Was-Now Price in Utrecht: Rules and Preventing Deception
A was-now price in Utrecht stores and webshops often displays 'from €X to €Y', with €Y as the attractive discount price. This is permitted only if the 'was price' was the lowest price during the 30 days prior to the offer. Misleading was-now prices are deemed unfair commercial practices and are prohibited. For Utrecht residents, we explain the rules, your rights at the District Court of Utrecht, and tips for local shopping. Also see fake offers in Utrecht.
Legal Basis for the Was-Now Price
Dutch legislation, including for Utrecht, is based on EU directives. Key sources:
- Civil Code Book 6, Article 6:117: Prohibits misleading price information as unfair trading.
- Act of 28 May 2022 (Omnibus Directive EU 2019/2161): Article 6:194e CC requires the reference price to be the lowest in the 30 days before the reduction.
- Price Indication Decree 2021: Includes the 30-day rule for fair price indications.
The Authority for Consumers & Markets (ACM) enforces this nationwide, with fines up to €900,000 or 10% of turnover. Since 28 May 2022, it applies strictly to Utrecht physical stores such as those in Hoog Catharijne and online shops.
Application of the 30-Day Rule in Utrecht
The 'was price' must be the lowest price over the past 30 days. Exceptions exist for seasonal items or cost increases, but sellers in Utrecht must maintain price records for inspections.
What Exactly Does '30 Days' Mean?
Count 30 days back from the day before the price reduction. For online sales in Utrecht, this applies per variant, such as clothing size or color.
Real-World Examples of Misleading Was-Now Prices in Utrecht
Example: A webshop offers a sweater 'from €50 to €30'. Was it €35 28 days ago at Utrecht branches? Then it's misleading.
Example 1: Legitimate
Albert Heijn Utrecht sells milk 'from €1.20 to €0.99'. €1.20 was the lowest price in 30 days. ✅
Example 2: Misleading
MediaMarkt Utrecht advertises a TV 'from €999 to €799'. €850 two weeks earlier? Deceptive discount. ❌
Example 3: Fashion in Utrecht
Zara Hoog Catharijne: dress 'from €80 to €50'. Flash sale €45 25 days ago? ACM fine looms.
Your Rights as a Utrecht Resident Regarding Misleading Prices
Utrecht residents enjoy strong protections:
- Right of Withdrawal/Rescission: Return online purchases within 14 days (art. 6:230o CC).
- Damage Claim: Recover price difference via art. 6:95 CC at the District Court of Utrecht.
- Complaint: First to the seller, then Legal Aid Office Utrecht, ACM, or Dispute Committee.
- Class Action: Support from the Consumers' Association.
In 2023, the District Court of Utrecht ruled in favor of a consumer over a misleading washing machine offer.
Obligations of Sellers in Utrecht
Stores must record prices for 30 days, show genuine discounts, and provide proof. Violations lead to recalls or corrections via the Municipality of Utrecht.
Comparison: Genuine vs. Fake Was-Now Price
| Criterion | Legitimate | Misleading |
|---|---|---|
| Was price | Lowest in 30 days | Higher than prior price |
| Discount | Genuine based on base price | Inflated |
| Proof | Available | Missing |
| Consequence | Safe | Fines, claims |
Tips for Utrecht Residents
Avoid deception:
- Check price history: Google Shopping or Pricerunner.
- Take photos: Evidence of the offer in Utrecht.
- Compare: Bol.com, Coolblue, or local shops.
- Report: To ACM (acm.nl/melden) or Legal Aid Office Utrecht.
Unsure? Hold off on buying and consult the Legal Aid Office Utrecht. Contact Arslan Advocaten. More: Fake Offers Utrecht, Consumer Rights Overview.
Frequently Asked Questions
Does the 30-day rule apply to second-hand items in Utrecht?
No, mainly for new items. Second-hand prices must be realistic.
Difference between online and in-store in Utrecht?
30-day rule per channel. Differences are fine if accurate.
Demand a fine as a Utrecht resident?
No, ACM handles that. Claim damages at District Court of Utrecht.
'First time €X' in Utrecht?
Allowed without was price if new. 'Never this low' must be true.