There are more and more platforms like where not only the owner of the platform or online marketplace sells products, but also . Very useful for both entrepreneur and consumer, but it is not always clear who the real seller is or why a certain seller is at the top.
This has been stopped at European level and since 28 May 2022, all online sales platforms in the Netherlands must also comply with these new rules. In particular, there are four obligations that must be taken into account:
- Who is the actual seller?
- Clarity about ranking in search results
- Recognizable ads
- Clarity about distribution of obligations
1. Who sells the product?
The information about the seller should become clearer. It must therefore be sufficiently clear who is actually selling.
Especially when the sales platform not only offers a platform to other sellers, but is also a seller itself, such as , this can sometimes lead to confusion. That confusion must end.
In addition, it may be the case that the property is sold by a company or by a private individual. That distinction must also be made clear. Regardless of the product. It doesn’t matter whether it’s new or used.
It should also be mentioned that if it is sold by a private individual, consumer rights do not apply. Think of the 14-day cooling-off period or conformity guarantee. When you buy from a private individual, you are not entitled to this. Not even if that individual sells it via .
Conversely, if a company sells something on Marktplaats.nl, in most cases the consumer rules apply and the company must therefore give a cooling-off period of 14 days and adhere to the rules regarding the guarantee of conformity.
Those rules of ‘distance selling’ only apply to sales via an automated system. If there is therefore only an invitation to negotiate and the advertisement on Marktplaats is only intended to start communication, then these rules do not apply. If the company uses a fixed price and it is more or less a matter of paying via Marktplaats and having it sent or making a collection appointment, then the consumer rules do apply again. In short, this can sometimes lead to complex situations. Watch out for that!
2. Ranking in search results
Does the sales platform offer a search function? Then, of course, there will be results based on a ranking.
Most relevant, lowest price, highest rating, fastest delivery, just make it up. That’s all possible. It is especially important that it is made clear what exactly this ranking is.
If you can choose between different rankings, for example with a drop-down menu, then you actually already comply with that information obligation. If only one list of results is shown, without it being possible to VP Purchasing Officer Email Lists hange it by the consumer, it is important that it is stated on the basis of which criteria the order of the results has been determined.
This arrangement only applies to the sales platforms themselves, not to external search engines such as Google.
3. Ads must be recognizable
Of course you can pay to be at the top of the list of sellers. Whether that is in the search results or standard with the product itself. That’s fine too. But it must be made clear that it has been paid for, so that the consumer can recognize it.
That is fair for competing sellers and for the consumer. This way the consumer cannot accidentally get the idea that the former seller is also the best. That is not necessarily the case.
Is it not only about paying for a position in the lists, but also about advertisements? They must of course also be recognizable. Actually, that’s not a new rule. This has always been necessary. It has now only been clarified for these types of advertisements, so that there can be no misunderstanding about i