the defect;
4. when and during what use you discovered it;
5. the available photographs or videos;
6. your request for an appropriate solution.

For example, you could write: “I hereby report that the product is not functioning properly. During normal use, the following problem has arisen: [description]. I ask you to discuss with me how this can be investigated and resolved. Photographs and my proof of purchase are enclosed.”

Stick to the facts. Accusations such as “you sell rubbish” will usually not lead to a solution any faster. Nor is a demand for an immediate refund the first appropriate step in every situation. It will often first need to be considered whether repair or replacement is possible and reasonable.

Step 4: consider an appropriate solution, but remain in control

Where a product does not conform to the agreement (niet aan de overeenkomst beantwoordt), repair or replacement may be appropriate. Which solution is suitable depends on the defect and the circumstances. Sometimes repair is logical, for example where a component can easily be replaced. In other cases, replacement is more appropriate. If a solution is not provided, does not work properly or is not reasonable, other options may come into view.

If the seller asks you to do so, allow the product to be inspected. Ask in advance how postage, collection, inspection and any data on a device will be handled. With a telephone, laptop or smart device, it is sensible first to make a backup and sign out of personal accounts, insofar as this is possible without affecting the evidence.

Pay particular attention to these points:

• ask whether you will receive a postage label, collection appointment or delivery instructions;
• keep proof of posting and, where necessary, take photographs of the condition before sending it;
• ask what will be investigated and when you can expect a response;
• do not agree to charges where the basis for them is unclear;
• read a proposal for a voucher, discount or repair condition carefully first.

Step 5: respond to a rejection with focused questions

A rejection is not always the end of the conversation. Sometimes the response is general: “damage caused by use”, “outside the guarantee” or “contact the manufacturer”. Then ask specifically what the seller bases that conclusion on. Has the product been inspected? What damage was observed? Which condition does the seller believe applies?

Compare that response with your records. If necessary, send additional photographs, the original product description or a short timeline. If the response remains insufficiently clear, ask again in writing for a substantive assessment and a proposal. A businesslike tone and well-organised supporting information often work better than many separate messages.

A practical timeline prevents discussion

Create a short overview for yourself of the purchase, first use, discovery of the problem, first report, responses and dispatch. Also keep screenshots of chats and automatic acknowledgements of receipt. This is useful if you later speak to a member of staff who does not know the earlier correspondence.

Do you have a complicated or costly dispute, or is there disagreement about the cause of the defect? It may then be sensible to have your situation legally assessed before taking further steps. In any event, do not be discouraged solely because you are told that a commercial guarantee period has expired. Look at the product, the expectations and your supporting information.

Disclaimer: this article provides general information about statutory guarantee and is not individual legal advice. The assessment always depends on the purchase, the product, the defect and the information available.