Thousands of complaints about electronics warranties, ACM threatens sellers with fines

According to the Netherlands Authority for Consumers and Markets (ACM), there are several flaws. For example, "many sellers" indicate that the warranty period expires after two years by default. "Wrongly," says Edwin van Houten, Director of Consumer Affairs at the ACM.

The warranty period varies by product, and there's no fixed legal warranty period in the Netherlands. In many cases, the warranty exceeds two years, Van Houten writes in a warning letter addressed to sellers. However, there is a legal guarantee . This means that every Dutch person "always has the right to a good product."

Redirection is not allowed

What also happens is that many sellers "standardly" refer consumers to the manufacturer when it comes to warranty claims. This is despite the seller being responsible for the legal warranty. "The seller therefore provides a solution themselves and does not shift responsibility to the manufacturer," the warning letter states.

The ACM's third point is that the seller is wrongly charging fees. These include call-out charges, investigation fees, and/or repair costs.

The investigation, including any shipping costs, and the repair must be free of charge. The seller may only charge a fee if the investigation shows that the defect or damage was caused by improper use by the consumer, the ACM writes.

According to the regulator, it also happens that a solution isn't provided within a "reasonable time." "With a statutory warranty, the consumer is entitled to a good solution within a reasonable time and without significant inconvenience. If repairs within a reasonable time don't produce the desired result, the seller must replace the purchase or refund the money."

If a repair is no longer possible, the seller must replace the purchase or refund the money at the consumer's request.

Fines are looming

The Netherlands Authority for Consumers and Markets (ACM) is now giving businesses the opportunity to change their practices. After three months, the regulator will verify whether this has been done, according to the regulator. If nothing changes, the ACM can take enforcement action. Fines are being threatened.

"We are therefore calling on retailers to critically review and adjust their warranty and repair procedures. This ensures that consumers get what they're entitled to: a properly functioning product for as long as you can expect," concludes Van Houten.

The Netherlands Authority for Consumers and Markets (ACM) is often strict. In 2020, the watchdog already wanted to take stricter action against greenwashing. In other words, pretending to be greener than you actually are: