News
Dutch authority (ACM) adopts RecallDesk’s recommendations to revise legal warranty information on their website
• ACM misinterpreted the law.
• The Consumers’ Association (Consumentenbond) further complicated matters.
• Consequently, numerous warranty claims may have been unjustly denied over an extended period.
• The EU Directive mandates a minimum warranty period of two years.
Deventer, 19 December 2023 – A recent consumer experience highlighted a concerning issue with a pair of expensive jeans that began to stretch and wrinkle just 1.5 years after purchase. This issue went beyond ordinary wear and tear, prompting the consumer to invoke their legal guarantee from the seller. However, their claim was initially rejected, with the seller citing ConsuWijzer, a website operated by the Netherlands Authority for Consumers and Markets (ACM). The rejection was grounded in the assertion that the Netherlands lacked a specific warranty period, as it was contingent upon the product’s expected lifespan. Notably, the jeans in question were sold with a 1-year warranty.
For consumers seeking clarity in this matter, the Dutch Consumers’ Association’s website added to the confusion by stating that the legal warranty period was 6 months before April 27, 2022, and 12 months thereafter. In reality, both ACM and the Dutch Consumers’ Association misinterpreted Dutch law.
Claiming recall damages
In a period of 1,5 years, RecallDesk successfully claimed more than €300,000 of recall damages for its clients. Not many companies facing a recall know that they are entitled to it, let alone how to claim it. You may be surprised to hear what damages and costs can be claimed. Feel free to reach out to RecallDesk if you want to learn more about the possibilities, even if you already (recently) carried out a recall.
Contact: info@recalldesk.com
Liability in case of e-bike battery fire – Eurobike 2022 Presentation
Rutger Oldenhuis, founder of RecallDesk, shall give a presentation on “Liability in case of e-bike battery fire” during Eurobike 2022 /Eurobike Academy.
Battery fires are an increasing concern in the bicycle industry. Product safety and liability are closely linked. This lecture will give insight on questions like ‘who within the supply chain is liable for a battery fire’, ‘can liability be excluded’, ‘what if a consumer did not follow the user instructions’, ‘what if the battery was refurbished’, ‘what if the cause of the battery fire could not be determined’, ‘how do insurance companies look at the risk of batteries’, and more.
Rutger Oldenhuis is an experienced and seasoned lawyer, holding a master degree in both civil and tax law. He has been Head of Legal of Shimano Europe for almost 17 years. In April 2021 Rutger became an independent legal consultant and founded RecallDesk, which is specialized in product safety and recalls.
Presentation: Do you Recall? RecallDesk with ProductIP
On May 17 2022 RecallDesk will present “Do you Recall?” as part of ProductIP‘s Compliance Tuesday series.
A product recall can be extremely disruptive. What can you do to prevent them from happening, and what can you do to limit the impact if they do occur? Learn from RecallDesk, a product recall specialist. RecallDesk is unique in offering a combination of legal, risk management and operational services that can be tailored to the needs of the client facing a (potential) recall. Services include among others: mandatory risk assessment for Safety Gate/Rapex, drafting communication, legal and regulatory advice, notification to market surveillance authorities, damage and insurance claims, up to offering a recall IT infrastructure that can be customized to the client’s needs. RecallDesk also developed a QuickScan that will help companies to identify weaknesses in their product safety processes. Solving these weaknesses will mitigate the risk of having to recall your products.
RecallDesk partners with SGIA
RecallDesk is proud to announce its partnership with the Sporting Goods Industry Association of the UK (SGIA). The SGIA represents manufacturers, wholesalers and distributors of sporting goods in the UK. Established over 100 years ago, the association brings together the power of the sports brands for the benefit of the industry as a whole and represents the UK market. We are looking forward to working together with the SGIA and its members!
RecallDesk was interviewed by Cycling Industry News
On March 21, 2022 RecallDesk founder Rutger Oldenhuis was interviewed by of Cycling Industry News.
What to do when your company needs to face a recall
Having spent 17 years in Shimano’s legal department, Rutger Oldenhuis has been around the block with all kinds of legislative dilemmas. Upon leaving, he spotted a gap and set up a business based around getting recalls right. Here he shares his experience…
RecallDesk gives presentation about product recalls at APPLiA
RecallDesk was hosted by APPLiA Nederland to give a presentation about product recalls. APPLiA Nederland is the Dutch trade association representing the household electrical appliances industry. Topics on the agenda were:
(1) how to avoid a recall,
(2) how to be prepared,
(3) how to manage a recall and
(4) how to ease the burden of a recall (costs and damages).
Interested to host a presentation, seminar or workshop about product recalls? Please feel free to contact RecallDesk.
RecallDesk contributes to WFSGI Magazine 2022
RecallDesk contributed to the newly released WFSGI Magazine 2022 The New Age of Disruption. The article by Rutger Oldenhuis is titled ‘Product recalls: better safe than sorry’.
The WFSGI (World Federation of the Sporting Goods Industry) is the world authoritative body for the sporting goods industry, officially recognized by the International Olympic Committee (IOC). RecallDesk is proud partner of the WFSGI.
Read the article here or access the full magazine here [Page 64-65].
The WFSGI partners with RecallDesk
RecallDesk is proud partner of the World Federation of the Sporting Goods Industry (the WFSGI). The new partnership between the WFSGI and RecallDesk aims to offer WFSGI members affordable access to a specialist in the field of product recall management.
Founder RecallDesk interviewed by SGI Europe
On May 13, 2021 SGI Europe published an interview with Rutger Oldenhuis, founder of RecallDesk:
New RecallDesk eases burden of product recalls in Europe
The expensive product recall at Peloton Interactive, which is expected to lead to extraordinary charges of $125 million for this fast-growing American home fitness equipment company, is sending out a strong signal that the sporting goods industry must be bet- ter prepared to face similar issues, partly because the technology behind the products is becoming more and more sophisticated.
RecallDesk, a new company based in the Netherlands, claims to be the first specialized service provider in Europe that can help suppliers and importers in the broader consumer goods sector to prevent or minimize similar losses through its legal, risk management or operational support.
Former Shimano Europe Head of Legal starts RecallDesk
“A product recall means crisis,” says Rutger Oldenhuis who was manager Legal Affairs at Shimano Europe for more than 16 years. “Either big or small, recalls are complex and need to be managed properly. A recall requires a lot of resources and may hit a company’s P&L badly. We are specialised in managing recalls, from smaller to complex multi-jurisdictional recalls. Whatever the situation, we can offer the needed support, either to lead or complete a recall team.”
“Even though a recall is a major crisis, at Shimano I have always experienced a positive team spirit when working together towards a common goal: the safety of customers. With RecallDesk I would like to offer my recall experience to the consumer goods industry. Considering my professional background, RecallDesk may be particularly interesting for the bicycle industry.”