Merely referring consumers to find further conditions in regard to an advertised offer on a website constitutes an unfair commercial practice, when such conditions are unexpected for the consumers.
The court was of the opinion that restrictions to the "lowest price guarantees" have to be stated in the advertisement itself, and in a clear and for the customer understandable way. The lowest price guarantee constitutes a sales promotion in the meaning of § 4 No. 4 UWG, and therefore infringes the general obligation of transparency if the advertised "lowest price guarantee" is capped at a certain amount (here 100 EUR) when this restriction is not mentioned in the advertisement itself.
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