Code of Conduct

The trader undertakes to comply with the following code of conduct:

This is an agreement or set of rules that define the conduct of a trader who has undertaken to comply with this Code of Conduct in relation to one or more specific business practices or business sectors, unless these are provided for by law or regulation or by action of a public authority.

A trader shall not use unfair commercial practices, use unfair terms in contracts, deny the consumer's rights, breach or circumvent the trader's obligations to exercise the consumer's rights under liability for defects, or act contrary to good morals. Conduct contrary to good morals means, in particular, conduct which is contrary to established traditions in the sale of a product and the provision of a product, or which is likely to cause harm to the consumer by the trader's failure to observe good faith, honesty, custom and practice, in particular where the trader uses deception, false threats, gross inequality between the parties and breaches of contractual freedom, or where there is a manifest abuse of rights.

Unfair commercial practices

(1) A commercial practice shall be regarded as unfair if
(a) it is contrary to the requirements of professional diligence; and
(b) in relation to a product, it materially distorts or is likely to materially distort the economic behaviour of the average consumer to whom the commercial practice is directed or to whom it is addressed, or of an average member of a group of consumers where the commercial practice is directed at a particular group of consumers.

(2) A commercial practice which is likely to substantially distort the economic behaviour of a group of consumers who are particularly vulnerable to the commercial practice or product by reason of their lack of physical or mental ability, their age or their credulity, in a way which the trader can reasonably foresee, shall be assessed from the point of view of the average member of that group; this shall be without prejudice to a normal and legitimate advertising practice such as an exaggeration or a statement which is not intended to be taken literally.

(3) Substantial impairment of a consumer's economic behaviour means the use of a commercial practice to substantially impair a consumer's ability to make an informed decision, with the result that the consumer makes a commercial transaction decision that he would not otherwise have made.

(4) Commercial decision means any decision by a consumer as to whether, how and on what terms to purchase, pay for, retain or dispose of a product in whole or in part, or to exercise a right under a contract, whether or not the consumer chooses to act or refrain from acting.

(5) In particular, deceptive conduct, deceptive omissions and aggressive commercial practices shall be regarded as unfair commercial practices.

(6) Unfair commercial practices shall be prohibited before, during and after a commercial transaction. The use of unfair commercial practices shall also be prohibited in connection with the performance of a consumer's obligation, including the enforcement of a claim arising out of a contract.

(7) A consumer who has been directly affected by an unfair commercial practice of a trader shall, depending on the nature of the unfair commercial practice, have the right to
(a) to a free remedy, in particular the right to have the product repaired, to have the product replaced or to be paid an additional discount on the price if, according to the nature and circumstances of the unfair commercial practice, additional remedy is possible; or
(b) to withdraw from the contract if it has been used
1. an aggressive commercial practice at the conclusion of the contract; or
2. an unfair commercial practice without which the consumer would not have concluded the contract.

Misleading conduct

(1) A deceptive act is a commercial practice which causes or is likely to cause the average consumer to make a decision about a commercial transaction which he would not otherwise have made because it contains incorrect information and is therefore false, or in any way misleads or is likely to mislead the average consumer, even if that information is materially correct in relation to
(a) the existence of the product or the nature of the product,
(b) the essential characteristics of the product, such as its availability, advantages, risks, design, composition, accessories, after-sales assistance and services, liability for defects, manufacturing process, date of manufacture or delivery, method of delivery, purpose of use, possibilities of use, quantity, specification, geographical origin or commercial origin, expected results of use or the results and essential characteristics of tests or checks carried out on the product,
(c) the extent of the trader's commitment, the motives for the commercial practice, the nature of the sales process, any statement or symbol relating to direct or indirect sponsorship or endorsement of the trader or the product,
(d) the price, the method of calculating the price or the existence of a special price advantage,
(e) the need for maintenance, spare parts, replacement or repair,
(f) the person, characteristics and rights of the trader or his agent, such as his identity, assets, qualifications, status, recognition, membership of organisations, legal relationships, ownership of commercial or intellectual property rights, awards or distinctions,
(g) consumer rights, including product liability rights; or
(h) risks to which the consumer may be exposed.

