Consumer rights

If a discount product is out of stock, the consumer has the right to receive a comparable product instead

Consumers are entitled to expect that the seller actually intends to fulfil their advertised promises, in other words, that the product is available when the advertisement is released.

Businesses are liable to compensate for travel expenses for needless visits

If a discounted product is sold out, the customer must at least be given the opportunity to purchase it at the discounted price at a later time or to buy a comparable product instead.

Other compensation requires consideration of how carefully the business conducted its discount sales campaign, as unexpected turns of events are always possible. Stock-outs can happen despite precautionary measures or because of genuine mistakes in advertising.

If a discount sales campaign is carelessly planned, the business must compensate for the customer's travel expenses arising from the needless visit. If there is evidence of clear neglect in the planning of the discount sales campaign, the customer may even be entitled to make a so-called cover purchase, which means buying the product elsewhere and claiming the difference in price from the seller who advertised the discounted product.

Advertisers must then take sufficient precautions to ensure that the stock of campaign goods is large enough to last the entire duration of the discount period. The condition "as long as stocks last" can only be used in advertising under exceptional circumstances.

Discount prices are binding

  • The price marked on the product in the shop is generally binding. If the price indicated on the product or the shelves is lower than the price at the check-out, the consumer is entitled to purchase the product at the lower price.
  • Personalised direct marketing offers sent with a consumer's name and address are binding. Offers made via other personalised contact such as e-mail or mobile phone are also binding.
  • In mail order selling the offer is binding when the consumer has sent their order.
  • In online selling special offers are also binding on the advertiser under contract law. The consumer's acceptance of an offer forms a binding contract. For example,
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