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Case detail



Directive article Article 5 1.
Article 6 1. (d)
National ID Slovak Trade Inspection, 12.05.2008 -- ref. code: P/0062/08/08
Country Slovakia Decision date 12/05/2008
Common name Decision type Administrative decision, first degree
Court Slovenská obchodná inšpekcia, Košice Inšpektorát Slovenskej obchodnej inšpekcie so sídlom v Košiciach pre Košický kraj Plaintiff(s)
Court translation Slovak Trade Inspection, Košice Slovak Trade Inspection, Inspectorate with its registered seat in Košice, Košice district Defendant(s) TESCO STORES SR, a.s., Kamenné námestie 1/A, Bratislava, IČO: 30655862
Subject misleading statements
Keywords false informationfreemisleading advertisingmisleading commercial practicesmisleading statementsspecial offertransactional decision

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Headnote

 

It is an unfair commercial practice to claim to provide a free product together with the purchase of a main product, while the free product is not actually delivered.

Facts

The defendant is a trader that offered a product (Olpran trampoline) with a sheet on the casing saying "GRATIS!!! Camitin - weight-loss product" (including a picture of the product "Camitin 500ml"). Despite this statement, the weight-loss product was not actually provided with the trampoline.

Legal issue

Is it an unfair commercial practice to claim to provide a free product together with the purchase of a main product, while the free product is not actually delivered? 

Decision

This practice was considered to harm the consumer's economic interests. As the promised product (Camitin) was not actually provided with the trampoline, the conduct of the trader was qualified as a misleading commercial practice.

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Result

The administrative body imposed a 10.000 Slovak crowns (approximately 332 EUR) fine.

Additional information

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