• The President of the UOKiK initiated proceedings against Black Red White.
• The questionable practices of the company pertain to its promotional offer advertised with the “VAT-free furniture and accessories” slogan.
• It is because only selected products were offered at a reduced price, which was only stated in the terms and conditions of the promotional offer.

The promotional campaign ran between June 9 and June 19, 2017. The posters, banners, e-mail offers and website advertisements all contained the slogan “VAT-free furniture and accessories”, written in capitals. Below, however, there was also a reference to the terms and conditions, written in much smaller font. As a result, the average consumer could be led into thinking that the promotional offer extended to all Black Red White products. However, according to the terms and conditions, only selected goods could be purchased for VAT-free prices.

– We are well aware that the advertising message must be designed to fit the medium in which it appears. However, it may never omit information which may be relevant to the consumer. No basic conditions of the promotional offer or restrictions as to the scope thereof may ever be incorporated exclusively by reference to the terms and conditions. All such basic information must also be contained in the associated advertising – says Marek Niechciał, President of the Office of Competition and Consumer Protection. Whenever an undertaking introduces restrictions to the scope of its promotional offer, it must include an unequivocal, easily comprehensible and readily apparent statement to that effect in its advertising media.

In the course of the proceedings against Black Red White, initiated on 16.10.2017, it may be concluded that the company applied the impugned practices referred to above; as
a consequence, a fine may be imposed upon the company, its maximum amount being up to 10% of its turnover. The Competition Authority may also specify the measures to be taken in order to remedy the existing effects of the infringement.

This is not the first time that the UOKiK has called the advertising slogans used by Black Red White into question. In 2016, the President of the Competition Authority has concluded that the company relied on the use of misleading advertising. As a result, Black Red White has undertaken to reimburse its customers for 10% of the value of the purchases made.

Additional information for the media:

Press Office of the UOKiK
pl. Powstańców Warszawy 1, 00-950 Warszawa

Phone: 695 902 088
E-mail: [SCODE]Yml1cm9wcmFzb3dlQHVva2lrLmdvdi5wbA==[ECODE]

Twitter: @UOKiKgovPL