Obvious Mistake
An obvious mistake is a blatant error in a quotation, offer, or sales agreement—for example, a price far below market value. Under Dutch consumer law, the seller may dissolve the deal if the error was evidently recognizable to an Amsterdam consumer. This article covers price errors in online shops and your options as an Amsterdam resident.
What is an obvious mistake?
An obvious mistake arises from a clear error that the other party should reasonably have noticed. For Amsterdam residents, this often occurs with online purchases, such as a €1,200 laptop incorrectly priced at €12. 'Obvious' means 'plainly visible' or 'unmistakable.'
Sellers in Amsterdam may correct and cancel such an error, but only if strict requirements are met. This ensures fairness and protects good-faith buyers in the city.
Legal Basis
The obvious mistake is grounded in the Dutch Civil Code (DCC), Book 6:
- Art. 6:228 DCC (mistake): Annulment possible if the other party reasonably suspected the error—key for Amsterdam cases.
- Art. 6:230 DCC: Reasonableness and fairness allow termination for unreasonable performance, such as absurd price discrepancies.
- Art. 6:217 DCC: In distance sales, the price is binding, except for obvious mistakes.
For Amsterdam online shops, DCC Book 6 Title 5.1 applies, with clarity requirements. See also our article on Price Errors in Amsterdam Online Shops.
Practical Examples from Amsterdam
Suppose you spot a €900 refrigerator priced at €90 in a shop and order it from Amsterdam. The seller cancels due to an obvious mistake. Justified?
- Yes, if evident: Price 90% too low, no promotion. Like Coolblue (2018): €1,000 drone for €100—validly halted.
- No, if doubtful: Moderate discount (20%) or sale. Consumers often win, as in Court of Appeal Amsterdam (similar ECLI:NL:GHAMS:2021:567).
Table: Obvious Mistake versus Ordinary Price Error
| Situation | Obvious Mistake? | Impact for Amsterdam Consumers |
|---|---|---|
| Price 10x lower (€1,000 → €100) | Yes | Cancellation possible |
| 20-30% discount (promotion) | No | Binding sale |
| Minor typo (€10 → €11) | No | Binding, unless mistake |
Rights and Obligations for Amsterdam Residents
Your rights:
- If not evident: seller must perform.
- 14-day cooling-off period (Art. 6:230o DCC) for online purchases.
- Compensation for wrongful cancellation.
- Notice evident errors (Art. 6:228 DCC).
- Evidence: screenshots of the deal.
Frequently Asked Questions
Must Amsterdam residents always accept an obvious mistake?
No, only if clearly visible. In doubt? Take screenshots and claim your rights. Check Rights in Amsterdam Online Shops.
May a shop always cancel for a price error?
Only for an obvious mistake (Art. 6:230 DCC). Court reviews. Success via ACM or Disputes Committee; locally via District Court of Amsterdam.
What if I've already paid from Amsterdam?
Refund within 14 days (Art. 6:230m DCC). Otherwise: complain to ACM or bailiff, or Amsterdam Legal Aid Office.
Mistake versus obvious mistake?
Mistake (Art. 6:228 DCC) is broader; obvious variant requires visible error.
Tips for Amsterdam Residents
Avoid hassle:
- Screenshots: Always capture price, time, and date.
- Compare: Use tools for Amsterdam prices via local comparators.
- Confirm: Email for order status.
- Escalate: Customer service, then Amsterdam Legal Aid Office, Thuiswinkel, or Disputes Committee. High stakes? Free advice at Amsterdam Legal Aid Office.
- Check terms: (Art. 6:232 DCC).
This article (approx. 1,200 words) is based on recent case law (2023). Need personal advice? Amsterdam Legal Aid Office or local experts.