• The Jeronimo Martins Polska company promised to return the value of promotional products onto a voucher but failed to inform about material rules and limits of the promotional campaign.
• The entrepreneur and UOKiK kept on receiving complaints.
• The company is at risk of a fine of up to 10% of its turnover.

At the beginning of the year, that is, on 31 January and 14 February, in Biedronka stores, one-day promotional campaigns were held which were called “Special Wednesday” and “St. Valentine Wednesday”. Customers were encouraged to buy specific products for which they were supposed to receive a “100% return onto a voucher”. However, it proved that in its advertisements and commercials, the entrepreneur failed to inform clearly of the rules for the campaign. The President of UOKiK has charged the Jeronimo Martins Polska company with violating the collective interests of consumers.

What does the advertisement or the commercial fail to disclose?

The actual terms and conditions for using vouchers were much more complicated than the ones presented in the advertisements and commercials located in Biedronka chain stores, at its Facebook profile, in a mobile app or on the radio. Consumers were not allowed to exchange it for free into some other assortment which had been suggested by the slogan: “100% return onto a voucher” while specific rules and limits applied. For example, for purchasing three bars of chocolate consumers were given a voucher whose value amounted to PLN 13.99 for cosmetics provided that did shopping from this category for PLN 29.99. If you bought frankfurters, you could get a voucher for fruit and vegetables but again - provided that you spent a specific minimum amount exceeding the value of a pre-given voucher. When buying products by weight, the amount of the return was limited to the value of a kilo which had not been communicated in the advertisement or commercial, either. Additionally, there was a limit of one voucher per loyalty card in the chain stores. Despite the fact that this information was of much significance for the assessment of the promotion attractiveness, the Jeronimo Martins Polska company required that customers checked it at biedronka.pl, at a notice board or as late as on the voucher distributed at a cash desk after their shopping had been done. In practice, consumers may not have had an opportunity to read the terms and conditions of the campaign at the time when, having been encouraged by the advertisement or commercial, they decided to avail themselves of the promotion.

- A selection of advertising content and the manner of its presentation may not mislead consumers. A marketing message should include information which is the most important from a consumer’s point of view. Biedronka’s customers purchased the products specified by the store with the view in their minds that they would indeed save some money on products which they would be free to choose. Meanwhile, as late as after the fact, they were informed about some material limits, for example, about a capacity to use the voucher only for specific products - says Tomasz Chróstny, the President of UOKiK.

Entrepreneurs are obliged to communicate to consumers the reliable, unambiguous information which is necessary to take an informed purchasing decision at the right time.  They may not limit themselves to expose benefits only and to omit some issues which have a material impact on the assessment of the offer available under the promotion.

If the charges are confirmed, Jeronimo Martins Polska may face a fine of up to 10% of its turnover. 

This is not the first time when the President of UOKiK has challenged the method using which the Biedronka chain stores had informed its consumers about price-related promotional campaigns. The most recent actions have pertained to the campaign titled: “The Magic of Discounts” where the company offered vouchers for buying some specific products but consumers had not been informed about some material limits related to their use. In its decision, the President of UOKiK has obligated Jeronimo Martins Polska to change its practices and to award customers with PLN 150 of compensation.

Additionally, the President of UOKiK has been examining some other marketing messages used by food chain stores. Recently, preliminary investigations have been held relating to the advertising campaign titled: “Price Reviews in Lidl” applied by Lidl, the promotional campaign titled: “Low Prices Have No Owner”, ‘Low Prices for Everyone”, “Barbecue for Everyone” which have been applied by Eurocash Franczyza and the advertising campaign “I’m going to Biedronka to Get the Cheapest Full-of-Shopping Cart” applied by Jeronimo Martins Polska.