Purchase of services
Certain rules apply to the purchase of services involving work on or repairs to real property or chattels, such as furniture, computers or vehicles, and the storage of chattels.
Purchase of services
When agreeing on a project that costs a considerable amount of money or has to be delivered by a certain time, it is advisable to make a written contract, because it can be difficult to prove what was agreed on if the contract is verbal. There is a standard service agreement that consumers and sellers can use when negotiating the purchase of services.
Price and payment
If a price has not been negotiated in advance, the consumer must pay the price that can be considered reasonable, taking into account the extent of the work and its nature. He can then demand that the seller provide him with an itemized invoice for the service and does not have to pay until he has received such an invoice.
If the seller has made a price plan, the price must not significantly exceed that plan, unless the price has increased due to circumstances that he could not foresee. However, the seller must notify the buyer immediately and request instructions about the work.
The stated price should be the final price to the consumer. Value added tax and other public charges should be included in the price, unless the consumer has demonstrable knowledge that they are not.
If it turns out that additional work needs to be done in order for the work that was agreed to be completed satisfactorily, the seller must request the consumer's instructions, unless there is an insignificant cost increase or special reasons recommend that the consumer wants to have the work done. .
Cancellation or costly repair
The consumer is allowed to cancel the service he has requested and request that further work be stopped even if the work has started.
In the event of cancellation, the seller may be entitled to payment for the part of the work that has already been completed, as well as for the work that needs to be completed despite the cancellation. In addition, the seller can claim damages, but is obliged to limit his losses. However, the consumer's obligation to pay cannot exceed the total price of the work that has been agreed upon.
If the seller of a service considers the purchase of the service uneconomical for the consumer, for example if a repair does not pay off, he is obliged to inform the consumer of this even if work has started.
Defective services
If a job is not performed professionally and correctly it is considered defective. The service is also defective if the results of the work are not as agreed, even if the deviation from the agreement is the result of a mishap, accident or defective materials used by the seller in the job.
If the service turns out to be defective, the consumer must notify the seller as soon as possible. If the consumer has not done so within a reasonable period of time after he became aware of the defect or could have become aware of it, he loses his right to complain about the defect.
The buyer does not lose his right to make a claim due to a defect, even if a defect is discovered later, or the parties have taken out the work afterwards and the buyer declared that the work was in order. The maximum deadline for complaining about a defect in a service is two years from the date of delivery of the service, unless the seller has taken responsibility for a defect for a long time, violated general business practices or otherwise demonstrated gross negligence in the execution of the work. You can make a claim for damages for 10 years.
Consumer rights
If a service is defective, or if schedules are not met, the consumer may claim redress, termination, discount (e.g. if the defect cannot be remedied or only remedied in part) and damages. The consumer may hold back payments until the defect has been remedied.
Irrespective of whether the buyer demands a discount or damages, the contractor is entitled to rectify the defect within a reasonable period if such rectification is done without extra cost or significant inconvenience, unless the buyer has definite and valid reasons for rejecting such rectification, e.g. if the contractor has behaved in an unacceptable manner.
Other services
The general rules described above apply to the purchase of other services. This includes air travel, package tours etc.
Links of interest
Service provider
The Consumer Agency