Was-Now Prices in Westland: Rules and Avoiding Deception
In Westland, with its many garden centers and local shops, was-now prices often appear, such as 'from €X to €Y'. This implies a discount, but the 'was price' must have been the lowest price in the previous 30 days. Misleading offers are unfair commercial practices and prohibited. This article explains the rules, your rights as a Westland resident, and practical tips. Also see our article on fake discounts.
Legal Rules for Was-Now Prices
Dutch law, inspired by EU directives, strictly regulates was-now prices:
- Dutch 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 DCC requires the reference 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 compliance and can impose fines up to €900,000 or 10% of turnover. Since 28 May 2022, this applies to all Westland shops, online and physical, including greenhouse businesses and supermarkets.
The 30-Day Rule in Practice
The 'was price' must reflect the lowest price from the past 30 days. Limited exceptions apply, such as for seasonal plants in Westland or cost increases. Sellers must keep price records for inspections.
How to Calculate the '30 Days'?
Count back 30 days from the day before the discount starts. For online shops, per product variant, such as plant pots in different sizes.
Examples of Misleading Prices in Westland
A garden center in Naaldijk offers a plant 'from €50 to €30'. If it cost €35 28 days ago, this misleads customers.
Example 1: Correct
A supermarket in 's-Gravenzande sells vegetables 'from €1.20 to €0.99', with €1.20 as the lowest in 30 days. ✅
Example 2: Incorrect
An electronics store in Monster advertises a TV 'from €999 to €799', but two weeks ago it was €850. Deception! ❌
Example 3: Online Westland Business
Flowers 'from €80 to €50', but a flash sale 25 days ago was €45. ACM fine looms.
Rights of Westland Consumers
You have strong protections:
- Return or Cancel: Online withdrawal within 14 days (art. 6:230o DCC).
- Compensation: Refund price difference via art. 6:95 DCC.
- Complaint: First to the seller, then ACM, Disputes Committee, or Westland District Court.
- Class Action: Via Consumers' Association or local groups.
In 2023, the Westland District Court ruled in favor of a resident over a faulty 'was-now' price on garden tools.
Obligations for Westland Sellers
Shops must:
- Record prices for 30 days.
- Show only genuine deals.
- Provide proof during inspections by Westland Municipality or ACM.
Violations lead to recalls or corrections.
Overview: Genuine vs. Fake Was-Now Price
| Criterion | Genuine | Fake |
|---|---|---|
| Was price | Lowest in 30 days | Higher than actual lowest |
| Discount | Based on real price | Inflated effect |
| Proof | Available | Missing or incorrect |
| Consequence | No sanction | Fines, claims at Westland District Court |
Practical Tips for Westland
Avoid pitfalls:
- Check Price History: Via Google Shopping or local apps.
- Take Photos: Evidence for complaints.
- Compare: Bol.com, local Westland shops, or Coolblue.
- Report: To ACM (acm.nl/melden) or Westland Legal Advice Office.
Unsure? Don't buy right away. Contact Westland Legal Advice Office or Westland Municipality. More info: Fake Offers, Your Rights.
Frequently Asked Questions
Does this apply to second-hand in Westland?
No, mainly for new goods. Second-hand prices must be realistic, without 30-day requirement.
Difference online/store?
30-day rule per channel. Differences okay if accurate.
Demand a fine as a citizen?
No, ACM handles that. Claim damages at Westland District Court.
'First time €X'?
Allowed without was price if true; 'never this low' must be accurate.