Misleading Trade Practices in Tilburg
Misleading trade practices also occur in Tilburg, where businesses mislead consumers about products or services, such as false promises regarding quality, price, or origin. This is prohibited under Dutch consumer law, and Tilburg residents have powerful remedies, including dissolution of the sales agreement.
What are misleading trade practices in Tilburg?
These practices fall under unfair trade practices and target the average consumer – a normally attentive Tilburg resident. Misleading occurs through incorrect information, omission of facts, or suggestive claims about products sold on Heuvelstraat or online.
Main variants:
- Misleading actions: A Tilburg retailer advertises 'organic vegetables' from the market without certification.
- Misleading omissions: A discount on electronics at a local store that applies only today, without mention.
The overall impression matters; only relevant aspects such as price, ingredients, or sustainability make it prohibited.
Legal basis for Tilburg consumers
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: Misleading about characteristics.
- Art. 6:193b DCC: Overall impression via advertising.
- Art. 6:193c DCC: 31 prohibited acts, such as fake scarcity or bogus reviews.
- Art. 6:194 DCC: Aggressive pressure.
The Authority for Consumers and Markets (ACM) intervenes with fines up to €900,000 or 10% of turnover. Tilburg residents can litigate civilly at the District Court of Zeeland-West-Brabant in Breda.
Examples from Tilburg and surroundings
A 'natural' shampoo at a Tilburg drugstore full of chemicals: misleading about composition (art. 6:193a). Or 'free shipping' at a local webshop with hidden €10 fees.
Commonly seen:
- Supermarket in Tilburg with '50% discount' on inflated prices.
- Car garage selling a used car as 'almost new' with high mileage.
- Fake reviews for Tilburg hospitality or shops online.
Comparison: Misleading vs. Aggressive
| Aspect | Misleading practices | Aggressive practices |
|---|---|---|
| Focus | Incorrect information | Pressure (e.g., door-to-door in Tilburg) |
| Example | "Eco-friendly" without proof | Refusing seller at home |
| Law | Art. 6:193a-193c DCC | Art. 6:193e-193f DCC |
| Consequence | Dissolution, damages claim | Void deal |
Rights for Tilburg consumers
You can:
- Dissolve the purchase (art. 6:193j DCC) and get your money back.
- Demand damages.
- Seek free advice at Juridisch Loket Tilburg, then go to the Disputes Committee or District Court of Zeeland-West-Brabant (Breda).
- Report to ACM or Municipality of Tilburg for local markets.
Statute of limitations: 3 years from discovery.
Obligations of Tilburg businesses
They must be transparent:
- Full information before purchase.
- Verify reviews.
- Prices including VAT and fees (art. 6:123 DCC).
Violators risk fines and claims.
Enforcement and consequences
ACM fines, such as €150,000 for false discounts. Consumer association actions help. Tilburg residents often win at the District Court of Zeeland-West-Brabant with evidence.
Frequently Asked Questions
Is a discount in Tilburg always misleading?
No, unless the price was artificially inflated. ACM: lowest price in the last 30 days applies.
Cancel online misleading in Tilburg?
Yes, 14-day cooling-off + dissolution. Keep screenshots.
Business bankrupt?
Claim with trustee; report to ACM or Municipality of Tilburg.
Greenwashing in Tilburg?
Yes, 'sustainable' without proof (art. 6:193a sub e DCC).
Tips for Tilburg residents
Avoid misleading:
- Check labels like Thuiswinkel Waarborg.
- Verify prices at Municipality of Tilburg or Juridisch Loket.
- Read reviews critically on platforms.
- Report suspicious behavior to ACM.