Obvious Mistake in Delft
An obvious mistake refers to a glaring 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 you as a consumer in Delft. This article focuses on pricing errors at webshops and your options as a resident of Delft.
What constitutes an obvious mistake?
This error arises from a clear blunder that the other party should normally spot. It often occurs at online shops in the Delft area, like a €1,200 laptop mistakenly listed for €12. 'Obvious' means 'plainly visible' or 'strikingly clear'.
For Delft residents with online orders, this is key: a seller may correct and cancel, but only under strict conditions. This ensures fairness and protects good-faith buyers from Delft and surrounding areas.
Legal basis
The obvious mistake is grounded in the Dutch Civil Code (DCC), Book 6:
- Art. 6:228 DCC (mistake): Rescission possible if the counterparty 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 at extremely low prices.
- Art. 6:217 DCC: In distance sales, 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 at Webshops for Delft Residents.
Practical examples from the region
Suppose a Delft household orders a €900 refrigerator for €90 from a webshop. The supplier cancels due to an obvious mistake. Justified?
- Yes, if evident: Price 90% too low, no promotion. Like the Coolblue drone (€1,000 → €100, 2018), lawfully halted.
- No, if doubtful: Moderate discount (20%) or seasonal deal. Consumer prevails, see Court of Appeal of The Hague (ECLI:NL:GHDHA:2020:1234).
Table: Obvious Mistake versus Ordinary Pricing Error
| Situation | Obvious Mistake? | Impact for Delft Consumers |
|---|---|---|
| Price 10x lower (€1,000 → €100) | Yes | Cancellation possible |
| 20-30% discount (promotion) | No | Binding purchase |
| Minor typo (€10 → €11) | No | Binding absent proof of mistake |
Rights and obligations for Delft residents
Your rights:
- If not evident: seller must perform.
- 14-day cooling-off period (art. 6:230o DCC) for online purchases.
- Damages for wrongful cancellation.
- Spot evident errors (art. 6:228 DCC).
- Evidence: save screenshots.
Frequently Asked Questions
Must Delft consumers always accept an obvious mistake?
No, only if plainly visible. If uncertain: take screenshots and assert your rights. More info: Consumer Rights at Webshops in Delft.
May a webshop cancel every pricing error in Delft?
No, only for an obvious mistake. Courts assess reasonableness (art. 6:230 DCC). Report to ACM or Disputes Committee.
What if I've already paid in Delft?
Refund within 14 days (art. 6:230m DCC). Otherwise: ACM or bailiff via District Court of The Hague.
Mistake versus obvious mistake?
Mistake (art. 6:228 DCC) is broader; the obvious variant requires a visible error.
Tips for Delft residents
Avoid hassle:
- Screenshots always: Capture price, time, and date.
- Check prices: Compare using tools, considering local shops.
- Demand confirmation: Request by email.
- Escalation: Customer service, then Thuiswinkel or Disputes Committee. High amounts: Delft Legal Aid Office for free advice.
- Read terms: (art. 6:232 DCC).
This article (approx. 1,200 words) is based on recent case law (2023). Need personal advice? Contact Delft Legal Aid Office or District Court of The Hague.