Legal Warranty Netherlands: Your Rights When a Product Breaks Too Soon

Prices, fees and rules in this article were checked on 28 October 2026. They can change, so check the linked pages before you decide.

In the Netherlands, a product that breaks too soon is often still covered, even after the shop’s two-year warranty has ended. Besides any warranty from the seller or manufacturer, you always have a legal warranty (wettelijke garantie): the right to a product that works for as long as you could reasonably expect. According to ConsuWijzer, the consumer information service of the Autoriteit Consument & Markt (ACM), that is usually much longer than two years for expensive products; it estimates at least 8 years for a €400 washing machine. The seller, not the manufacturer, must then repair or replace the product for free, or refund you. This guide explains how long the legal warranty lasts, who must prove what, and how to claim.

1. Your warranty rights at a glance

Source: ConsuWijzer (ACM) pages on legal warranty, burden of proof, receipts and repair costs, checked 28 October 2026.

2. Legal warranty versus shop or manufacturer warranty

ConsuWijzer distinguishes two kinds of warranty:

• Seller or manufacturer warranty. A promise that the product will work for a certain time, often around 2 years. The seller or manufacturer chooses the conditions and duration. Sometimes you get it free, sometimes you buy it.
• Legal warranty. You always have it, alongside any other warranty. It means you are entitled to a product that works properly for a certain time. If you used it normally and it still breaks too early, the seller must solve it for free by law.

The legal warranty always takes precedence. If the seller or manufacturer gives less than you are entitled to by law, you use your legal warranty. That applies even if the seller no longer gives any warranty, or if you did not buy an extended warranty. A product that does not offer what you could expect is called non-conformiteit or an ondeugdelijk product (a non-conforming or defective product).

3. How long the legal warranty lasts

The law does not state an exact period. ConsuWijzer explains that the legal warranty lasts as long as you may expect the product to last, which depends on factors such as the type of product, the price and the brand. For expensive appliances you can assume this is much longer than 2 years. ConsuWijzer gives two estimates:

• a €400 washing machine should last at least 8 years;
• a €1,500 television should last at least 7 years.

It also says that for expensive appliances such as a television, fridge or washing machine, the legal warranty can sometimes be 6, 8 or even 10 years. These are ConsuWijzer’s estimates, not fixed legal periods; the seller may disagree, and the outcome depends on your case.

4. When you can claim

ConsuWijzer lists examples of a product that is not good: it is incomplete when you could expect it to be complete; it is damaged without this being mentioned beforehand; you cannot use it for what the seller said or what is normal; it lasts shorter than you could expect; a smart device, digital file or digital service does not get updates you could expect; or the promised manual is missing, or the product breaks by following the manual.

You only have a legal warranty under these conditions:

• You did not have to expect it to break so soon. If you accepted a problem at the time of sale, you cannot complain about it later.
• You used the product normally and did not break or damage it yourself.
• It is not normal wear and tear.
• You maintained the product properly and installed the updates you received.
• You complain to the seller within 2 months of discovering the problem. This condition does not apply to a digital file or digital service that does not work properly.

5. Burden of proof: the first year and after

If the seller says the product broke through your fault, who has to prove what depends on when it broke, according to ConsuWijzer:

• Within 1 year: the law assumes the product was already defective when you bought it. If the seller says it is your fault, the seller must prove that the product was fine at purchase and that you, for example, used it incorrectly. If the seller cannot or will not prove this, you are entitled to free repair or a new product.
• After 1 year: you must show that the product is defective, for example with a photo or video, and that you did not have to expect this yet. If the seller says it is your fault, you must show that you used it normally. ConsuWijzer suggests checking online whether other consumers report the same problem.
• Smart products: the seller also has the burden of proof in the first year. If you were to receive digital files or services for a period, such as personalised training plans with a sports watch, the seller keeps the burden of proof for as long as you would receive them.

