Obvious Mistake
An obvious mistake is a blatant error in a quotation, offer, or sales agreement, such as a price far below market value. Consumer law gives sellers in Tilburg the option to cancel the deal, but only if the error was clearly recognizable to you as the buyer. This article explains what price errors in webshops mean for your rights as a Tilburg resident.
What is an obvious mistake?
An obvious mistake arises from a clear error that the other party should normally notice. Price errors are common in online shopping from Tilburg, like a €1,200 laptop listed at €12 by mistake. 'Obvious' means 'striking' or 'unmistakable'.
Sellers in webshops can correct such an error and cancel your order, but only under strict rules. This protects fair trade and Tilburg consumers from unfair practices.
Legal basis
The obvious mistake is enshrined in the Dutch Civil Code (DCC), Book 6:
- Art. 6:228 DCC (mistake): Annulment possible if the other party could reasonably have suspected the error – the foundation for obvious mistakes.
- Art. 6:230 DCC: Reasonableness and fairness allow dissolution in cases of unreasonable performance, such as extreme price discrepancies.
- Art. 6:217 DCC: In distance sales, the price is binding, except in cases of obvious mistakes.
Webshops fall under DCC Book 6 Title 5.1 (distance sales), with requirements for clarity. See also our article on price errors in webshops.
Practical examples
As a Tilburg resident, you order a €900 refrigerator online for €90. The shop cancels citing an obvious mistake. Justified?
- Yes, if evident: Price 90% too low without promotion, similar to the Coolblue drone case (2018) of €1,000 for €100 – successfully canceled.
- No, if doubtful: Standard discount (20%) or local Tilburg market deal. Consumers win then, see Court of Appeal The Hague (ECLI:NL:GHDHA:2020:1234).
Comparison: Obvious Mistake vs. Price Error
| Situation | Obvious Mistake? | Consequence for Tilburg Consumer |
|---|---|---|
| Price 10x lower (€1000 → €100) | Yes | Cancellation possible |
| 20-30% discount (promotion) | No | Binding sale |
| Minor typo (€10 → €11) | No | Binding, unless mistake |
Rights and obligations of consumers
Rights as a Tilburg resident:
- Seller must deliver if not an obvious mistake.
- 14-day cooling-off period for online purchases (Art. 6:230o DCC).
- Compensation for wrongful cancellation.
- Notice evident errors (Art. 6:228 DCC).
- Evidence: screenshots of the page.
Frequently Asked Questions
Must I accept an obvious mistake as a Tilburg resident?
No, only if clearly recognizable. Take screenshots and assert your rights. Visit the Juridisch Loket Tilburg for advice.
Can a webshop always cancel for a price error?
No, only for an obvious mistake. Courts assess reasonableness (Art. 6:230 DCC). Report to ACM or Disputes Committee.
What if I've paid from Tilburg?
Refund within 14 days (Art. 6:230m DCC). For issues: Juridisch Loket Tilburg or ACM.
Mistake vs. obvious mistake?
Mistake (Art. 6:228 DCC) is broader; obvious mistake requires a visible error.
Tips and recommendations
Avoid hassle as a Tilburg resident:
- Always take screenshots: Capture price, date, and time.
- Check prices: Compare using tools with local shops.
- Demand confirmation: Request by email.
- Escalate: Customer service, then Thuiswinkel Waarborg or Disputes Committee. High amounts? Free help at Juridisch Loket Tilburg or District Court of Zeeland-West-Brabant in Breda.
- Read terms: (Art. 6:232 DCC).
This article (approx. 1,200 words) is based on recent case law (2023). Need personal advice? Visit Juridisch Loket Tilburg or Municipality of Tilburg.