Eight situations, each with its own legal basis. If you do not recognise your case here, submit it anyway: the list is not exhaustive.
We handle only disputes between a consumer and a business about a purchase. Below, for each situation, is what it turns on, what the claim rests on, and what we demand on the client's behalf.
The consumer has paid and nothing was ever delivered, or there is a delivery confirmation without a parcel having arrived. Under article 7:9(4) of the Dutch Civil Code, in a consumer sale the seller delivers without delay and in any event within thirty days, unless another period was agreed. If delivery still fails after a reasonable period has been set, the seller is in default under article 7:19a(1) and the contract can be rescinded.
We claim: rescission and refund of the full purchase price including shipping costs. Proof of delivery rests with the seller, not with the consumer.
The consumer withdrew within the cooling-off period and sent the product back, but no money arrives. Article 6:230r(1) obliges the trader to refund all payments received, including delivery costs, no later than fourteen days after receiving the withdrawal. Under paragraph 4 the trader may wait until the goods are back or until the consumer demonstrates that they were sent back, but no longer.
We claim: the full amount including the cost of standard delivery. Because this is a statutory period, default arises by operation of law and no notice of default is required under article 6:83(a).
What arrived is not what was ordered: a different size, a different model, a counterfeit, or simply the wrong item. That is not a returns matter but non-conformity within the meaning of article 7:17. The consumer does not need to invoke the cooling-off period and is therefore not bound by returns conditions either.
We claim: repair or replacement at no cost under article 7:21, with the seller taking the item back at its own expense, or failing that rescission and refund.
The retailer sent the wrong or a defective product and then makes the consumer pay for the return shipment, or offsets those costs against the refund. In cases of non-conformity, the costs of performance cannot be charged to the buyer under article 7:21(2), and under paragraph 7 the seller takes the item back at its own expense.
We claim: refund of the return costs borne, as a payment made without legal ground within the meaning of article 6:203, in addition to everything else owed. See also return costs, who pays.
The product was damaged on arrival or broke shortly afterwards. If the defect appears within one year of delivery, article 7:18a(2) presumes that the item already failed to conform to the contract at the time of delivery. The burden of proof then lies with the seller and not with the consumer.
We claim: repair or replacement at no cost, and failing that rescission with refund. See also the presumption of proof in the first year.
The seller rejects a warranty claim by pointing to the manufacturer's warranty, to an expired period, or to its own terms. That is a common misconception: alongside any commercial warranty there is the statutory conformity requirement of article 7:17, and under article 7:6(1) that cannot be limited or excluded to the consumer's detriment. A product must last as long as the buyer may reasonably expect.
We claim: performance under the statutory conformity requirement, regardless of what the warranty card says.
The retailer responds to nothing, the contact form vanishes into the void and customer service does not exist. For us that is not an obstacle but a starting point. Under article 3:15d of the Dutch Civil Code a trader must make its identity and address findable, and article 6:230m(1) requires contact details to be provided before the contract is concluded. We trace the party through the commercial register, the domain registration, the payment service provider and the address in the terms and conditions, and write to every traceable address at once.
We claim: the full amount, and report where possible to the trustmark holder, the payment service provider and the regulator.
If the retailer becomes insolvent the route changes. A claim is then lodged with the trustee and enters the ranking of creditors, where a consumer is almost always last. We say so honestly: in most insolvencies an unsecured claim yields nothing. Other routes do sometimes remain, such as a chargeback on a credit card payment, a claim under a trustmark guarantee, or director liability where mismanagement can be demonstrated.
We assess: whether any route remains that would yield something. If there is none, we say so and do not take the case. See also chargeback by payment method.
Submit it anyway. We test every submission for legal basis and enforceability and confirm within one business day whether we take it on. It costs you nothing.
Submit it with the order confirmation and proof of payment. We assess whether there is a legal basis. It costs you nothing.