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ACM warns: retailers must comply with warranty rules

Summary

  • ACM is calling on sellers of large domestic appliances and consumer electronics to improve compliance with the warranty rules.
  • Each year, ACM receives thousands of reports from consumers about poor handling of warranty issues.
  • Sellers that fail to comply with the rules risk enforcement actions.

The Netherlands Authority for Consumers and Markets (ACM) calls on sellers of consumer electronics and large domestic appliances to improve compliance with the warranty rules. Each year, ACM receives thousands of reports from consumers about poor handling of warranty issues. These reports reveal that consumers often have to pay unjust fees, are sent from pillar to post, and do not get what they are entitled to. That is why ACM is now reminding these sellers of their statutory obligation to guarantee consumers a properly working product for the duration of the expected lifespan. In addition, ACM explains what this actually means for sellers. Sellers that do not comply with the rules regarding warranty and repairs risk facing enforcement actions.

Edwin van Houten, Director of ACM’s Consumer Department, explains: “Many sellers wrongfully assume that a consumer’s right to warranty expires after two years. As a result, consumers that exercise their right to warranty run into all kinds of problems. This is reflected in the reports that our consumer information portal ACM ConsuWijzer receives. That is why we are now calling on retailers to take a critical look at and, if needed, adjust their procedures for warranty and repairs, so that consumers know what they are entitled to: a properly working product for as long as they should be able to expect.

What problems do consumers face?

What problems do consumers face when reporting their faulty appliances and exercising their warranty rights? The problems that are mentioned the most are:

  • The seller says that the warranty automatically ends after two years.
  • The seller automatically refers to the manufacturer in the case of a question about warranty, whereas the seller is responsible for handling the claim.
  • The seller charges fees such as call-out fees or administrative fees, even though the repair falls within the statutory warranty. In that case, the seller cannot charge such fees.
  • After repeated repairs that do not solve the problem, the seller does not offer a suitable alternative.
  • The seller says that a repair is not possible, but fails to offer a suitable alternative.

In the letter, ACM uses examples to explain how the rules regarding warranty must be applied in practice. ACM now offers businesses the opportunity to adjust their procedures. After three months, ACM will check if they have done so. If not, ACM can take enforcement actions, for example, by imposing fines.

The discussion about warranty between consumer and seller is often also about the product’s expected minimum lifespan. ACM welcomes the fact that market participants are having conversations about drawing up a list of up-to-date and realistic lifespans for each product.

Consumers’ knowledge about their rights

Consumers do not always know what their rights are regarding warranty. A lot of information about warranty can be found on the website of ACM’s consumer information portal ACM ConsuWijzer, including what consumers can do if an appliance breaks down while, in all reasonableness, you do not expect this to happen yet.

Consumers also continue to be able to report their experiences regarding warranty to ACM ConsuWijzer. This helps ACM also gain more insight into the effect of the letter.
Well-functioning warranty system promotes sustainability
ACM is committed to ensuring that markets work well for people and businesses, now and in the future. A well-functioning warranty system stimulates manufacturers and sellers to deliver high-quality products that last a long time. After all, they will otherwise have to foot the bill for repairs or replacements. In this way, warranties help extend product lifespans and reduce waste.

See also

See also

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