Misleading Commercial Practices in Rotterdam

Misleading Commercial Practices in Rotterdam

Misleading commercial practices include actions by Rotterdam businesses that deliberately or inadvertently mislead residents about products or services. Examples include false promises about quality, price, or origin. This is prohibited under Dutch consumer law, and as a Rotterdam resident, you have powerful remedies, such as dissolving the purchase agreement.

What are misleading commercial practices in practice?

These practices fall under unfair commercial practices and target the average consumer – a normally attentive and informed Rotterdam resident. Misleading occurs through incorrect information, withholding key details, or falsely claiming attributes that do not exist.

Two primary types:

• Misleading actions: False advertising, such as a Rotterdam store claiming a product is 'locally produced' when it comes from abroad.
• Misleading omissions: Failing to disclose essential facts, for example, that a market deal in Rotterdam applies for only one hour.

The overall impression on the consumer determines if it is misleading. Minor inaccuracies do not count; it concerns key aspects like price, ingredients, environmental impact, or your legal rights.

Legal framework for the Netherlands and Rotterdam

The rules are set out in Dutch Civil Code Book 6, Title 3, Section 2 (arts. 6:193a-6:193f DCC), based on the EU Directive 2005/29/EC. Key articles:

• Art. 6:193a DCC: Misleading about factual characteristics.
• Art. 6:193b DCC: Deception through overall impression, including in advertising.
• Art. 6:193c DCC: 31 blacklisted practices, such as fake scarcity ('last one in Rotterdam!') or bogus reviews.
• Art. 6:194 DCC: Aggressive methods, related but distinct.

The Authority for Consumers & Markets (ACM) imposes fines up to €900,000 or 10% of turnover. Rotterdam residents can turn to the Rotterdam District Court for legal action.

Examples from the Rotterdam context

You buy 'natural' shampoo full of synthetics at a Kralingen drugstore: misleading about ingredients (art. 6:193a(1)(a) DCC). Or a local webshop promises 'free delivery in Rotterdam' but adds €8: price misleading.

Typical cases in the area:

• A supermarket on Rotterdam's Lijnbaan with '60% off' from an inflated base price.
• A car dealer in IJsselmonde calling a used car 'as new' despite high mileage.
• Online reviews that are fake, created by the seller from the port city.

Comparison: Misleading versus Aggressive

Your rights as a Rotterdam consumer

Victim? You can:

1. Dissolve the purchase (art. 6:193j DCC) and get your money back.
2. Claim damages for additional costs.
3. Approach the Disputes Committee, Rotterdam District Court, or Juridisch Loket Rotterdam for free advice.
4. Report to the ACM for enforcement action.

Limitation period: three years from discovery.

Obligations for Rotterdam businesses

Businesses must be transparent and avoid misleading. They are required to:

• Share all key details before purchase.
• Verify reviews and remove fakes.
• Display prices including VAT and additional costs (art. 6:123 DCC).

Violators face fines, lawsuits, and reputational damage.

Enforcement and consequences

The ACM issues fines, such as €200,000 to a Rotterdam webshop for fake discounts in 2023. The Municipality of Rotterdam supports via reporting points, and the Consumers' Association initiates class actions. Consumers often win with evidence.

Frequently asked questions

Tips for Rotterdam residents

Avoid issues:

• Check labels like Thuiswinkel Waarborg.
• Visit Juridisch Loket Rotterdam for advice.
• Verify prices via Municipality of Rotterdam reporting points.
• Always keep proof of claims.