Belgian Consumer Rights: What to Do If Your New TV Arrives Damaged

Purchasing a new television should be an exciting experience, but discovering it’s defective upon delivery can be incredibly frustrating. In Belgium, consumers have strong legal protections in these situations, even if a retailer attempts to invoke “hidden defects” (casse occulte). This article outlines your rights and the steps you should take if your new TV arrives damaged.

Understanding “Hidden Defects” (Casse Occulte)

A “hidden defect” refers to damage to goods that isn’t immediately apparent upon receipt or at the point of sale. It’s a material damage that isn’t detectable without thorough inspection, which is often impossible before leaving the store or signing for delivery.

Your Legal Guarantee in Belgium

Despite what a retailer might claim, Belgian law prioritizes the legal guarantee over any internal store policies regarding hidden defects. This means you are legally entitled to a resolution, even if the damage wasn’t visible when you signed the delivery note.

Specifically, you have a two-year legal guarantee from the date of delivery. During this period, the seller is responsible for defects that existed at the time of delivery. Signing the delivery slip doesn’t waive your rights, particularly if the defect wasn’t visible during a cursory inspection.

What to Do If Your TV Arrives Damaged

1. Document the Damage: Immediately take clear photos of:
   • The intact packaging (showing no visible external damage).
   • The damaged television.
   • The interior packaging materials.
2. Contact the Seller: Send an email to the store outlining the issue and attaching the photos. Clearly state that you are invoking your legal guarantee of conformity and request either a replacement or a full refund.
3. Consumer Mediation Service: If the store refuses to cooperate, you can contact the Consumer Mediation Service. This is a free and impartial service that can help resolve disputes between consumers and businesses.

The Carrier’s Role

While carriers may require visible reservations for apparent damage, this doesn’t apply when the packaging appears undamaged and the defect is only discovered after unpacking. The responsibility ultimately lies with the seller to deliver a conforming product.

Key Takeaways

• You have a two-year legal guarantee in Belgium for defective goods.
• “Hidden defects” do not invalidate your warranty rights.
• Document all damage with photos.
• Contact the seller in writing, requesting a replacement or refund.
• If necessary, utilize the Consumer Mediation Service.