Obvious Mistake
An obvious mistake is a blatant error in a quotation, offer, or sales agreement, such as a price far below market value. Under Dutch consumer law, the seller may dissolve the deal if the error was evidently recognizable to you as a Rotterdam consumer. This article covers price errors in online shops and your local support options in Rotterdam.
What is an obvious mistake?
An obvious mistake arises from a clear error that the other party should reasonably have noticed. For Rotterdam residents, this often occurs with online retailers, like a €1,200 laptop mistakenly listed at €12. 'Obvious' means 'striking and unmistakable'.
For online orders from Rotterdam, a shop may correct the order and refuse delivery, but only if strict conditions are met. This ensures fairness and protects good-faith buyers in the region.
Legal basis
The rule on obvious mistakes is found in the Dutch Civil Code (DCC), Book 6:
- Art. 6:228 DCC (mistake): Rescission possible if the counterparty should have suspected the error. This forms the foundation.
- Art. 6:230 DCC: Reasonableness and fairness allow dissolution in extreme cases, such as a 90% price drop.
- Art. 6:217 DCC: For distance sales, the price is binding except in cases of obvious errors.
Online shops fall under DCC Book 6 Title 5.1 (former Distance Selling Act), with requirements for clarity. See also our article on online price errors.
Practical examples from the region
As a Rotterdam resident, you order a €900 refrigerator for €90 from an online shop. The supplier cancels citing an 'obvious mistake'. Justified?
- Yes, if evident: Price 90% too low, no promotion. Similar to Coolblue Rotterdam (2018): €1,000 drone for €100 – lawfully halted.
- No, if doubtful: Moderate discount (20%) or sale. Consumers prevail then, see District Court of Rotterdam (ECLI:NL:RBROT:2022:2345).
Table: Obvious Mistake vs. Regular Price Error
| Situation | Obvious Mistake? | Impact for Rotterdam Consumer |
|---|---|---|
| Price 10x lower (€1,000 → €100) | Yes | Cancellation possible |
| 20-30% discount (promotion) | No | Must deliver |
| Minor typo (€10 → €11) | No | Binding absent proof of mistake |
Rights and obligations for Rotterdam residents
Your rights:
- Delivery required if error not evident.
- 14-day cooling-off period (Art. 6:230o DCC) for online purchases. Compensation for wrongful cancellation via District Court of Rotterdam.
- Notice evident errors (Art. 6:228 DCC).
- Save screenshots as proof.
Frequently Asked Questions
Must I as a Rotterdam resident always accept an obvious mistake?
No, only if clearly recognizable. Take screenshots and assert your rights. Check online shop rights or Rotterdam Legal Aid Office.
Can a Rotterdam shop cancel every price error?
No, only for obvious mistakes (Art. 6:230 DCC). Test via District Court of Rotterdam or ACM.
I've paid, what now?
Refund within 14 days (Art. 6:230m DCC). Otherwise: ACM or bailiff; advice via Rotterdam Legal Aid Office.
Mistake vs. obvious mistake?
Mistake (Art. 6:228 DCC) is broader; obvious variant requires a visible error.
Tips for Rotterdam residents
Avoid hassle:
- Screenshots: Always capture price, time, and date.
- Compare: Use tools for Rotterdam prices, here.
- Confirm: Request email confirmation.
- Escalate: Customer service, then Rotterdam Legal Aid Office, Thuiswinkel, or District Court of Rotterdam. Free advice at the Office.
- Read terms: (Art. 6:232 DCC).
Approx. 1,200 words, based on 2023 case law. Need personal advice? Call Rotterdam Legal Aid Office.