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You are usually not required to honor a webshop price that is clearly too good to be true. In the event of an obvious mistake — such as a product worth hundreds of euros for a few euros — you, as the seller, may cancel the order under certain conditions, because the customer should have understood that it was an error.
When is a purchase concluded?
A purchase agreement is formed by an offer and the acceptance thereof. In a webshop, displaying a product with a price constitutes the offer; the customer accepts by placing an order. In principle, an agreement then exists, even before the confirmation email — unless you have stipulated otherwise in your terms and conditions.
The obvious mistake
The situation is different in the case of an obvious pricing error. If it is clear to a normal customer that the price must be a mistake, he cannot justifiably rely on the purchase proceeding at that price. In that case, there is a lack of genuine meeting of minds, and you can rely on the error. The more extreme the deviation, the stronger your position.
Please note: not every low price counts
The exception applies only in the case of an obvious error. A substantial discount or a sharp offer is not a mistake; you must simply honor it. The limit lies at what a reasonable customer should have seen through. In case of doubt, you are in a weaker position.
Protect yourself with your terms and conditions
Include in your general terms and conditions that the agreement is only concluded after your confirmation, and that you are not bound by obvious errors or mistakes in prices and descriptions. Respond quickly to a pricing error and inform the customer clearly; if necessary, offer the product at the correct price.
Frequently Asked Questions
Do I have to correct a clear pricing error?
Usually not, if it was clear to a normal customer that it was a mistake. In that case, genuine meeting of minds is lacking.
Does this also apply to a great offer?
No. A discount or offer is not a mistake and you must honor it. Only an obvious error falls under the exception.
How do I avoid arguments?
Stipulate in your terms and conditions that the purchase is only valid after your confirmation and that you are not bound by obvious errors. Respond quickly and clearly in the event of an error.
Make your webshop terms and conditions watertight?
Our legal experts incorporate the correct clauses into your general terms and conditions and perform a legal scan of your webshop. Schedule a free consultation.
