Legislator Case Law & Legislation
ECLI:NL:RBAMS:2016:9384 ECLI:NL:RBAMS:2016:9384 AI generated

Consumer court awards damages to buyer for delivery damage against retailer and installer.

Case Number ECLI:NL:RBAMS:2016:9384
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court ruled in favor of the consumer buyer against Media Markt and its installer, Multi Installatie Service B.V., regarding damage to a patio floor and sliding door frame upon delivery. While the retailer initially refused liability citing general terms, the court found the installer's rejection of the claim insufficiently motivated and the consumer's evidence of damage credible. Consequently, the court ordered the retailer to pay the full claimed damages, out-of-court costs, and legal fees, rejecting only the consumer's request for additional interest on those costs.

Legislator headnote

AI generated

Articles 6:162 BW; Article 7:19 BW; Article 6:218 BW: A consumer may claim damages from the retailer for delivery damage caused by the installer, provided the claim is substantiated by evidence and the installer's refusal is not adequately justified.

Keywords

AI generated
consumer protection delivery damage retail liability subcontractor defense patio floor repair out of court costs Burgerlijk Wetboek

Cited Legislation

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Article 6:162 BW
Article 7:19 BW
Article 6:218 BW
artikel 6:76 BW
artikel 6:171 BW
artikel 21 Rv
AI generated

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