It is likely that, in general, you will be satisfied with most products and services purchased from a CBW-approved home furnishings store. Problems rarely arise, but when they do, they are often resolved in consultation with the store. However, sometimes a resolution is not possible. In that case, you can submit an official dispute to us. We ensure an independent and impartial handling of the dispute. Since this is not a daily occurrence for you, we have already addressed many of the questions we receive.
Quick, expert, and independent
resolution of disputes in the housing sector
Frequently asked questions
Frequently asked questions
General
1. How do I know whether the entrepreneur I purchased from is CBW recognized and therefore affiliated with UitgesprokenZaak.nl?
You can check at www.cbw-erkend.nl whether the entrepreneur is currently affiliated with CBW-erkend. If you cannot find the entrepreneur, it is still possible that the entrepreneur was affiliated at the time of your purchase. You can ask your question about this via the contact form at www.cbw-erkend.nl.
2. Can I also get legal advice about my complaint from UitgesprokenZaak.nl?
No, that is not possible. UitgesprokenZaak.nl is an independent foundation and therefore cannot provide legal advice to any of the parties. We recommend that you contact, for example, the Consumers' Association (‘Consumentenbond’), the Legal Desk (‘Het Juridisch Loket’), your legal expenses insurer, or a lawyer. You will also find a lot of useful information at www.consuwijzer.nl.
3. When can I submit a dispute to UitgesprokenZaak.nl?
Stichting UitgesprokenZaak.nl handles disputes about a purchase from January 1, 2020 at a CBW-approved home furnishing store. The foundation may handle the dispute if the complaint has been reported and, in short, the entrepreneur has been given the opportunity to respond to your report and to investigate, assess and resolve the complaint. The exact rules can be found in Article 20, paragraphs 2 and 3 of the CBW approved conditions for home furnishing stores, which apply to the purchase.
4. Why can’t I reach UitgesprokenZaak.nl by telephone?
It turns out that most consumers need legal advice and ask questions about their complaint. As a neutral party, UitgesprokenZaak.nl cannot provide legal advice. Other questions concern the file and it is for procedural reasons not eligible to communicate with a party in a file by telephone. A question in the file can of course be asked via a message in the dispute system.
5. I have a dispute with a CBW-approved home furnishings store, but I bought before January 1. Can I submit my dispute to you?
No, that's not possible. If you have a dispute about a purchase you made before January 1, 2020, you can submit your dispute to the Geschillencommissie Wonen.
6. Why is it impossible for UitgesprokenZaak.nl to (further) handle a dispute if an entrepreneur no longer exists?
An entrepreneur who has actually ceased (sales)activities or is bankrupt will no longer defend himself. A balanced assessment of the dispute, based on hearing both sides, is then no longer possible.
About the procedure
1. I am considering filing a dispute, what can I do?
We advise you to inform the entrepreneur from whom you purchased the product or service that you are considering submitting a dispute to UitgesprokenZaak.nl. There is a chance that you and the entrepreneur will still find a mutual solution. This prevents costs for the dispute for both parties. UitgesprokenZaak.nl will not refund dispute costs if you reach a solution after the dispute has been submitted.
2. When does a complaint become a dispute?
A complaint becomes a dispute if you cannot reach an agreement with the entrepreneur. This is the case if:
- you have reported the complaint to the entrepreneur; and
- the entrepreneur has had the opportunity to respond to the complaint, to acknowledge or reject the complaint and, in the case of a recognized complaint, to resolve it. The entrepreneur has six weeks to resolve the complaint, unless otherwise agreed or the entrepreneur has indicated another reasonable period necessary to resolve the complaint.
- the entrepreneur has made you an offer that you do not want to accept and you have verifiably rejected it. In the following two weeks, the entrepreneur did not respond or make you an amended offer.
- the entrepreneur has rejected the complaint and you disagree. You must then inform the entrepreneur that you do not agree. Have you had no response after two weeks? Or will the entrepreneur stick to his rejection? Then you can register a dispute with UitgesprokenZaak.nl.
3. Why doesn’t UitspraakZaak.nl handle disputes if a deposit has been paid, the product is not delivered and the entrepreneur does not respond?
This usually involves a financial problem, which often precedes bankruptcy. The dispute resolution is not an insolvency arrangement. In fact, there is no dispute, because the entrepreneur knows that he has to deliver. We refer you to www.cbw-erkend.nl, where the down payment arrangement is explained, which will probably be a solution for these types of situations.
If this situation exists and the entrepreneur still exists, the dispute can be registered, but the treatment will be limited to phase 1. If this does not lead to a settlement, the treatment will end and you will receive a refund of the treatment fee paid.
