Was-Now Price in Amsterdam: Rules and Preventing Misleading Practices
A was-now price in Amsterdam stores or webshops often displays 'from €X to €Y', with €Y as the attractive discount price. This is permitted only if the 'was-price' was the lowest price in the preceding 30 days. Misleading was-now prices constitute unfair commercial practices and are prohibited. This article explains the rules, your rights as an Amsterdam resident, and tips for local shoppers. Also read about fake deals in Amsterdam.
Legal Basis for Was-Now Prices in Amsterdam
Dutch laws, including those applied by the District Court of Amsterdam, follow EU directives. Key sources:
- Civil Code Book 6, Article 6:117: Prohibits misleading price information as an unfair practice.
- Act of 28 May 2022 (EU Omnibus Directive 2019/2161): Article 6:194e CC requires the reference price to be the lowest in the 30 days prior to the discount.
- Price Indication Regulation 2021: Includes the 30-day rule for fair price indications.
The Authority for Consumers & Markets (ACM) enforces this nationwide, with fines up to €900,000 or 10% of turnover. Since 28 May 2022, it applies strictly to physical stores and online shops in Amsterdam.
The 30-Day Rule in Practice in Amsterdam
Key point: the 'was-price' must be the lowest price over the past 30 days. Exceptions for seasonal items or cost increases, but sellers in Amsterdam must maintain price records as proof.
How to Calculate the '30 Days' in Amsterdam?
From the day before the discount, counting back 30 days. For online shops, per variant, such as in Amsterdam fashion webshops (color/size).
Examples of Misleading Was-Now Prices in Amsterdam
Example: A webshop offers a jacket 'from €60 to €40'. If it was €45 twenty days ago in a De Pijp store, it's misleading.
Example 1: Correct
An Amsterdam supermarket in Oost sells bread 'from €2.50 to €1.99'. €2.50 was the lowest price in 30 days. ✅
Example 2: Misleading
An electronics store on Nieuwendijk advertises headphones 'from €150 to €100'. A month ago €120 on sale. Customer misled. ❌
Example 3: Local Fashion Store
A dress 'from €90 to €60' at a shop in the Negen Straatjes. But flash sale 22 days ago for €55. ACM fine looms.
Rights of Amsterdammers in Case of Misleading Prices
You have strong protections:
- Withdraw/terminate: Online? Return within 14 days (art. 6:230o CC).
- Damage claim: Price difference via art. 6:95 CC at the District Court of Amsterdam.
- Complaint: First to the seller, then ACM or Disputes Committee. Start at Juridisch Loket Amsterdam.
- Class action: With Consumentenbond or local advocacy groups.
Example: In 2023, the District Court of Amsterdam ruled that a consumer was entitled to a refund for incorrect 'was-now' pricing on refrigerators.
Obligations of Sellers in Amsterdam
Stores must:
- Record prices for 30 days.
- Advertise only genuine discounts.
- Provide proof during inspections by the Municipality of Amsterdam or ACM.
Violations lead to recalls or corrections.
Comparison: Genuine vs. Fake Was-Now Price
| Criterion | Genuine (Amsterdam) | Fake |
|---|---|---|
| Was-price | Lowest in 30 days | Higher than actual lowest |
| Discount | Based on real price | Inflated |
| Proof | Available | Missing |
| Consequence | Safe | Fines, claims at District Court of Amsterdam |
Tips for Amsterdammers
Avoid deception:
- Check prices: Google Shopping or local trackers.
- Photos: Evidence of offers in stores like Kalverstraat.
- Compare: Bol.com, Coolblue, or Amsterdam shops.
- Report: ACM via acm.nl/melden or Juridisch Loket Amsterdam.
Unsure? Hold off on buying. Consult Juridisch Loket Amsterdam or Arslan Advocaten. More: Fake Deals, Consumer Rights Amsterdam.
Frequently Asked Questions for Amsterdam
Does the 30-day rule apply to second-hand items in Amsterdam?
No, mainly new products. Second-hand via Marktplaats: realistic prices, no strict rule.
Difference between online and in-store in Amsterdam?
30 days per channel. Local stores and webshops separately.
Demand a fine as an Amsterdammer?
No, ACM handles that. Claim damages at District Court of Amsterdam.
'First time €X' in Amsterdam?
Allowed without was-price if new. 'Never this low' must be accurate.