The Omnibus Directive brings with it a number of changes to consumer and competition law. These include adjustments to the Price Indication Ordinance, which online retailers will have to implement in their online store from May 28, 2022. We have summarized these briefly and concisely for you.
Base prices are standardized
Until now, base prices for which the nominal volume does not usually exceed 250 milliliters or 250 grams may be indicated per 100 grams or milliliters. This exception will be removed. Base prices must therefore always be indicated per kilogram, meter, liter, square meter or cubic meter.
Good and the purpose of this regulation is to improve comparability. Until now, the exception made it possible for base prices to be stated per different unit of measure even in the same online store. This naturally makes comparability more difficult. The exception has therefore now been removed.
Practical tip: As the exception is an “optional” provision that does not have to be implemented, online retailers can already adjust their base prices now in order to be legally compliant by the deadline of 28 May.
Rules for discount campaigns
Advertising with discounts is to become much more transparent for customers. If a discount is advertised, the retailer must in future state a reference price. This so-called strike price must be the lowest price that has actually been charged in the last 30 days. This is intended to prevent companies from artificially pushing up prices before a discount campaign in order to be able to advertise large discounts.
Frequently asked question: Nothing changes for advertising with the recommended retail price (RRP). This advertising may continue to be used as usual. Online retailers must therefore continue to observe two things here: Firstly, it must be clear that it is the RRP, and secondly, that this RRP is actually up-to-date.
Avoid warnings
Online retailers must note that these changes will be implemented in their online store on May 28. As there is no transition period, it is advisable to start the gradual implementation now.
In addition to the changes to price information, there are other important points that should not be missed. For example, online retailers must provide information in their store about whether and how the authenticity of customer reviews is verified. The information must be placed in such a way that it can be perceived by consumers together with the customer reviews. Some changes have also been made to the right of withdrawal. The obligation to provide a fax number has been removed.
If you miss these changes, you risk warnings, especially if you violate the Price Indication Ordinance and the obligation to label reviews. After all, these are easy to find and can therefore be warned with little effort.
The Händlerbund helps!
The legal protection of their internet presence causes many online retailers an enormous amount of extra work. The Händlerbund is your competent partner for legal questions. If you as a retailer decide to use the comprehensive legal services of Händlerbund now, you will receive a discount of 3 months on the membership package of your choice with the discount code P470#M2#2012.
