Misleading Trade Practices in Utrecht
Misleading commercial practices by businesses in Utrecht or targeting Utrecht residents mislead the average consumer about products or services. Examples include false claims about quality, price, or origin in local shops along the Oudegracht or online stores. These practices are prohibited under Dutch consumer law, granting rights such as contract rescission for Utrecht residents.
What exactly are misleading trade practices?
These fall under unfair commercial practices and target the average consumer in Utrecht – a reasonably alert and informed individual. Misleading occurs through false information, omissions of key facts, or suggestions of non-existent qualities, such as at Utrecht market stalls or shops in Hoog Catharijne.
Main variants:
- Misleading actions: False advertising, e.g., a 'organic' label on vegetables from the Utrecht market without certification.
- Misleading omissions: Failing to disclose that a supermarket deal in Utrecht applies for only one hour.
The overall impression determines whether it is misleading. Only relevant aspects like price, ingredients, or sustainability matter, not minor inaccuracies.
Legal basis in the Netherlands
Based on Dutch Civil Code Book 6, Title 3, Section 2 (arts. 6:193a-6:193f DCC), inspired by EU Directive 2005/29/EC. Key articles:
- Art. 6:193a DCC: Misrepresentation of material characteristics.
- Art. 6:193b DCC: Deception through overall impression, including Utrecht billboards.
- Art. 6:193c DCC: 31 prohibited practices, such as fake scarcity ('last spot in Utrecht!') or bogus reviews.
- Art. 6:194 DCC: Aggressive practices, related.
The Authority for Consumers & Markets (ACM) enforces with fines up to €900,000 or 10% of turnover. Utrecht residents can approach the Utrecht District Court for civil claims.
Practical examples in Utrecht
A 'natural' shampoo from a Utrecht drugstore full of chemicals: misleading about composition (art. 6:193a(1)(a) DCC). Or 'free delivery' from a local webshop with hidden €10 fees.
Commonly seen:
- Utrecht supermarket claims '50% off' from an inflated price.
- Car garage in Kanaleneiland calls a used car 'like new' despite high mileage.
- Fake reviews on websites of Utrecht businesses.
Comparison: Misleading vs. Aggressive
| Aspect | Misleading practices | Aggressive practices |
|---|---|---|
| Focus | Information (false or omitted) | Pressure (intimidation, unwanted visits) |
| Example | "Organic" without proof in Utrecht | Door-to-door seller in Lombok who won't leave |
| Law | Art. 6:193a-193c DCC | Art. 6:193e-193f DCC |
| Consumer consequence | Rescission or damages | Automatic nullity of contract |
Rights of Utrecht residents
As a victim:
- Rescind the contract (art. 6:193j DCC) and get a refund.
- Claim damages for additional costs.
- Start at Het Juridisch Loket Utrecht for advice, then the Disputes Committee or Utrecht District Court.
- Report to ACM for fines.
Prescription period: three years from discovery.
Obligations of Utrecht businesses
They must be transparent:
- Provide full information before purchase, including at Gemeente Utrecht markets.
- Remove fake reviews.
- Display prices including VAT and fees (art. 6:123 DCC).
Violators face fines and claims.
Consequences and enforcement
In 2023, ACM imposed a €150,000 fine on a webshop for fake discounts. The Consumers' Association launches campaigns; Utrecht residents often succeed at Utrecht District Court with evidence.
Frequently asked questions
Is a 'hidden discount' always misleading?
No, unless the price was artificially inflated. ACM: do not exceed the lowest price in the last 30 days.
Can I cancel after online misleading in Utrecht?
Yes, 14-day cooling-off plus rescission. Keep screenshots and contact Het Juridisch Loket Utrecht.
What if the business goes bankrupt?
Claim from the trustee, but limited. Report to ACM and check with Gemeente Utrecht.
Does greenwashing count?
Yes, 'sustainable' without proof misleads on environmental impact (art. 6:193a(e) DCC), relevant for Utrecht eco-shops.
Tips for Utrecht residents
Avoid deception:
- Check labels like Thuiswinkel Waarborg or Onkyo.
- Consult Het Juridisch Loket Utrecht if in doubt.
- Verify prices at Gemeente Utrecht events.
- Always keep proof of advertisements.