What to do if you have problems with your purchase?

Questioner

Dear, I bought a watch for €30 from a company 2 months ago. This company states in its general terms and conditions that they do not provide a guarantee on the watch strap itself, only on the battery and the movement. Now, after 2 months, a pin has come loose and the watch could no longer be worn. In the store, I was told that I had to pay €2.50 for this because it is not covered by the guarantee. This is of course a small amount, but it is more about the principle. But legally, I am entitled to a sound product and they should replace something like this for free, especially if it happens so quickly? They also said that I should keep the receipt and that if the pin fell out again in the short term, they would replace it for free. I would like to know what exactly I can do in this situation? I have already called customer service but they are not exactly friendly there either and do not go along with anything. According to the law, I am entitled to a proper product within a certain time? Thanks in advance for your effort!

Lawyer

Yes, that's right. The law reverses the burden of proof if a defect appears within six months on almost all products: the seller must prove that the defect (only finishing, etc.) did not already exist at the time of purchase. If he cannot do this, you are entitled to free repair then replace.

Questioner

Thanks for the response! I have indeed already indicated that I am legally entitled to a free replacement, but they simply do not agree. Neither in the store nor with customer service. What steps can I take now?

Lawyer

Invoke in writing and by registered mail on articles 7:19, 20 and 21. BW Give them two weeks to respond otherwise you will dissolve and get your money back. If it is a matter of principle I can also write a short letter for you.

Questioner

It is indeed mainly about the principle, but I do want to receive the 2.50 euros of course. If you can write a short letter for me, I would be very happy!

Lawyer

There are costs involved, which is why I have also mentioned the articles, see further title 1, especially 17 and following. http://wetten.overheid.nl/BWBR0005290/2018-02-01