Before a consumer purchases something online, the seller must provide certain information to that consumer. As a webshop, it is wise to carefully check whether it complies with these information obligations. In the Netherlands, judges have to assess this ex officio and impose a sanction for a violation, such as refund of the purchase price.
The mandatory information mainly refers to details a consumer needs to make an informed purchase decision. For example, information on the main characteristics and price of the product (article 6:230m and article 6:230v of the Dutch Civil Code). Since the Arvato judgment of the Dutch Supreme Court (2021), Dutch judges have to assess ex officio - i.e. without a party invoking it - whether the seller has complied with these information obligations. Often, in the event of a violation, the court must impose a sanction: (i) in the case of information obligations for which Dutch law imposes a specific sanction, the court must impose that sanction and (ii) in the case of a "sufficiently serious breach" of an "essential" information obligation, e.g. the obligation to provide information about the price, for which Dutch law does not impose a specific sanction, the court must dissolve (in Dutch: ontbinden) the purchase agreement in whole or in part.
A seemingly 'small' mistake can have far-reaching consequences: last year, the court in The Hague dissolved a purchase agreement ex officio. The consumer was no longer required to pay the purchase price. The reason: the order button on the seller's website did not indicate clearly enough that placing an order implied a payment obligation, in violation of article 6:230v (3) of the Dutch Civil Code.
In addition, the Dutch courts have issued a sanction Guideline. For up to three sufficiently serious violations of essential information obligations (for which Dutch law does not impose a specific sanction), a 25% price reduction must be imposed and for more than three of such violations, a 50% price reduction.
This is certainly ample reason for online retailers to check carefully whether their webshop complies with the information obligations. Hoogenraad & Haak is happy to think along and even offers a fun and interesting seminar on this subject!
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
