Consumer Authority: Dynabyte makes amendments to its guarantee provisions

The Dynabyte company has provided the Consumer Authority with an undertaking that it will henceforth adhere to the regulations governing guarantees and conformity. The company made this undertaking following an investigation by the Consumer Authority. As a result of this undertaking, consumers who purchase a computer from Dynabyte will now receive their statutory rights in the event that a product is not satisfactory or if it ceases to function earlier than could have been expected. Marije Hulshof, Director of the Consumer Authority explains: "Dynabyte is taking a significant step in issuing this undertaking. The company is accepting its responsibilities as a retailer and is demonstrating that it is taking seriously its role as the proper point of contact for consumers if the purchased product should be faulty. This transparency is helpful for the consumer".

Dynabyte is a chain of 47 computer stores with branches throughout the Netherlands. The Consumer Authority investigated this company following the complaints filed with ConsuWijzer. It emerged from the investigation that Dynabyte did not always properly comply with the regulations governing guarantees and conformity. The information on its website, its general terms and conditions and everyday practice in the shops also did not comply with the statutory regulations governing guarantees and conformity. The Consumer Authority announced in its agenda for 2008 that it would investigate the extent to which the electronics sector complies with the regulations relating to guarantees.

Dynabyte acknowledged that in the past it had not always thoroughly complied with the regulations under consumer law that relate to guarantees and conformity. The company was therefore prepared to come to agreements in this matter with regard to the future, agreements which will rapidly create greater transparency for the consumer. The agreements made are in line with the law.

Content of the undertaking

In the undertaking made to the Consumer Authority, it has been established that the company acknowledges its position as the point of contact for consumers in possession of a faulty product. In such a situation, Dynabyte will therefore ensure that the product is repaired or replaced within a reasonable period, irrespective of the policy of the manufacturer. In the event that the product should break down within two years of purchase and it has been used in the proper manner, Dynabyte will repair or replace the item free of charge. After that two-year period has elapsed, the consumer still retains the right to a product that is in working order. Agreements have been laid down regarding this matter as part of the undertaking.

Dynabyte has provided the Consumer Authority with an undertaking that it will amend the manner in which the information is phrased on its website and will also amend its general terms and conditions. Everyday practice in its stores will also be adapted within three months. The Consumer Authority will meticulously monitor the extent to which Dynabyte complies with these agreements and in the event that these agreements are not complied with, the Consumer Authority will then commence enforcement proceedings.

Investigations are also underway in relation to other companies in order to ascertain the extent to which they comply with the regulations governing guarantees and conformity.