We advise you to report this to CBW-erkend via info@cbw-erkend.nl. They may be able to take disciplinary measures against the entrepreneur.
4. How do I report a dispute?
This can be done very easily by completing the digital form, which you can find here. It’s necessary that you create an account.
5. What is the procedure if I have registered a dispute?
After you have registered a dispute and the jurisdiction and admissibility have been tested, the entrepreneur will be asked to respond to your statements. The dispute handler will then contact both parties to see if they can reach an agreement. If this is successful, this will be recorded in the dispute system and the procedure will end. If that wasn’t successful, a product expert will then be called in to assess the purchased product or service. After assessing the product, the expert will also try to determine whether a settlement is possible. If this is successful, the agreement is recorded and the dispute ends. If not, the expert will issue a report to which both parties can respond, after which the file will be submitted to the binding advisor. If necessary, the binding advisor can ask further questions to the parties and/or organize a video hearing. A binding decision is then issued.
All communication about the procedure takes place via the digital system. You will receive an email when a message has been placed for you in the digital system.
6. How long does it take to handle a dispute?
UitgesprokenZaak.nl strives for a short turnaround time but is dependent on the response speed of the parties and the agendas of external parties we engage (experts and binding advisors). Count on a lead time of at least several months.
You can contribute to the processing time yourself by carefully following the instructions on how the file should be submitted. This can save a lot of time and the substantive treatment can then start sooner.
7. Where can I find the Regulations of UitgesprokenZaak.nl?
You can find the Regulations here.
8. Can I also communicate with you by post?
Yes, that’s possible. The costs are then 10% higher, a symbolically higher contribution because paper, printer, postage and handling are more expensive than a digital system. If you have difficulty with the digital system and you want to avoid these additional costs, you can also authorize someone to communicate with us digitally on your behalf.
Our postal address is: PO Box 505, 3700 AM Zeist.
9. I want to stop the procedure and withdraw my dispute. Is that possible?
At each transition to the next phase, you can decide not to continue with the case.
Only when you have deposited an outstanding invoice in deposit, the case will be processed automatically until a judgment has been reached or a settlement has been reached between you and the entrepreneur.
10. I previously registered a dispute but did not proceed. But on second thought, I would like to report this dispute again. Is that possible?
It’s not possible to register the same dispute again with UitgesprokenZaak.nl. However, it is possible to initiate legal proceedings.
Costs
1. What are the costs for processing a dispute?
The costs depend on how the dispute ends. If you reach a settlement with the entrepreneur in phase 1 with the help of the dispute handler, the costs are €100. If you reach an agreement in phase 2 with the help of an expert, the total costs are €175. If a binding advisor is involved in your dispute, the total costs are €250. The binding advisor also decides on possible reimbursement of (part of) the dispute costs paid by you by the entrepreneur, depending on the (degree of) validity of the complaint.
If no expert is needed (phase 2), you do not pay for that phase. In that case you pay €100 for phase 1 and an additional €75 if you continue to phase 3. In case of doubt, the foundation will decide whether an expert is necessary.
2. Does the treatment cost the same if I communicate with you by post?
In that case the costs are 10% higher. A symbolically higher contribution because paper, printer, postage and handling are more expensive than a digital system. If you have difficulty with the digital system and you want to avoid these additional costs, you can also authorize someone to communicate with us digitally on your behalf.
Our postal address is: PO Box 505, 3700 AM Zeist.
3. Why do I have to pay extra for each phase?
The foundation incurs more costs in each phase. Most of the costs are in labor hours, for both the dispute handlers and experts and binding advisors.
4. What is a deposit amount and what happens to that amount?
If you indicate that you have not yet paid (part of) the purchase price, or if the entrepreneur indicates this, you will be requested to deposit that amount. On the entrepeneurs side, the CBW Guarantee Scheme Foundation guarantees compliance with a binding advice (see also www.cbw-erkend.nl and article 21 of the CBW-recognized conditions). Conversely, the deposit amount is a guarantee for the entrepreneur that if the binding advice is in his favor, you will also pay the outstanding amount to the entrepreneur. In this way, both parties offer guarantees to each other.
Your payment will be deposited into a so-called third-party account. The amounts in this account remain outside the foundation's finances.
You have the unconditional guarantee that the deposit amount will only be paid (in whole or in part) to the entrepreneur or refunded to you if this appears from a settlement or if the binding advisor decides that this should happen.
