Consumer submitted a complaint “about scandalous and inducing in erroneous advertising wording, which appears on paragraphs from Biedronka stores – the lowest prices since 2002 year.”
Consumer in the complaint indicated, that “Biedronka abuses the trust of consumers, leads their in mistake and in unfair way influences their purchasing decisions. Probably this constitutes unfair competition against other market players, which offer similar or better goods at lower or comparable prices.”
Model consumer knows how it
In Biedronka’s view there has been no introduction in mistake, because “model, the average consumer understands the subject advertising in that way, that the general level of prices in Biedronka stores, over the space of consecutive years was lower than the general level of prices in Lidl stores and that Biedronka in general account is cheaper than other stores.
In Biedronka ‘s view, the message on the paragon tape, cannot be read as advertising, and this is more advertising in misleading, because the consumer does not make purchase decisions after the purchase, but beforehand.”
According to KER the promise ,, WE ARE THE CHEAPEST SINCE 2002 YEAR, BIEDRONKA CHEAPER THAN LIDL, NOW AS 360 PRODUCTS CHEAPER. PROMOTION STAYS From 1.02 TO 29.02 2024 R.” does not infringe ethics.
The receipt is also an advertisement
According to the Advertising Council information on the paragraph is an advertisement, to which includes also promotion sales, offers targeted to customers through marketing direct or sponsoring, a also the elements of visual identification and transmission, about which it was spoken in the previous sentence, made available on the net internet on server on www or on social media and other places for the purpose of its reach to the receivers.”
The evidence presented by the consumer does not ambiguously indicate the results of concrete studies, which would undoubtedly contradict the true promise Biedronka. The only results of the research (conducted by Nielsen IQ and PRM Market Intelligence), which Biedronka decided to report to ZO, are based on the perceptions of individual trade networks about their pricing policy by respondents.
Complaint on pricing dismissed
Suggested evidence, from the reason of its incompleteness (also in the methodology used of the research) are not sufficient to verify the circumstances, whether Biedronka in essential is the cheapest and cheaper than Lidl. In margin, the results of the research presented by Biedronka do not constitute effective evidence on thecircumstancesdenyingtheconsumer’sarguments,whentheyreferonlytotheperceptionsofconsumersofpricingpoliciesofindividualtrade networks,whenthecomplaintisconcerningthepricesactuallyoffered.
KERdismissedtheonecomplaint,notfindingintheadvertisementa violationindicatedbythecomplainantconsumer,
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