Misleading Commercial Practices in Den Haag
Misleading commercial practices are actions by businesses that intentionally or unintentionally mislead Den Haag residents about products or services. This includes false promises about quality, price, or origin – prohibited under Dutch consumer law. Residents of Den Haag have strong remedies, such as termination of the purchase agreement, and can turn to the Juridisch Loket Den Haag for free advice.
What exactly are misleading commercial practices?
These practices fall under unfair commercial practices and target the average consumer in Den Haag: a normally informed, attentive, and cautious citizen. Misleading occurs through incorrect information, withholding key details, or falsely claiming attributes that do not exist.
Two main types:
- Misleading actions: False advertising, such as promoting a product as 'local from Den Haag' when it is imported.
- Misleading omissions: Failing to disclose that a deal at the Haagse Markt is limited to one hour.
The overall impression determines if it is misleading. Minor exaggerations do not count; it must affect essential aspects like price, ingredients, environmental impact, or your legal rights.
Legal basis in the Netherlands
The law is found in Civil Code Book 6, Title 3, Section 2 (arts. 6:193a to 6:193f CC), based on the EU Directive 2005/29/EC. Key articles:
- Art. 6:193a CC: Misrepresentation of material characteristics.
- Art. 6:193b CC: Deception through overall impression, including in Den Haag ads.
- Art. 6:193c CC: 31 blacklisted practices, such as fake urgency ('last spot in Den Haag!') or paid reviews.
- Art. 6:194 CC: Aggressive practices, related but distinct.
The Authority for Consumers & Markets (ACM) enforces with fines up to €900,000 or 10% of turnover. Locally, you can approach the Rechtbank Den Haag for civil proceedings.
Practical examples in Den Haag
You buy a 'Den Haag specialty' full of additives: misleading about ingredients (art. 6:193a(1)(a) CC). Or a webshop promises 'free delivery in Den Haag' but charges €8 extra: price misrepresentation.
Typical local cases:
- A supermarket in Schilderswijk advertises '60% off' from an inflated price.
- A garage on Laan van Wateringsveld calls a used car 'like new' despite high mileage.
- Fake reviews for Den Haag webshops or Airbnbs.
Comparison: Misleading vs. Aggressive
| Aspect | Misleading practices | Aggressive practices |
|---|---|---|
| Focus | Incorrect or missing information | Applying pressure (threats, home visits) |
| Example | 'Sustainable from Den Haag' without proof | Salesperson at your door who won't leave |
| Law | Arts. 6:193a-193c CC | Arts. 6:193e-193f CC |
| Consequence | Termination or damages claim | Agreement void |
Rights of Den Haag residents
If affected, you can:
- Terminate the purchase (art. 6:193j CC) and get a refund.
- Claim damages for additional costs.
- Proceed via the Disputes Committee, Rechtbank Den Haag, or Juridisch Loket Den Haag.
- Report to the ACM for fines.
Limitation period: three years from discovery.
Obligations of businesses in Den Haag
Businesses must be transparent and not deceive Den Haag consumers. Required:
- Provide full information before purchase.
- Verify reviews and remove fakes.
- Display prices incl. VAT and fees (art. 6:123 CC).
Violators face sanctions, lawsuits, and reputational damage via the Gemeente Den Haag.
Consequences and enforcement
ACM fines, such as €150,000 for false Den Haag offers in 2023. Consumers' Association takes action. Victims often win at Rechtbank Den Haag with evidence.
Frequently asked questions
Is a hidden discount always wrong?
No, unless the base price is artificially inflated. ACM rule: no higher than the lowest price in the last 30 days.
Can you cancel online after deception?
Yes, 14-day cooling-off plus termination. Save screenshots of Den Haag ads.
Business bankrupt?
Claim from trustee, but report to ACM. Juridisch Loket Den Haag assists.
Is greenwashing misleading?
Yes, 'CO2-neutral in Den Haag' without substantiation (art. 6:193a(e) CC).
Tips for Den Haag residents
Avoid deception:
- Check labels like Thuiswinkel Waarborg.
- Verify with Gemeente Den Haag or local inspectors.
- Consult Juridisch Loket Den Haag if in doubt.