• The president of UOKiK, Tomasz Chróstny, presses charges against the owner of Biedronka retail chain.
• Advertising messages concerning the “Biedronka’s Anti-Inflation Shield” promotional campaign could have been misleading consumers regarding its terms and conditions.
• The retail chain faces a fine of up to 10 percent of its annual turnover.

The customers of Jeronimo Martins Polska, the owner of the Biedronka retail chain, have grown accustomed to various promotional campaigns.  In the period from 12 April to the end of June, the company promised to maintain a fixed regular price of at 150 of the most frequently purchased products. When advertising this price reduction, the retail chain ensured that if customers find these products available at better prices in other stores, Biedronka will reimburse them the difference.

The customers could read about the rules of the “Biedronka’s Anti-Inflation Shield” promotional campaign in its terms and conditions. They were available online. However, despite declarations made by the chain, it was not posted anywhere in brick-and-mortar Biedronka stores. Determined customers could request store employees to print the terms and conditions for them (stores received it in electronic form only). This is the subject of one of the charges – the inaccessibility of the terms and conditions of the promotion in Biedronka stores.

If customers managed to get them in their hands, they learned that it was not enough to simply find a cheaper product at another store, as stated in the advertising slogan. The terms and conditions explicitly stated that the product must be bought both from Biedronka and from the competition, which in the terms and conditions was limited to the most popular retail chains. There was also a multitude of other, very strict terms and conditions that had to be satisfied in order to be reimbursed for the difference in prices, which made the entire process tedious and could make participation in the promotional campaign not cost-effective. 

The purchases had to be made in the same week (counted from Monday through Sunday). In addition, customers also had to take pictures of the product being compared (including the ingredients label) and have kept receipts or invoices in good condition. Then, consumers had 7 days from the moment of purchase to submit an electronic claim. When it was accepted, they received a claim number and were required to send original copies of proof of purchase and pictures by regular mail (paying the letters costs out-of-pocket), again within 7 days. The president of UOKiK determined that the advertising slogans could have been misleading to consumers in that regard.

Furthermore, based on advertising messages, the chain’s customers could have expected to be reimbursed the price difference in cash that could be used as they saw fit. Meanwhile, the terms and conditions explicitly stated that they will only receive an e-code for the value of the claimed price difference that can be used exclusively in the retail chain’s stores and only within 7 days as of its receipt.

“”Biedronka’s Anti-Inflation Shield” – the rules seemed simple, the promise tempting, but the reality proved to be completely different. We verified the way in which benefits arising from the promotions and rules for participation in that promotion were presented to customers and we came to the conclusion that advertising messages could have been misleading to customers as regards the terms and conditions of the promotion, primarily due to its complexity and arduous nature of participation in the promotions by the chain’s customers. That is why I made the decision to press three charges against Jeronimo Martins Polska. Undoubtedly, information concerning the terms and conditions of participation in the promotion should be readily accessible and advertising slogans, advertising content and the way in which they are presented cannot be misleading to consumers. Businesses need to remember that consumers have the right to receive accurate, unambiguous and full information, whereas any attempt to stand out among other competitors on the market cannot be based on catchy, yet deceptive advertising slogans,” said Tomasz Chróstny, President of the Office for Competition and Consumer Protection (UOKiK).

The “Biedronka’s Anti-Inflation Shield” promotional campaign ran from 12 April to 30 June, on a nationwide scale. On 26 April, the President of UOKiK initiated an investigation procedure concerning this matter, which resulted in three charges of practices infringing collective interests of consumers. Jeronimo Martins Polska faces fines of up to 10 percent of annual turnover.

Additional information for the media:

UOKiK Press Office
Pl. Powstańców Warszawy 1, 00-950 Warszawa, Poland
Phone +48 695 902 088, +48 22 55 60 246
E-mail: biuroprasowe@uokik.gov.pl
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