The defendant sold boilers at a discounted price. During its inspection of the defendant’s shop, the plaintiff found that no boilers were currently available in the store. However, additional quantities of boilers were in stock in the defendant’s warehouse in another city and could be delivered to the store within one day.
The plaintiff considered that the stock shortage of products sold at the discounted prices at the defendant’s store during the promotion, constituted an unfair trade practice. The reason for this was – in the plaintiff’s view – that the defendant marketed the product as part of a promotion without disclosing that the defendant might not be able to meet the demand.