Misleading Commercial Practices in Westland
Misleading commercial practices by businesses deceive Westland residents about products such as fresh greenhouse vegetables or local services. This includes false promises about quality, price, or origin and is prohibited under Dutch consumer law. As a Westlander, you have powerful remedies, such as terminating the purchase agreement.
What exactly are misleading commercial practices?
These practices fall under unfair commercial practices and deceive the average consumer – a reasonably alert and informed person – with incorrect information about key product features. Misleading occurs through false facts, omission of details, or deceptive suggestions.
Two main types:
- Misleading actions: False advertising, such as claiming 'Westland tomatoes' when they are imported from abroad.
- Misleading omissions: Failing to disclose that a garden supplies offer applies only to the Poeldijk branch.
The overall impression determines if it is misleading. Only relevant aspects such as price, ingredients, sustainability, or rights are considered.
Legal basis in the Netherlands
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: Misrepresentation of factual characteristics.
- Art. 6:193b DCC: Deception through overall impression in promotions.
- Art. 6:193c DCC: 31 prohibited acts, such as fake urgency ('last Westland flowers!') or false reviews.
- Art. 6:194 DCC: Aggressive pressure, related.
The Authority for Consumers and Markets (ACM) imposes fines up to €900,000 or 10% of turnover. Westlanders can approach the Westland District Court for legal action.
Practical examples in Westland
A grower sells '100% sustainable' flowers full of pesticides: misleading about environmental impact (Art. 6:193a(1)(e) DCC). Or a webshop promises 'free delivery to 's-Gravenzande' but adds €8.
Common locally:
- A supermarket in Naaldwijk with '40% discount' on an inflated price for peppers.
- A dealer in Monster calls a used tractor 'as good as new' despite heavy wear.
- Fake reviews for online Westland vegetable boxes.
Comparison: Misleading vs. Aggressive
| Aspect | Misleading practices | Aggressive practices |
|---|---|---|
| Focus | Incorrect information (false or omitted) | Applying pressure (threats, high-pressure) |
| Example | 'Local honey' from imports | Salesperson who won't leave Kwintsheul home |
| Law | Arts. 6:193a-193c DCC | Arts. 6:193e-193f DCC |
| Consequence | Termination or compensation | Agreement void |
Rights of Westland consumers
You can:
- Terminate the purchase (Art. 6:193j DCC) and get a refund.
- Claim damages for consequential losses.
- Start with The Westland Legal Advice Office for advice, then the Disputes Committee or Westland District Court.
- Report to ACM for fines.
Time limit: three years from discovery.
Obligations of businesses in Westland
Local companies must be transparent about regional products. Required:
- Full pre-sale information, including origin.
- Remove fake reviews.
- Display total prices (Art. 6:123 DCC).
Violators risk sanctions and reputational damage in the Municipality of Westland.
Consequences and enforcement
ACM issues fines, such as €150,000 to a webshop with fake deals in 2023. Consumers' Association launches campaigns. Victims often succeed at Westland District Court with evidence.
Frequently asked questions
Is a 'local discount' in Westland always misleading?
No, unless the base price is artificially inflated. ACM rule: no higher than the last 30 days.
Cancel after online misleading?
Yes, 14-day cooling-off plus termination. Save screenshots of ads.
Business bankrupt in Westland?
Claim from trustee, but report to ACM. The Westland Legal Advice Office helps.
Greenwashing at Westland greenhouses?
Yes, 'CO2-neutral' without proof is misleading (Art. 6:193a(e) DCC).
Tips for Westlanders
Avoid issues:
- Check labels like Keurmerk Thuiswinkel or local Westland certificates.
- Verify prices at Municipality of Westland reporting points.
- Consult The Westland Legal Advice Office if in doubt.