Check your seller or manufacturer warranty terms too: sometimes they say you do not need to prove normal use, even after the first year. If you still disagree, ConsuWijzer suggests asking an independent expert, agreeing in writing that the party proven wrong pays the expert’s costs.

6. Repair, replacement or money back

Repair or replacement. Report the problem to the seller as soon as possible and ask for a solution. The seller may send the product to the manufacturer, but remains responsible. The seller must solve it within a reasonable time and without too much inconvenience to you; during a long repair it could, for example, lend you a product. You do not pay for the repair, the replacement or sending the defective product back. If you have not fully paid yet, ConsuWijzer says you may withhold payment until the problem is solved.

A different solution. The seller may choose another solution than the one you asked for if there is a good reason and it does not cause you too much inconvenience, for example replacement when repair is impossible, or repair when the fault is small.

Money back. You are entitled to a refund if, for example, repair or replacement fails; you would have to pay for the repair; the problem is so serious you cannot wait; it takes unreasonably long; the product breaks again; the seller only offers a credit voucher; or it is clear the seller will not solve it. You then dissolve (ontbinden) the purchase agreement and return the product.

You may not always get the full amount back. For a minor fault, you are entitled to an appropriate partial refund rather than all your money or a new product. And if you used the product for a long time without problems, the seller may, in exceptional cases, deduct a usage fee.

7. Receipts, costs and what to say to the shop

• No receipt. For a defective product the seller cannot send you away without a receipt, but may ask for other proof that you bought it there, such as a bank statement showing the item and date, or a witness. Returning or exchanging a product simply because you changed your mind in a shop is a favour, not a right, so there the seller may require the receipt. For online purchases you usually have 14 days to change your mind; see our guide to your 14-day return right.
• Investigation and call-out costs. If the product turns out to be defective through no fault of yours, the seller may not charge investigation costs (onderzoekskosten), call-out costs (voorrijkosten) or other extra costs. Always go to the seller first: if you go straight to a repairer, you lose the right to free repair.
• Second-hand products. The legal warranty transfers to the new owner.
• Sale items. A product on offer must also work properly, so the legal warranty applies.
• Sample letters. ConsuWijzer offers free sample letters (voorbeeldbrieven) to ask for repair or replacement, to object to extra charges, to refuse a credit voucher and to dissolve the purchase. Keep a copy.
• Report it. If you cannot agree, you can report the problem to ConsuWijzer, which helps the ACM see which companies do not follow the rules.

8. FAQ

How long is the warranty on electronics in the Netherlands?

There is no fixed legal period. The legal warranty lasts as long as you may expect the product to last. ConsuWijzer estimates, for example, at least 7 years for a €1,500 television.

The shop says my 2-year warranty has expired. Do I still have rights?

Possibly. The seller’s warranty may have ended, but the legal warranty can last longer, especially for expensive products.

Do I have to go to the manufacturer?

No. Under the legal warranty the seller is responsible. The seller may involve the manufacturer, but must make sure the problem is solved.

Can a shop refuse because I lost the receipt?

Not for a defective product, if you can prove the purchase another way, such as with a bank statement.

Who has to prove the product was defective?

In the first year, the seller must prove it was not defective at purchase. After the first year, you must show it is defective and that you used it normally.

Can the shop give me a credit voucher instead of a refund?

If the seller only offers a credit voucher when you are entitled to a solution, ConsuWijzer says you may ask for your money back.

🇳🇱 Dutch Corner

Sources

• ConsuWijzer (ACM): Garantie (checked 28 October 2026)
• ConsuWijzer (ACM): Garantie maar 2 jaar? Vaak niet waar! (checked 28 October 2026)
• ConsuWijzer (ACM): Bewijslast bij kapot product (checked 28 October 2026)
• ConsuWijzer (ACM): Aankoopbon bij kapot product of ruilen (checked 28 October 2026)
• ConsuWijzer (ACM): Voorrijkosten en onderzoekskosten (checked 28 October 2026)