A A A

Home » Topics » Dispute resolution » Dispute resolution


22/01/2007

You purchased goods (or a service) and you are not satisfied

Every purchase of a product or service presupposes a (written or oral) contract. Every contract involves at least two parties: the seller and the buyer. Each party has its rights and obligations: the seller should supply the goods or services as provided under the contract and the buyer should pay the price agreed.
In Belgium this is regulated by law in the Trade Practices Act of 14 July 1991 and the Civil Code.

You have purchased goods and realise that the goods are defective after purchase.

What can you do – 5 steps?

  1. Contact the seller and explain why you are dissatisfied. If your reasons are justified then you can reasonably expect the seller to repair or replace the goods, offer you a discount or reimburse the full sum. It’s in the seller’s interest to have satisfied customers.
  2. Sometimes a seller will not listen to your complaints or will feel that your complaints are unjustified. He might then choose to propose an alternative, for example a discount instead of the reimbursement of the goods. In that case you can choose to accept his proposal or stick to your guns if you feel that he is being unfair. Bear in mind that a friendly settlement is the easiest, cheapest and fastest way to a satisfying result. A compromise that both parties can agree upon is often the best solution.
  3. If you cannot arrive at a compromise, then you have a clear complaint. Put it on paper: write a letter in which you detail the facts. Add a copy of the most important documents to your letter (such as the cash receipt, the invoice, the purchase order) (Example: I purchased a bread toaster on 26 May 2004 and when using it for the first time, four days later, I noticed that the spring mechanism did not work properly. I notified the seller of this on 31 May who stated that nothing was wrong). Clearly state your expectations as regards compensation. Be reasonable about your demands, they will be easier to meet (example: I want my toaster to be replaced by a similar appliance or I want it to be repaired within 10 working days). State clearly in your letter by which date you expect a response. Reasonable terms are for example 10 working days or 14 days. Send the letter by registered mail to the seller. If you have the store manager’s or owner’s name, then address the letter to him or her personally.
  4. If you do not receive an answer or instead receive an unsatisfactory answer then contact the ECC for free information and advice. Make a copy of the most important documents (purchase order, general terms and conditions, your letter, any answers that you might have received). Our legal advisers will study your case and inform you about your rights as a consumer. If necessary they will write a letter to the seller on your behalf with an urgent request to comply with your demands.
  5. If the seller stands by his refusal, then you (or the legal adviser representing your case at the ECC) can turn to a reconciliation committee, a disputes committee or an ombudsman bureau, which are available in some sectors and which offer an efficient solution in a time and cost-efficient manner. Should such a service not be available, then your legal adviser will advise you about the feasibility of a legal procedure.