We deal with misleading market practice (by action or omission) when the images based on it are not consistent with facts, which potentially or actually may affect the average consumer's decision regarding the contract (which would not be concluded if there were no deceptions). For the above practice to occur, it is not necessary for the average consumer to decide on the contract for it to apply directly to the misleading entity. The subject of the ban is an action that violates the consumer's right to make free and informed decisions about contracts as such. The effects of action under the influence of error are protected in relation to the consumer's contractor by other legal means. If the advertising materials provide only the advantages of concluding the contract (attractiveness of the location, attractiveness of the building, profitable rental system, additional benefits resulting from having a club card, the ability to sell at any time), and omitted important information by which to assess the risk associated with concluding agreements (significant delay in the implementation of the investment, lack of own resources on the part of the developer to complete it, suspension of investment credit by the bank, existence of claims secured by a mortgage), such behaviour can distort the market behaviour of the average consumer before the conclusion of the product contract and its course conclusion.
URL: https://orzeczenia.warszawa.so.gov.pl/content/$N/154505000005127_XVII_AmA_000072_2015_Uz_2019-02-13_001
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