Misleading Commercial Practices in Delft
Misleading commercial practices by Delft entrepreneurs mislead residents intentionally or unintentionally about products or services, for example through false claims on quality, price, or origin. This breaches Dutch consumer law, and Delft residents have strong remedies such as rescission of the agreement.
What are misleading commercial practices?
These practices fall under unfair commercial practices and target the average consumer in Delft – a normally informed and reasonably observant citizen. Misleading occurs through false information, omission of key details, or implying untrue characteristics.
Main types:
- Misleading actions: False advertising, such as a Delft shop claiming 'organic' without certification.
- Misleading omissions: Failing to disclose that a Marktstraat deal lasts only 24 hours.
The overall impression on the Delft consumer determines whether it concerns essential aspects like price, ingredients, sustainability, or rights. Minor innocent exaggerations do not count.
Legal basis
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 factual characteristics.
- Art. 6:193b DCC: Overall impression, including promotions.
- Art. 6:193c DCC: 31 blacklisted practices, such as fake urgency ('last one in Delft!') or paid reviews.
- Art. 6:194 DCC: Aggressive variants.
The ACM imposes fines up to €900,000 or 10% of turnover. Delft residents can approach the District Court of The Hague for civil claims.
Examples in a Delft context
You buy 'natural' shampoo full of chemicals from a city center drugstore: misleading on ingredients (Art. 6:193a(1)(a) DCC). Or a webshop promises 'free delivery to Delft' but charges €10 extra.
Common locally:
- Delft supermarket advertises '50% off' from an inflated price.
- Garage on Rotterdamseweg calls a used car 'as new' despite high mileage.
- Fake reviews on Delft sellers' sites.
Misleading vs. Aggressive
| Aspect | Misleading practices | Aggressive practices |
|---|---|---|
| Focus | Information (inaccurate or omitted) | Pressure (intimidation, home visits) |
| Example | "Eco-friendly" without proof | Salesperson pressuring in a Delft home |
| Law | Arts. 6:193a-193c DCC | Arts. 6:193e-193f DCC |
| Consequence | Rescission or damages claim | Agreement void |
Rights for Delft residents
If affected, you can:
- Rescind the purchase (Art. 6:193j DCC) and get a refund.
- Claim damages for additional costs.
- Approach the Dispute Committee, subdistrict judge at the District Court of The Hague, or Legal Aid Office Delft for advice.
- Report to the ACM.
Time limit: 3 years from discovery.
Obligations of Delft entrepreneurs
Local businesses must be transparent:
- Provide full information before purchase.
- Verify reviews and remove fakes.
- Display total price including VAT (Art. 6:123 DCC).
Violators risk sanctions and reputational damage in Delft.
Enforcement and consequences
The ACM issues fines, such as €150,000 to a webshop with fake deals in 2023. The Consumers' Association launches campaigns. Delft residents often succeed at the District Court of The Hague with evidence.
Frequently asked questions
Is discounting in Delft shops always misleading?
No, unless the base price is artificially inflated. ACM: lowest price in last 30 days as reference.
Cancelling after online misleading info?
Yes, 14-day cooling-off plus rescission. Keep screenshots!
Business bankrupt?
Claim from trustee, but report to ACM. Legal Aid Office Delft assists.
Greenwashing in Delft?
Yes, 'sustainable' without proof falls under Art. 6:193a(e) DCC.
Tips for Delft residents
Avoid issues:
- Check labels like Thuiswinkel Waarborg.
- Verify local complaints at Municipality of Delft.
- Get free advice at Legal Aid Office Delft.
- Read reviews critically and compare prices.