In deviation from the usual payment of dispute costs per phase, in case of disputes with a deposit amount, you will be charged the dispute fee of € 250 for phases 1 to 3 immediately at the start. This is because the regulations stipulate that the handling of a dispute with a deposit automatically moves on to the next phase if the consumer and entrepreneur have not reached an agreement in an earlier phase. If this is successful, or if no expert is needed, the excess paid will of course be refunded.
5. The entrepreneur indicates that a higher amount needs to be deposited than I do, what now?
There are indeed situations where there is a difference of opinion about the 'outstanding amount'. Consider for example:
- part of the agreement has not yet been executed or invoiced. However, in principle there is an obligation to purchase.
- according to the entrepreneur, there is additional work (whether or not invoiced).
- the consumer indicates that he has suffered damage at the hands of the entrepreneur and settles that damage against the outstanding amount.
The amounts that the entrepreneur believes are still owed by the consumer are part of the dispute. In the event of a difference of opinion about the outstanding amount, we will use the amount stated by the entrepreneur. The deposit amount is the guarantee for the entrepreneur that, if the binding advisor agrees with the entrepreneur, the obligations will be fulfilled by the consumer. For the consumer, there is the compliance guarantee of binding advice from CBW-recognized. In this way, mutual fulfillment of imposed obligations is guaranteed. If it turns out that the entrepreneur is not entitled to the (entire) amount deposited, (part of) that amount will be returned to the consumer. This also applies if the parties reach a solution during the procedure and agree on the deposit amount.
6. Why does UitgesprokenZaak.nl not refund dispute costs?
Once a consumer files a dispute, work is done on the file. The dispute handler checks whether the dispute meets all criteria for jurisdiction and admissibility (including those that cannot be assessed automatically). So costs are incurred from the start. Only if UitgesprokenZaak.nl appears not to be competent as a result of a circumstance that was not tested in the first questions, the dispute costs will be refunded after deduction of € 50 administration costs.
If it turns out that the consumer does not yet meet the criteria tested in the first questions, the dispute handler will give the consumer the opportunity to still meet them. The case is then put on hold for a while. For example: if the consumer has not yet rejected an offer from the entrepreneur, the consumer can still do so and the entrepreneur has two weeks to respond. If the entrepreneur does not do this, or if he maintains his position, the foundation is still admissible and the dispute can be processed further.
If the dispute is dealt with substantively, you can make the dispute fee you paid part of the negotiation for a joint solution in phases 1 and 2. In phase 3, the binding advisor determines, depending on the decision, whether the entrepreneur must reimburse you (part of) the dispute money paid.
About the experts
1. What are experts and when are they called in?
The experts are recruited by the CBW Guarantee Scheme Foundation, which assesses their professional knowledge.
After this, the selected persons will be presented to UitgesprokenZaak.nl and their suitability will be tested again. In addition to being experts, they must also be independent, be able to put both parties at ease (it is often exciting for both parties), be a connecting factor and be able to draw up a good report. Once this has been established, they will receive a mandatory, professional mediation course. Our board then appoints the experts.
Experts are called in if the dispute revolves around the product and/or service that the entrepreneur has provided. The expert can examine the delivered goods and knows how a defect or damage can be repaired. Knowing this, the expert again tries to reach a settlement between both parties. And if that fails, a report is drawn up with a clear, substantiated, technical opinion about the product.
2. What does an expert report entail?
In phase 2, an expert comes to assess the entrepreneur's product and/or service. He/she checks whether the parties can find a solution together. If that fails, the expert will draw up an expert report. He/she describes his/her technical observations, whether the product or service is good or not, what possible causes of any defects or damage found are (or could be), how defects can be repaired, and the costs of repair. All this based on his product knowledge and experience.
3. What can I do if I disagree with an expert report?
You can then arrange your own counter-expertise. You will have to organize and pay for this yourself. Let the dispute handler know immediately (and how much time you need for this), so that the procedure does not continue automatically.
4. I have a complaint about an expert. Where can I file this complaint?
We naturally strive for quality in our services. This means that if, in your opinion, an expert has not done his/her job properly, you can report this to us. We will take up the complaint with the expert and if we see reason to do so, we will make improvements. We will not give you feedback on this.
If you do not agree with the expert's findings, we refer you to the question 'What can I do if I do not agree with an expert report?'. We do not regard this as a complaint about the expert's performance.
About the binding advisors and the binding advice
1. What is a binding advisor?
A binding advisor is a person who legally assesses the dispute in its entirety. Depending on the assessment of the dispute, the binding advisor can impose obligations, determine whether deposit amounts must be transferred or repaid, and determine whether the entrepreneur must reimburse you for dispute costs. He/she motivates the decision so that the parties understand why the judgment is that way.
