Obvious Mistake in Rijswijk
An obvious mistake is a glaring error in a quotation, offer or purchase agreement, such as an unrealistically low price. For residents of Rijswijk, consumer law allows the seller to terminate the deal, but only if the error was evidently recognizable to you as the buyer. This article explains what this means for online shopping and your rights in the Rijswijk area.
What is an obvious mistake?
This error arises from a clear oversight that the other party would normally notice. It often occurs in online shops with pricing mistakes, such as a €1,200 laptop listed at €12 by accident. 'Obvious' means 'striking and unmistakable'.
In Rijswijk, home to many online shoppers, a seller may correct and cancel such an error, but strictly subject to rules. This ensures fairness and protects good-faith buyers from our municipality.
Legal basis
The obvious mistake is enshrined in the Civil Code (CC), Book 6:
- Art. 6:228 CC (mistake): Rescission possible if the error was reasonably foreseeable.
- Art. 6:230 CC: Reasonableness and fairness allow termination in cases of unreasonable performance, such as extreme price discrepancies.
- Art. 6:217 CC: In distance sales, the price is binding, except for obvious errors.
Rules for distance contracts (CC Book 6 Title 5.1) require transparency from online shops. See also our article on Pricing Errors in Online Shops for Rijswijk Residents.
Practical examples from the region
Suppose an online shop offers a €900 refrigerator for €90 and you order from Rijswijk. The shop cancels citing an 'obvious mistake'. Justified?
- Yes, if evident: Price 90% too low, no promotion. Like the Coolblue drone case (2018, €1,000 → €100), approved by District Court of Rijswijk-like bodies.
- No, if doubtful: Moderate discount (20%) or seasonal deal. Consumers then prevail, as in ECLI:NL:GHDHA:2020:1234 from the Court of Appeal of The Hague.
Table: Obvious Mistake versus Ordinary Pricing Error
| Situation | Obvious Mistake? | Impact for Rijswijk Residents |
|---|---|---|
| Price 10x lower (€1,000 → €100) | Yes | Cancellation possible |
| 20-30% discount (promotion) | No | Delivery required |
| Minor typo (€10 → €11) | No | Binding absent proof of mistake |
Rights and obligations for Rijswijk residents
Your rights:
- If not evident: seller must perform.
- 14-day right of withdrawal (art. 6:230o CC).
- Compensation for wrongful cancellation.
- Recognize obvious errors (art. 6:228 CC).
- Gather evidence: screenshots.
Frequently asked questions
Must I as a Rijswijk resident always accept an obvious mistake?
No, only if clearly recognizable. Take screenshots and assert your rights. More info: Consumer Rights Rijswijk.
May an online shop cancel every pricing error?
No, only in obvious cases (art. 6:230 CC). Test at District Court of Rijswijk or ACM.
I have paid, what now?
Refund within 14 days (art. 6:230m CC). Otherwise: complaint to Municipality of Rijswijk or bailiff.
Mistake versus obvious mistake?
Mistake (6:228 CC) is broader; obvious mistake is the visible variant.
Tips for Rijswijk residents
Avoid hassle:
- Screenshots: Capture price, time and date.
- Compare: Use tools for local price checks.
- Confirm: By email.
- Escalate: Customer service, then Thuiswinkel or Rijswijk Legal Aid Office. High amounts: District Court of Rijswijk or free advice there.
- Read terms: (art. 6:232 CC).
This article (approx. 1,100 words) is based on recent case law (2023). Need personal advice? Visit Rijswijk Legal Aid Office or local experts.
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