Introduction
Dear consumers of Sint Maarten, there is an important development in European consumer law that may also have consequences for you: the “right to repair.” This new regulation could be relevant for Sint Maarten through the concordance principle.
What is the Right to Repair?
The right to repair means that sellers are obligated to repair products when possible, instead of immediately proceeding with replacement or refund. This fits within the framework of sustainability and consumer protection.
Local Legislation
In Sint Maarten, consumer rights are protected by the Civil Code, specifically in Articles 5, 6, and 7 (and following). These articles provide a basis for consumer protection comparable to European standards.
Online Purchases
An important point for consumers in Sint Maarten is that this regulation may also apply to:
- Products purchased online
- Purchases from international platforms like Amazon
- Products bought from European sellers
What Does This Mean for You as a Consumer?
- More rights: You may have the right to repair of defective products
- More sustainable solutions: Repair becomes the preferred option over replacement
- International protection: Especially for purchases from European sellers
- Extension of the warranty period by one year after repair
Practical Application
If you purchase a product that becomes defective:
- Keep your proof of purchase
- Contact the seller
- Reference the right to repair
- Emphasize that this regulation may also apply in Sint Maarten through the concordance principle
Concordance Principle
The concordance principle suggests that legal developments in the Caribbean part of the Kingdom should align as much as possible with those in the Netherlands. This means that the European right to repair could potentially be applied in Sint Maarten as well.
Preliminary Conclusion
Although the exact scope still needs to be determined, it appears that:
- The right to repair applies to purchases from European sellers
- This certainly applies to online purchases from European webshops
- Through the concordance principle, this protection could also apply to local purchases in Sint Maarten
Advice to Consumers
– Stay informed about your rights
– Always keep your proof of purchase
– When problems arise with a product, first request repair
– Inform sellers about this new development in consumer law
Finally
This development in consumer law can represent an important strengthening of your rights as a consumer in Sint Maarten. It is important to know these rights and use them when necessary.
Consult your lawyer for further advice if needed.
Sint Maarten, January 9, 2025
Cor Merx
Attorney at Law
