Was-Now Price: Rules and Preventing Deception in Rotterdam
A was-now price in Rotterdam shops and online stores often displays 'was €X now €Y', where €Y is the attractive discounted price. This is only permitted if the 'was price' was indeed the lowest price during the 30 days prior to the offer. Misleading was-now prices are considered unfair practices and are prohibited. This article explains the rules, your rights as a Rotterdam resident, and tips for local shopping. Read more about fake deals in Rotterdam.
Legal Basis for the Was-Now Price
Dutch legislation, supported by EU directives, strictly regulates was-now prices. Key sources:
- Civil Code Book 6, Article 6:117: Prohibits misleading price information as unfair trading.
- Act of 28 May 2022 (EU Omnibus Directive 2019/2161): Article 6:194e CC requires the reference price to have been the lowest in the preceding 30 days.
- Price Indication Decree 2021: Includes the 30-day rule for fair price indications.
The Authority for Consumers & Markets (ACM) enforces compliance and imposes fines up to €900,000 or 10% of turnover. Since 28 May 2022, this applies to all physical and online sellers in Rotterdam.
Application of the 30-Day Rule in Rotterdam
At its core: the 'was price' must reflect the lowest price from the last 30 days. Exceptions exist for seasonal items or cost increases, but Rotterdam sellers must retain price records for inspections.
What Exactly Is the '30-Day Period'?
It runs from the day before the price reduction, going back 30 days. For online shops, this applies per variant, such as in Rotterdam fashion stores with different sizes.
Real-World Examples of Misleading Was-Now Prices in Rotterdam
Example: A shop on Lijnbaan offers a jacket 'was €60 now €40'. If it was €45 twenty days ago, this misleads Rotterdam residents about the discount.
Example 1: Fair
A Rotterdam supermarket like Albert Heijn sells bread 'was €2.50 now €1.99'. €2.50 was the lowest price in 30 days. ✅
Example 2: Misleading
MediaMarkt Rotterdam advertises a laptop 'was €899 now €699'. Three weeks ago, it was €750 on sale. ❌
Example 3: Bijenkorf Rotterdam
A blouse 'was €90 now €60', but €55 during Black Friday 27 days ago. ACM fine looms.
Your Rights as a Rotterdam Consumer in Case of Deception
You have strong options:
- Withdraw/cancel: Bought online? Return within 14 days (art. 6:230o CC).
- Damage claim: Claim price difference via art. 6:95 CC at the District Court of Rotterdam.
- File complaint: First with the seller, then Juridisch Loket Rotterdam, ACM, or Disputes Committee.
- Class action: Support from the Consumers' Association.
In 2023, the District Court of Rotterdam ruled in favor of a resident over an incorrect 'was-now price' on refrigerators.
Obligations of Rotterdam Sellers
Shops must:
- Record prices for 30 days.
- Show only genuine discounts.
- Provide proof during inspections.
Violations lead to recalls or public corrections.
Comparison: Genuine vs. Fake Was-Now Price
| Criterion | Genuine | Fake |
|---|---|---|
| Was price | Lowest in 30 days | Higher than prior dip |
| Discount | Based on actual lowest price | Inflated for show |
| Proof | Available and accurate | Missing or incorrect |
| Consequence | No sanctions | ACM fine, claims |
Tips for Rotterdam Residents
Avoid deception:
- Check price history: Via Google Shopping or local tools.
- Take photos: Evidence of the Rotterdam deal.
- Compare: Bol.com, Coolblue, or market prices in Rotterdam.
- Report: To ACM (acm.nl/melden) or Juridisch Loket Rotterdam.
Unsure? Hold off on buying and consult Juridisch Loket Rotterdam for advice. Related: Fake Deals Rotterdam, Consumer Rights Rotterdam.
Frequently Asked Questions
Does the 30-day rule apply to second-hand items in Rotterdam?
No, mainly for new items. Second-hand at Kralingse market must be realistic, without a strict 30-day rule.
Difference between online and in-store in Rotterdam?
Separate 30-day checks per channel, e.g., webshop vs. physical branch.
Demand a fine as a Rotterdam resident?
No, ACM handles that. Claim damages at District Court of Rotterdam.
'First time €X' in Rotterdam?
Allowed without was price if new. 'Lowest ever' must be provable.