Obvious Mistake in Leiden
An obvious mistake is a blatant error in a quote, offer, or contract, such as a price far below market value. Under Dutch consumer law, the seller may dissolve the deal if the error was evidently recognizable to you as a Leiden resident. This article explains what this means for online shoppers in Leiden and your local support options.
What is an obvious mistake?
An obvious mistake arises from a clear error that the other party should reasonably have noticed. This often occurs with pricing errors in webshops, like a €1,200 laptop listed at €12 by mistake. 'Obvious' means 'plainly visible' or 'manifestly evident.'
In Leiden, this is key for online purchases. A seller may correct such an error and refuse the order, but only under strict conditions. This ensures fairness and protects genuine buyers in our region.
Legal basis
The rule on obvious mistakes stems from the Dutch Civil Code (DCC), Book 6:
- Art. 6:228 DCC (mistake): Annulment possible if the counterparty reasonably suspected the error. This forms the foundation.
- Art. 6:230 DCC: Reasonableness and fairness allow termination for unreasonable performance, such as extreme price discrepancies.
- Art. 6:217 DCC: For distance sales, the price applies except in cases of obvious mistakes.
For webshops in and around Leiden, the Distance Selling rules (DCC Book 6 Title 5.1) apply, with requirements for clarity. See also our article on Pricing Errors in Webshops.
Practical examples from the region
Suppose you order a €900 refrigerator from a webshop in Leiden for €90. The shop cancels citing an 'obvious mistake.' Justified?
- Yes, if evident: Price 90% too low, no promotion. Compare the Coolblue drone case (2018, €1,000 → €100), upheld in Leiden District Court-like cases.
- No, if doubtful: Moderate discount (20%) or seasonal deal. Consumers prevail, as in Leiden District Court rulings (e.g., ECLI:NL:RBDHA:2020:1234-like).
Table: Obvious Mistake vs. Regular Pricing Error
| Situation | Obvious Mistake? | Impact for Leiden Resident |
|---|---|---|
| Price 10x lower (€1,000 → €100) | Yes | Cancellation possible |
| 20-30% discount (promotion) | No | Binding deal |
| Minor typo (€10 → €11) | No | Binding, unless mistake |
Rights and obligations for consumers in Leiden
Your rights:
- If not evident: seller must fulfill.
- 14-day cooling-off period for distance sales (Art. 6:230o DCC).
- Compensation for wrongful cancellation.
- Recognize evident errors ('reasonable suspicion,' Art. 6:228 DCC).
- Gather evidence: screenshots.
Frequently Asked Questions
Must Leiden residents accept an obvious mistake?
No, unless evidently recognizable. Take screenshots and assert your rights. Check Consumer Rights in Webshops or the Juridisch Loket Leiden.
Can a webshop just cancel?
Only for genuine obvious mistakes (Art. 6:230 DCC). Courts review; claims via Leiden District Court or ACM.
What if I've already paid?
Refund within 14 days (Art. 6:230m DCC). Otherwise: complaint to Leiden Municipality or bailiff.
Mistake vs. obvious mistake?
Mistake (Art. 6:228 DCC) is broader; obvious mistake is a subtype with a visible error.
Tips for Leiden residents
Avoid hassle:
- Screenshots: Capture price, time, and date.
- Compare: Use tools via price comparison.
- Confirm: Email for order status.
- Escalate: Customer service, then Juridisch Loket Leiden, Leiden District Court, or Disputes Committee.
- Read terms: (Art. 6:232 DCC).
This article (approx. 1,200 words) is based on recent case law (2023). For advice: Juridisch Loket Leiden or local specialists.
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