Do you sell goods to consumers through ane-shop? Do you feel like you already know everything there is to know about the great consumer amendment from all the different articles? While it's true that plenty has been written about the end of fake reviews and discounts, the legal guarantee or the specific labelling of the "order with obligation to pay" button, this is much more than a "button amendment". What affect will it have, for example, on personalising the price for a particular consumer?
Do you automatically customise prices? Inform the consumer!
The seller can customise the price of the goods based on the consumer's purchasing behaviour, such as their order history or page views. We are not discussing right now how the seller can legally obtain and use this information – let's leave that for later (but you've correctly guessed that this is related to the GDPR).
If the seller has already obtained this information in the way they were supposed to, they must do one more essential thing before the contract is concluded, and that is to clearly inform the consumer about the automated price customisation. After all, price information is key for consumers, so we highly recommend including this information not only in the terms and conditions, but also visibly in the e-shop, preferably directly next to the price. If this obligation is not fulfilled according to Section1820(1)(f) of the Civil Code, the seller may face fines of millions of crowns (Section 24(17)(a), Section 24(19) and (20) of the Consumer Protection Act).
By Michaela Švejnohová, Junior Lawyer, JSK, PONTES