News item | 06-07-2022 | 14:38
With the implementation of the Implementation Act Directives on the sale of goods and the supply of digital content (27 April) consumers are better protected if the purchased product does not meet reasonable expectations. The law ensures, among other things, that the duration of the so-called reversal of the burden of proof has been extended from six months to one year. The law is now being amended for the purchase of animals, so that a period of six months will again apply. This is stated in a proposal by Minister Franc Weerwind (Legal Protection) that was presented to the House of Representatives today.
Reversal burden of proof
With the introduction, the burden of proof in the first year now rests with the seller and not with the consumer. For example, if someone buys a smartphone and they have a problem with the device within a year, the seller must demonstrate that the smartphone was in order upon delivery and that the consumer caused the problem. This puts the consumer in a stronger position.
Live animal exception
Following the legislative discussion in the Senate, the Minister for Legal Protection has promised an amendment law that shortens the term for reversing the burden of proof for consumer purchases of live animals to 6 months. This has also been extended to 1 year under the current law, but is now being reversed with this amendment law. The Senate has asked the government to make this adjustment in order to meet the objection that a one-year period for the reversal of the burden of proof would place a disproportionate burden on sellers of live animals.