The binding advisors we engage are all law experts, for example (former) judges, and are of course independent.
2. What does a binding advice entail?
A binding advice is a written elaboration of a binding advisor's opinion on a dispute. The binding advice will record the procedure followed, information about the agreement, positions of the parties, an expert report (possibly summarized), the reasoned assessment and the decision. The binding advice is, as the word indicates, binding for both parties
3. What can I do if I disagree with the binding advice?
You can initiate proceedings in court. You can then request that the binding advice be annulled. The options are limited, because the judge does not reassess the entire case. He/she only looks at certain points, for example, whether the procedure went well, whether the reasons for the decision have been properly stated, etc. There is, as they say, 'marginal testing'. The judge must be involved within two months of issuing the binding advice. If you are considering this, we advise you to seek legal advice. It can then be assessed whether it makes sense to involve the judge.
About the video system
1. How does a video hearing work?
In some cases you and the other party will be invited by a binding advisor for a video conversation. This takes place via Microsoft Teams. You can join the video call by downloading the Teams app on your phone, tablet, or computer. But you can also participate via the internet. The link for participation via the app or participation via the internet can be found in the invitation. Make sure you have prepared well before the agreed time.
Here you will find a guide to starting and using Microsoft Teams.
After termination of the dispute
1. A settlement has been reached with the help of the expert, but the entrepreneur does not implement it. What now?
You can report this to the CBW Guarantee Scheme Foundation (SG CBW) via this contact form. SG CBW guarantees compliance with this settlement. SG CBW will contact the entrepreneur to induce the entrepreneur to comply.
2. The entrepreneur does not (completely) implement the binding advice. What now?
If the term for compliance stated in the binding advice has expired and the entrepreneur has not submitted the binding advice to the court for review within two months after the date of the binding advice, you can rely on SG CBW's compliance guarantee. You can read how that works at www.cbw-erkend.nl. What this guarantee entails is also stated in the CBW-recognized conditions for home furnishing stores, in article 21. You can invoke the compliance guarantee digitally on the CBW-recognized site.
3. What happens after the verdict?
A binding advice is published (anonymously) for the information of other parties. Entrepreneurs and consumers can then investigate whether a similar case has previously been submitted to UitgesprokenZaak.nl and what the decision was. This way, parties can better assess their chances.
Read more about how we handle your data in our privacy policy.
4. The entrepreneur does not comply with a settlement reached by the expert or binding advice given by the binding advisor. The entrepreneur says that the settlement or imposed obligations are not technically or practically feasible. What now?
You can then submit a new dispute. The entrepreneur's position is then assessed. An expert will visit again and, if necessary, the binding advisor will judge the dispute.
If the CBW Guarantee Schemes Foundation (SG CBW) is already working on the compliance guarantee, and only then does it appear that the obligation is not possible to fulfill, then SG CBW will refer you to us. It cannot assess the entrepreneur's position. A new dispute will have to be registered. SG CBW will support the referral with a message to UitgesprokenZaak.nl.
5. The entrepreneur has not properly implemented a settlement reached through mediation by the expert or a binding advice. What now?
It happens that an entrepreneur has fulfilled the settlement or imposed obligation, but in your opinion it was not done properly, while the entrepreneur believes it was. If you cannot reach a (different) solution together, you can submit a new dispute. A judgment is then made on whether the settlement or imposed obligation has been properly implemented.
If the Stichting Guarantee Schemes CBW (SG CBW) is already working on the compliance guarantee, and only then it turns out that you do not agree with the implementation and the entrepreneur does, then SG CBW will refer you to us, because it cannot assess the entrepreneur's position. assess. A new dispute will have to be registered. SG CBW will support the referral with a message to UitgesprokenZaak.nl.
6. I have a complaint about the procedure. What can I do?
If you believe the procedure has not been followed correctly, you can report this to us. We investigate the complaint, if necessary, take this up with those involved and if we see reason to do so, we will make improvements. We will not report this back to you. If there is only binding advice in the dispute, this will always remain in force. If you believe that the procedure has not been followed correctly, you can submit the binding advice to the court (challenge of binding advice) within two months of the date of the binding advice. See also the question 'What can I do if I disagree with the binding advice?'
Contact
1. How do I get in touch with UitgesprokenZaak.nl?
If you would like to send a message about an ongoing dispute, we kindly ask that you send a message via the dispute system.
If you have another question or comment, you can send a message via the contact form