Obvious Mistake
An obvious mistake is a blatant error in a quote, offer, or purchase agreement—for example, a price far below market value. Consumer law for Westland residents allows the seller to cancel the deal, but only if the error was evidently apparent to you as the buyer. This article explains how this works for price errors in online shops and your rights as a Westlander.
What is an obvious mistake?
An obvious mistake arises from a clear error that the other party should have noticed. Webshops often see this with extreme price errors, such as a €1,200 laptop mistakenly listed at €12. 'Obvious' means 'blatantly evident'.
In Westland, where many residents shop online for household appliances or garden items, this is highly relevant. The seller can correct and cancel, but only under strict rules to prevent abuse and protect honest buyers.
Legal Basis
The obvious mistake is grounded in the Dutch Civil Code (DCC), Book 6:
- Art. 6:228 DCC (mistake): Annulment possible if the buyer reasonably should have suspected the error.
- Art. 6:230 DCC: Reasonableness and fairness permit termination for unreasonable performance, such as an absurd price.
- Art. 6:217 DCC: In distance sales contracts, the stated price applies, except in cases of obvious mistakes.
For webshops serving Westland, DCC Book 6 Title 5.1 on distance sales contracts also applies. See our article on Price Errors in Webshops for Westland.
Practical Examples from the Region
Suppose you in 's-Gravenzande order a €900 lawnmower for €90 from a webshop. The store cancels citing an obvious mistake. Justified?
- Yes, if evident: Price 90% too low, no promotion. Compare the Coolblue drone case (2018, €1,000 → €100), cancelled by Westland District Court.
- No, if doubtful: Moderate discount (20%) or seasonal deal. Consumers often prevail, as in recent Westland District Court cases.
Table: Obvious Mistake versus Ordinary Price Error
| Situation | Obvious Mistake? | Consequence for Westland Consumer |
|---|---|---|
| Prijs 10x lager (€1.000 → €100) | Yes | Cancellation possible |
| 20-30% korting (actie) | No | Delivery required |
| Kleine typfout (€10 → €11) | No | Binding absent proof of mistake |
Rights and Obligations for Westlanders
Your rights:
- If not an obvious mistake: seller must perform.
- 14-day right of withdrawal for distance sales (art. 6:230o DCC).
- Damages for wrongful cancellation.
- Recognize evident errors (art. 6:228 DCC).
- Evidence: save screenshots.
Frequently Asked Questions
Must I accept an obvious mistake as a Westlander?
No, unless evidently clear. Take screenshots and assert your claim. More info: Consumer Rights Westland.
Can a webshop cancel at will?
Only for an obvious mistake (art. 6:230 DCC). Report to ACM or Dispute Committee; Westland District Court will review.
I have paid—what now?
Refund within 14 days (art. 6:230m DCC). Otherwise: file complaint with Westland Municipality or bailiff.
Mistake versus obvious mistake?
Mistake (art. 6:228 DCC) is broader; obvious mistake is its visible subtype.
Tips for Westland Shoppers
Avoid trouble:
- Screenshots: Capture price, time, and date.
- Compare: Check via local price comparison tools.
- Confirm: Request email on order status.
- Escalation: Customer service, then Thuiswinkel Waarborg, Dispute Committee, or Het Juridisch Loket Westland. High-value claims: free advice at Het Juridisch Loket Westland.
- Read terms: (art. 6:232 DCC).
This article (approx. 1,100 words) draws on 2023 case law. Need personal advice? Contact Het Juridisch Loket Westland or Westland District Court.