(2) A deceptive act is also a commercial practice which, having regard to all its features and circumstances, causes or is likely to cause the average consumer to make a commercial transaction decision which he would not otherwise have made, and includes
(a) the marketing of a product, including comparative advertising, which creates a likelihood of confusion with another product, trade mark, trade name or other distinctive characteristic of the competitor,
(b) failure to comply with obligations contained in a code of conduct to which the trader has committed himself, where the failure is not merely an attempt to commit himself but an unequivocal commitment which can be verified and the trader indicates in the commercial practice that he is bound by the code of conduct; or
(c) the marketing of goods in a manner which presents the goods as identical to goods marketed in other Member States of the European Union or in States which are contracting parties to the Agreement on the European Economic Area (hereinafter referred to as 'Member State'), even though the goods have substantially different composition or characteristics; a commercial practice shall not be considered misleading if the different composition and characteristics of the goods are justified by legitimate or objective factors.

Misleading omissions

(1) A misleading omission is a commercial practice which, taking into account its characteristics, circumstances and the limitations of the medium of communication, omits material information which the average consumer needs, depending on the context, in order to make an informed decision on a commercial transaction and thereby causes or is likely to cause the average consumer to make a decision on a commercial transaction which he would not otherwise have made.

(2) A misleading omission is also a commercial practice where, taking into account its features, circumstances and the limitations of the medium of communication, the trader conceals or provides in an unclear, unintelligible, multiple-meaning or inappropriate manner material information that the average consumer needs, depending on the context, to do so, to make an informed decision about a commercial transaction, or where the trader fails to communicate the commercial purpose of a commercial practice, unless it is apparent from the context, and thereby causes or is likely to cause the average consumer to make a decision about a commercial transaction that he would not otherwise have made.

(3) Where the means used to communicate a commercial practice creates spatial or temporal limitations, the limitations inherent in the means used and the measures taken by the trader to make the information available to the consumer by other means shall be taken into account in deciding whether the disclosure was omitted.

(4) In an invitation to purchase, material information under paragraphs (1) and (2) shall, if it is not already apparent from the context, be deemed to be information about
(a) the main characteristics of the product to the extent appropriate to the medium of communication and the product,
(b) the business name and address or place of business of the trader and of the person on whose behalf the trader is acting,
(c) the selling price of the product, the manner in which it is calculated, if, given the nature of the product, the selling price cannot reasonably be determined in advance, the cost of transport, delivery or postage, or the fact that other costs may be included in the price if they cannot be determined in advance,
(d) an agreement on the method of payment, the conditions of delivery and the presentation of the product, where these differ from the requirements of professional care,
(e) the right to withdraw from the contract or to terminate the contract, if the consumer has that right,
(f) whether the person offering the product on the online marketplace is a trader according to the declaration he has made to the operator of the online marketplace.

(5) An invitation to purchase under paragraph (4) means any commercial communication which contains a description of the essential features of the product and its selling price in a manner which is appropriate to the nature of the commercial communication used and thereby enables the consumer to make the purchase.

(6) The information referred to in paragraphs (1) and (2) shall also be deemed to be material information
(a) whether and how the trader ensures that the product reviews it sells or provides are from consumers who have actually purchased or used the product, where the trader provides consumers with access to product reviews,
(b) the main parameters that determine the ranking of products in the search result of the online interface and the relevance of those parameters in relation to other search parameters, where consumers have the possibility to search in the online interface by keyword, phrase or other input for products offered by different traders or other persons, irrespective of whether the contract is concluded in the same online interface; the information shall be provided in a specific part of the online interface that is directly and easily accessible from the online interface in which the search results are presented.

Aggressive commercial practice

(1) An aggressive commercial practice is a commercial practice which, by harassment, coercion, including the use of physical force, or undue influence, taking into account all its features and circumstances, substantially impairs or is likely to substantially impair the average consumer's freedom of choice or behaviour in relation to a product and thereby causes or is likely to cause the consumer to make a transactional decision that he would not otherwise have made.

(2) In assessing the use of harassment, coercion, including the use of physical force, or undue influence in an aggressive commercial practice, account shall be taken of
(a) its timing, location, nature or duration,
(b) the use of threatening or abusive language or conduct,
(c) the deliberate misuse of misfortune or circumstances which are so serious as to impair the consumer's judgement to influence the consumer's decision in relation to the product,
(d) onerous or unreasonable non-contractual impediments from the trader where the consumer wishes to exercise a right under the contract, including the right to terminate the contract or the right to change the product or the trader; or
(e) the threat that the trader will take action that cannot be taken lawfully.

(3) Undue influence under paragraphs (1) and (2) means the use of a position of strength in relation to a consumer to exert pressure even without the use or threat of physical force in a way that significantly limits the consumer's ability to make an informed decision.