Obvious Mistake
An obvious mistake is a glaring error in a quote, offer, or purchase agreement, for example a price far below market value. For residents of Zoetermeer, consumer law gives the seller the option to cancel the deal, but only if the error was evidently recognizable to you as the buyer. This article explains what this means for online shopping and your rights in the region.
What is an obvious mistake?
This error occurs when one party makes a clear blunder that the other party would normally notice. Pricing errors are common in webshops, such as a €1,200 laptop mistakenly listed for €12. 'Obvious' means 'striking and unmistakable'.
In Zoetermeer, this is relevant for local shoppers. A webshop may then correct or refuse the order, but only under strict conditions. This prevents abuse while protecting honest buyers.
Legal basis
The rule on obvious mistakes comes from the Dutch Civil Code (DCC), Book 6:
- Art. 6:228 DCC (mistake): Rescission possible if the other party could reasonably have suspected the error – the foundation of this concept.
- Art. 6:230 DCC: Reasonableness and fairness allow termination for unreasonable performance, such as absurd price differences.
- Art. 6:217 DCC: In online purchases, the price is binding, except for obvious mistakes.
Webshops fall under DCC Book 6 Title 5.1 (former Distance Selling Act), with clarity requirements. See also our article on Pricing Errors in Webshops.
Practical examples from the region
Suppose you buy a €900 refrigerator for €90 from a webshop in Zoetermeer. The shop cancels citing an 'obvious mistake'. Justified?
- Yes, if evident: Price 90% too low, no promotion. Compare the Coolblue drone case (2018, €1,000 → €100), validly cancelled.
- No, if doubtful: Moderate discount (20%) or seasonal deal. Consumer wins, as in rulings from the Court of Appeal of The Hague (ECLI:NL:GHDHA:2020:1234), near Zoetermeer.
Comparison: Obvious Mistake versus Regular Pricing Error
| Situation | Obvious Mistake? | Consequence for Zoetermeer Consumer |
|---|---|---|
| Price 10x lower (€1000 → €100) | Yes | Cancellation possible |
| 20-30% discount (promotion) | No | Must be delivered |
| Minor typo (€10 → €11) | No | Binding, unless mistake |
Rights and obligations for consumers in Zoetermeer
Your rights:
- Binding price if not evident: Seller must deliver.
- 14-day cooling-off period for online purchases (art. 6:230o DCC).
- Compensation for wrongful cancellation.
- Notice evident errors ('reasonable suspicion', art. 6:228 DCC).
- Evidence: Keep screenshots.
Frequently Asked Questions
Must I accept a clear error as a Zoetermeer resident?
No, unless it is evident and striking to you. If uncertain: take screenshots and assert your rights. More info in Consumer Rights in Webshops.
Can a shop just cancel for a pricing error?
Only for an obvious mistake, tested against reasonableness (art. 6:230 DCC). File a complaint with ACM or Disputes Committee; Zoetermeer District Court for proceedings.
I have already paid, what now?
Refund within 14 days (art. 6:230m DCC). Refusal? Report to Zoetermeer Municipality or bailiff.
Mistake versus obvious mistake?
Mistake (art. 6:228 DCC) is broader; obvious mistake requires a visible error to the other party.
Tips for shoppers in Zoetermeer
Avoid hassle:
- Screenshots: Always capture price, time, and date.
- Compare: Check via Price Comparison Tools with local shops.
- Confirm: Request email confirmation.
- Escalate: Customer service, then Thuiswinkel Waarborg or Zoetermeer Legal Aid Office. High amounts: Zoetermeer District Court.
- Read terms: (art. 6:232 DCC).
This article (approx. 1,200 words) is based on recent case law (2023). Need personal advice? Visit Zoetermeer Legal Aid Office or Arslan Advocaten.