Product incorrectly priced. Should I deliver?

It happens to almost every web shop owner at one time or another: a product is accidentally listed in the web shop with a wrong price. In a physical store, such an error is quickly corrected by replacing the price tag, but online it can happen that a product has been ordered dozens of times before you discover the error. The big question then is: are you obliged to supply the product at that price?

When is a pricing error obvious?

Whether you must deliver depends on whether the consumer could have known it was an error. In other words, was the price obviously too good to be true? Is the error minimal, say a few euros difference? Then, as a merchant, you will often have to deliver. Is the price clearly unrealistic? Then you can invoke a manifest error - this is also the legal name for such an error. A well-known example is the high sleeper that Leen Bakker accidentally offered in 2017 for €24 instead of €319. This led to thousands of orders. The retailer refused to deliver and the court ruled in favor of Leen Bakker: customers should have understood that the price could not be right.

What does the law say?

The law provides protection for both consumers and online retailers. According to a ruling by the 's-Hertogenbosch Court of Appeal, an offer is not valid if:

- The merchant did not intend to sell the product for the incorrect price.

- The consumer could have known it was an error.

This means that consumers also have their own responsibility. Do they see a new iPhone listed for €50? Then they should not simply expect to be able to buy it for that amount.

What do you do when a price error occurs in your webshop?

Have you accidentally mispriced a product? Don't panic! Follow these steps to resolve the situation nicely:

1. Correct the error - Adjust the price immediately to prevent further orders.
2. Inform the customer - Send a clear, friendly email explaining that there was an apparent mistake.
3. Offer a solution - Consider a small discount or other concession as a token of goodwill.
4. Be transparent - Explain how the error occurred and what measures you are taking to prevent a recurrence.

By acting quickly and transparently, you show that you are a professional merchant. And that contributes to the trust of your customers!