What about consumer purchase rights regarding the sale of animals?

Although the law stipulates that animals are not things (Article 3:2a of the Dutch Civil Code), the same consumer purchase rights generally apply to the sale of an animal to a consumer as to ordinary goods — including the right that the animal conforms to the agreement. As a professional seller, you must take this into account.

Animals are not property, but the rules do apply

Since 2013, Article 3:2a of the Dutch Civil Code states that animals are not things. In practice, this changes little: the provisions that apply to things also apply to animals, unless this conflicts with their special nature. If you sell animals to consumers professionally, the rules of consumer sales apply.

Conformity: the animal must comply with the agreement

A sold animal must conform to the agreement (Article 7:17 of the Dutch Civil Code). If it does not meet the characteristics necessary for normal use — for example, an animal with a condition that hinders normal use — then there is non-conformity and the buyer has rights, such as repair, replacement, or rescission.

The presumption of proof in consumer sales

If a defect becomes apparent within a certain period after purchase, in a consumer purchase it is presumed that it was already present at the time of delivery (Article 7:18 of the Dutch Civil Code), unless you, as the seller, prove otherwise. In the case of animals, this can lead to difficult discussions regarding hereditary or acquired conditions.

What can you do as a seller?

You cannot simply exclude consumer rights, but you can make clear agreements regarding health, examination, and liability within legal limits. Good general terms and conditions and a clear purchase agreement prevent many disputes.

Frequently Asked Questions

Is there a statutory warranty period for animals?

There is no fixed statutory warranty period; the determining factor is whether the animal meets what the buyer could reasonably expect. The sooner a defect arises after purchase, the more likely it is to be assumed that it already existed.

Can I limit my liability as an animal seller?

You cannot exclude statutory rights vis-à-vis consumers, and an overly broad limitation can easily become unreasonably burdensome. You can, however, make agreements within the legal limits; have your terms and conditions reviewed in this regard.

Do these rules also apply between companies?

Between entrepreneurs, there is greater contractual freedom, and consumer protection rules do not apply. In that case, your purchase agreement and general terms and conditions are decisive.

Do you sell animals or other items to consumers?

Our legal experts draft your purchase agreement and general terms and conditions that limit your risk within the law. Want to know more about your legal position? View our contract lawteam or schedule a free consultation.