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If you purchase commercially via Marktplaats, you have fewer rights than a consumer. The right of withdrawal and extended consumer protection do not apply; what applies is determined primarily by the agreements made and the statutory rules for ordinary purchases. 'A purchase is a purchase' often applies here.
Buying for business is different from buying as a consumer
Marktplaats is also useful for businesses to buy goods, office furniture, or machinery at an affordable price. However, if you are buying as a business—whether from a private individual or another company—you do not enjoy the extensive protection that consumers have. For example, there is no statutory right of withdrawal.
Agreements and advertisement take precedence
What you can expect depends primarily on the agreements and what is stated in the advertisement. The purchased item must comply with what has been agreed (conformity), but between businesses, the seller can limit their liability and warranty further than towards a consumer. Therefore, read the advertisement and any terms and conditions carefully.
Duty to investigate and purchase = purchase
As a business buyer, you have a duty of due diligence: examine the product carefully and ask questions before purchasing. Once you have bought, 'purchase is purchase' often applies — you cannot simply back out. Complaining afterwards about something you could have seen rarely succeeds.
Protect yourself in advance
For a larger or important purchase, record the agreements in writing: what you are buying, in what condition, and with what warranties. Keep the advertisement and the communication. This puts you in a stronger position if something turns out to be wrong.
Frequently Asked Questions
Do I have a right of withdrawal if I make a business purchase?
No. The right of withdrawal applies to consumers. As a business buyer, you cannot cancel the purchase without an agreement.
Can I complain about a defect?
Only if it does not comply with what was agreed and you could not have seen it. Moreover, the warranty may be limited between businesses.
What does 'koop = koop' mean?
That, in principle, you are bound by the purchase after the buy. Therefore, research the product thoroughly beforehand.
Have a business purchase evaluated?
Our legal experts advise on your rights and draft a purchase agreement . View our contract lawteam or schedule a free consultation.
