Was-Now Price Explained for Tilburg Shoppers

Was-Now Price: Rules and Preventing Deception in Tilburg

A was-now price in Tilburg stores or online shops often displays 'from €X to €Y', where €Y is the attractive discounted price. This is only permitted if the 'was price' was indeed the lowest price during the 30 days prior to the offer. Misleading was-now prices are considered unfair practices and are prohibited. This article explains the rules, your rights as a Tilburg resident, and practical tips, tailored for shoppers on Heuvelstraat or at local supermarkets. See also our article on fake deals.

Legal Basis for the Was-Now Price

For Tilburg consumers, the rules on was-now prices are set out in Dutch law, inspired by EU directives. 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 (was price) to be the lowest in the 30 days before the discount.
• Price Indication Decree 2021: Includes the 30-day rule for fair price indications.

The Authority for Consumers & Markets (ACM) enforces this nationwide, with fines up to €900,000 or 10% of turnover. Since 28 May 2022, it applies strictly to Tilburg brick-and-mortar stores like those on Koostraat and online shops. For disputes, contact the District Court of Zeeland-West-Brabant in Breda.

Application of the 30-Day Rule in Tilburg

The rule is clear: the 'was price' must be the lowest price in the last 30 days. Exceptions apply for seasonal items or cost increases, but Tilburg sellers must prove price data through their records.

What Exactly Does '30 Days' Mean?

The clock starts the day before the discount and counts back 30 days. For online orders from Tilburg, this applies per variant, such as size or color.

Real-World Examples of Misleading Was-Now Prices in Tilburg

Example: An online shop offers a jacket 'from €60 to €40'. But 20 days earlier, it was €42 – misleading for Tilburg buyers.

Example 1: Correct
A Jumbo in Tilburg sells bread 'from €2.50 to €1.99'. €2.50 was the lowest price in 30 days. ✅

Example 2: Misleading
An electronics store on Heuvelstraat advertises a laptop 'from €899 to €699'. Three weeks ago, it was €750 – discount illusion! ❌

Example 3: Local Fashion Store
A pair of pants 'from €70 to €45' in a Tilburg boutique. But a prior promotion priced it at €42. ACM fine looms.

Your Rights as a Tilburg Consumer in Case of Deception

You have strong options:

1. Return or Cancel: Bought online? Withdraw within 14 days (art. 6:230o CC).
2. Damage Claim: Recover price difference via art. 6:95 CC at the Breda subdistrict court.
3. File a Complaint: First with the store, then ACM, Disputes Committee, or Juridisch Loket Tilburg.
4. Class Action: Join the Consumentenbond.

In 2023, a Tilburg consumer won a refund from the District Court of Zeeland-West-Brabant (Breda location) for a faulty 'was-now' price on a refrigerator.

Obligations of Sellers in Tilburg

Stores must:

• Record prices for 30 days.
• Show only genuine discounts.
• Provide proof during inspections by ACM or Municipality of Tilburg.

Violations lead to recalls or corrections.

Comparison: Genuine vs. Fake Was-Now Price

Tips for Tilburg Shoppers

Avoid pitfalls:

• Check Price History: Via Google Shopping or local apps.
• Take Photos: Evidence of the Tilburg offer.
• Compare Locally: Bol.com, Coolblue, or stores in Tilburg city center.
• Report Deception: To ACM (acm.nl/melden) or Juridisch Loket Tilburg for free advice.

Unsure? Don't buy right away and call Juridisch Loket Tilburg. Contact Arslan Advocaten. More info: Fake Deals, Consumer Rights Tilburg.

Frequently Asked Questions