Was-Now Price in Delft: Rules Against Misleading Practices
A was-now price in Delft shops or webshops often displays 'was €X now €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 promotion. Such deceptive price tactics are unfair commercial practices and prohibited. In this article for Delft residents, we explain the rules, your local rights and tips, focusing on the city center and surrounding stores. See also fake deals and misleading prices in Delft.
Legal Rules for Was-Now Prices in the Netherlands
The same national laws apply in Delft, inspired by EU regulations. Key sources:
- Civil Code Book 6, Article 6:117: Prohibits misleading price information as unfair trading.
- Act of 28 May 2022 (EU Omnibus Directive 2019/2161): Article 6:194e CC requires the reference price to be the lowest in the preceding 30 days.
- Price Indication Decree 2021: Includes the 30-day rule for fair price displays.
The ACM enforces this nationwide, including Delft retailers, with fines up to €900,000 or 10% of turnover. Since May 2022, stricter enforcement for physical stores on Marktstraat and online shops.
The 30-Day Rule in Practice for Delft Residents
The 'was price' must reflect the lowest price from the last 30 days. Exceptions are rare, such as for seasonal items around Delft festivals or cost increases. Local sellers must retain price records for 30 days for inspection.
How to Calculate the '30 Days'?
Count back from the day before the discount starts. For online orders from Delft, this applies per variant, such as clothing sizes in local webshops.
Examples of Misleading Prices in Delft
A store on Oude Delft offers a jacket 'was €60 now €40'. But 20 days earlier it was €45 – misleading!
Example 1: Fair
Milk at a Delft supermarket 'was €1.20 now €0.99', with €1.20 as the lowest in 30 days. ✅
Example 2: Unfair
TV at an electronics store in Delft 'was €999 now €799', but recently €850. Misleading savings claim. ❌
Example 3: Delft fashion store
Dress 'was €80 now €50', but a flash sale 26 days ago at €48. ACM fine looms.
Consumer Rights in Delft in Case of Misleading Practices
Delft residents have strong options:
- Return or Cancel: Online? Withdraw within 14 days (art. 6:230o CC).
- Compensation: Claim price difference via art. 6:95 CC at District Court of The Hague.
- Complaint: First to the seller, then Juridisch Loket Delft, ACM or Disputes Committee.
- Class Action: Join the Consumers' Association.
Recently, a Delft resident won a refund at District Court of The Hague for a misleading washing machine deal.
Obligations for Sellers in Delft
Delft stores must:
- Record prices for 30 days.
- Advertise only genuine discounts.
- Provide proof during inspections by Municipality of Delft or ACM.
Violations lead to recalls or corrections.
Table: Genuine vs. Fake Was-Now Prices
| Criterion | Fair | Misleading |
|---|---|---|
| Was price | Lowest in 30 days | Higher than actual lowest |
| Discount | Based on real price | Fabricated for effect |
| Proof | Available | Missing or incorrect |
| Consequence | Safe | Fines, claims via District Court of The Hague |
Tips for Shoppers in Delft
Avoid pitfalls:
- Check price history: Via Google Shopping or local apps.
- Take photos: Evidence of the deal in Delft stores.
- Compare: Bol.com, Coolblue or Delft city center.
- Report: To ACM (acm.nl/melden) or Juridisch Loket Delft.
Unsure? Hold off on buying and seek advice from Juridisch Loket Delft or Municipality of Delft. More: Fake Deals in Delft, Rights in Delft.
FAQ on Was-Now Prices
Does this apply to second-hand items in Delft?
No, mainly new products. Second-hand prices must be realistic, without the 30-day rule.
Difference between online and in-store in Delft?
Separate 30-day check per sales channel.
Demand a fine as a Delft resident?
No, ACM handles that. Claim damages at District Court of The Hague.
'First time €X' in Delft?
Allowed without was price if true, but 'never lower before' must be accurate.