Consumers often insufficiently protected in furniture and kitchens sector

The Consumer Authority has established that the general terms and conditions of many stores in the furniture and kitchens sector are unfairly restricting the rights of consumers. This constituted sufficient reason for the Consumer Authority to investigate the unilateral general terms and conditions, otherwise known as 'the small print', of 10 store chains with well over 300 branches in total. The enforcement authority focused in particular on the terms and conditions that govern matters such as guarantees, delivery times and liability. In its investigations, the Consumer Authority found well over 100 unreasonable terms and conditions in total, and of all the sets of general terms and conditions that were checked, not a single one was completely acceptable. Marije Hulshof, Director of the Consumer Authority explains: "The general terms and conditions form the rules of play between the company and the consumer. In this sector, it is often the case that purchase prices are high and the delivery times are long. The role of the Consumer Authority is to uphold fair trading between companies and consumers. If the general terms and conditions restrict consumers' statutory rights, we then take action in this matter". Companies have until mid-March to adapt their terms and conditions in accordance with the requirements of the Consumer Authority.

General terms and conditions in the Netherlands

The Consumer Authority has investigated unilateral general terms and conditions. Business owners who are affiliated to the Central Association for the Interiors Sector (CBW) [Centrale Branchevereniging Wonen] operate under the general terms and conditions of the CBW. These conditions are bilateral, in that they were drawn up in consultation with consumer organisations and business owners. These bilateral terms and conditions provided by the CBW ensure that the statutory rights of the consumer are observed.

The following illustrate examples of unfair general terms and conditions that were found by the Consumer Authority:

Guarantees

The rights relating to guarantees are restricted ("The guarantee scheme shall only apply in the event that an original purchase receipt can be produced") or consumers who file a complaint are incorrectly referred to the manufacturer, when in fact, the retailer is the first point of contact.

Delivery times

The retailer unfairly states that the consumer may not derive any rights from an agreed delivery time ("An agreed delivery date may not be regarded as a definitive date").

Liability

The retailer excludes any liability for damage in all cases ("We shall not be liable for any damage caused on our part to the other party").

Further information about this is available for consumers on the ConsuWijzer website.

The investigation into general terms and conditions in the Benelux countries

The Consumer Authority conducted part of its investigation into general terms and conditions that apply in the furniture sector in collaboration with the enforcement authorities in Belgium and Luxembourg. It emerged that consumers in all three of the Benelux countries were faced with the same issues as far as the 'small print' is concerned. The enforcement authorities are therefore taking action against unreasonable terms and conditions and they also demand that these are brought into line with the law. As a result of this action, consumers will benefit from a greater degree of protection as far as cross-border purchases are concerned.