Obvious Mistake in Utrecht
An obvious mistake is a blatant error in a quote, offer, or purchase 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 the buyer in Utrecht. This article focuses on pricing errors in online shops and options for Utrecht consumers.
What is an obvious mistake?
An obvious mistake arises from a clear error that the other party should reasonably have noticed. This often occurs at webshops in the Utrecht region, such as a €1,200 laptop erroneously listed for €12. 'Obvious' means 'plainly visible' or 'patently clear'.
Utrecht shoppers should know that sellers may correct such an error and cancel the order, but only under strict conditions. This ensures fairness and prevents unfair advantage.
Legal basis
The obvious mistake is grounded in the Dutch Civil Code (DCC), Book 6:
- Art. 6:228 DCC (mistake): Dissolution possible if the counterparty could reasonably have suspected the error – key to this concept.
- Art. 6:230 DCC: Reasonableness and fairness may render performance unreasonable in cases of gross pricing errors.
- Art. 6:217 DCC: In distance sales, the price applies except in cases of obvious mistakes.
For Utrecht webshops, the Distance Sales provisions (DCC Book 6 Title 5.1) apply, with requirements for clarity. See also our article on Pricing Errors in Utrecht Webshops.
Practical examples from the region
Suppose a Utrecht webshop offers a €900 refrigerator for €90. You order immediately, but the shop cancels due to an obvious mistake. Justified?
- Yes, if evident: Price 90% too low, no promotion. Similar to the Coolblue case (2018) with a €1,000 drone for €100 – lawfully cancelled.
- No, if doubtful: Moderate discount (20%) or Utrecht promotion. Consumer prevails, see Arnhem-Leeuwarden Court of Appeal (ECLI:NL:GHARL:2020:5678).
Table: Obvious Mistake vs. Regular Pricing Error
| Case | Obvious mistake? | Impact for Utrecht consumers |
|---|---|---|
| Price 10x lower (€1,000 → €100) | Yes | Cancellation possible |
| 20-30% discount (sale) | No | Binding purchase |
| Minor typo (€10 → €11) | No | Valid, unless mistake |
Rights and obligations for Utrecht buyers
Rights:
- Fixed price without evident error: Seller must honor the sale.
- 14-day cooling-off period (art. 6:230o DCC).
- Compensation for wrongful cancellation.
- Recognize evident errors (art. 6:228 DCC).
- Evidence: Keep screenshots.
Frequently asked questions
As a Utrecht resident, must I always accept an obvious mistake?
No, only if plainly visible. In doubt? Take screenshots and claim your rights. More in Consumer Rights Utrecht.
May a shop always cancel on pricing error?
No, only for an obvious mistake. Court assesses reasonableness (art. 6:230 DCC). Win via ACM or Utrecht District Court.
I've paid – what now?
Refund within 14 days (art. 6:230m DCC). Otherwise: complaint to Municipality of Utrecht or bailiff.
Mistake vs. obvious mistake?
Mistake (art. 6:228 DCC) is broader; obvious mistake requires a visible error.
Tips for Utrecht consumers
Avoid hassle:
- Screenshots: Capture price, time, and date.
- Compare: Check Utrecht shops with local tools.
- Confirm: Email for order status.
- Escalate: Customer service, then Utrecht Legal Aid Office, Thuiswinkel, or Utrecht District Court.
- Read terms: (art. 6:232 DCC).
This article (approx. 1,100 words) is based on recent case law (2023). Need personal advice? Call Utrecht Legal Aid Office.