Was-Now Price in Den Haag: Rules and Preventing Misleading Practices
A was-now price in Den Haag shops and online stores often displays 'was €X now €Y', with €Y as the attractive discount price. This is permitted only if the 'was price' was the lowest in the previous 30 days. Misleading was-now prices are deemed unfair commercial practices and are prohibited. For Den Haag residents, we explain the rules, your rights, and tips, with a focus on local situations. Read also about fake deals and misleading prices in the region.
Legal Rules for Was-Now Prices around Den Haag
Dutch law, inspired by EU directives, strictly regulates was-now prices. 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 before 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 to all physical and online sellers in Den Haag.
The 30-Day Rule in Practice for Den Haag
The 'was price' must reflect the lowest price over the past 30 days. Exceptions apply for seasonal items or cost increases, but Den Haag sellers must retain price records for inspections.
How to Calculate the '30 Days'?
Count 30 days back from the day before the discount starts. For online shops, this applies per variant, such as at Den Haag fashion chains.
Examples of Misleading Was-Now Prices in Den Haag
A store on Grote Marktstraat offers a jacket 'was €60 now €40'. Was it €45 20 days ago? Then it's misleading.
Example 1: Correct
A supermarket like Albert Heijn in Den Haag sells bread 'was €2.50 now €1.99'. €2.50 was the lowest price in 30 days. ✅
Example 2: Incorrect
MediaMarkt Den Haag advertises a laptop 'was €899 now €699'. Was it €750 a month ago? Misleading discount. ❌
Example 3: Den Haag Boutique
A bag 'was €100 now €70', but a flash sale 22 days ago at €65. ACM fine looms.
Rights of Den Haag Consumers in Case of Misleading Practices
As a Den Haag resident, you can rely on:
- Return or Cancellation: Online purchases? Withdraw within 14 days (art. 6:230o CC).
- Damage Claim: Recover price difference via art. 6:95 CC at the District Court of Den Haag.
- Complaint: First with the seller, then ACM, Disputes Committee, or Legal Aid Office Den Haag for free advice.
- Collective Claim: Support from the Consumers' Association.
In 2023, the district court judge at the District Court of Den Haag ruled in favour of a local consumer over an incorrect 'was-now price' on a refrigerator.
Obligations for Sellers in Den Haag
Den Haag businesses must:
- Record prices for 30 days.
- Show only genuine discounts.
- Provide proof during inspections.
Violations lead to recalls or corrections via the Municipality of Den Haag or ACM.
Comparison: Genuine vs. Fake Was-Now Price
| Criterion | Genuine | Fake |
|---|---|---|
| Was price | Lowest in 30 days | Higher than actual lowest |
| Discount | Based on actual price | Inflated effect |
| Proof | Available | Missing or incorrect |
| Consequence | No sanction | ACM fine, claims |
Tips for Den Haag Residents to Avoid Misleading Practices
Protect yourself:
- Check Price History: Via Google Shopping or local apps.
- Take Photos: Evidence of the offer in Scheveningen or city centre.
- Compare: Bol.com, Coolblue, or Den Haag shops.
- Report: To ACM (acm.nl/melden) or Legal Aid Office Den Haag.
In doubt? Hold off on buying and seek advice at the Legal Aid Office Den Haag. Contact Arslan Advocaten for assistance. More: Fake Deals, Consumer Rights Den Haag.
Frequently Asked Questions for Den Haag
Does the 30-day rule apply to second-hand items in Den Haag?
No, mainly for new items. Second-hand via Marktplaats must be realistic, without a strict 30-day rule.
Difference between online and in-store in Den Haag?
Assessed per channel: webshop and physical store in Zeeheldenkwartier must each comply separately.
Demand a Fine as a Den Haag Resident?
No, ACM handles that. Claim damages at the District Court of Den Haag.
'First Time €X' in Local Shops?
Allowed for new items, but 'never lower' must be accurate.