The court prohibits the defendant, under the penalty of a fine, to use the term "100 % satisfied customer guarantee" for the defendant's undertakings when marketing glasses, when said guarantee only includes an exchange right or is limited in substantially the same manner.
The court found that the guarantee provided by the defendant is a commerical guarantee that exceeds the customer's benefits under law.
However, the prefix 100 % gives an impression that the undertaking is particularly far-reaching and comprehensive. The average consumer may believe that he or she is entitled to cancel the purchase and receive the money back, without any limitations and for any reason. It is however not evident from the marketing that this should be the case, and neither has this been claimed by the defendant. Therefore, the 100 % satisfied customer guarantee constitutes an exaggerated representation of the content and scope of the guarantee. The marketing is hence considered misleading and also unfair.
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