State of emergency "SAV - MK" (Nikolaev) realizing household appliances and electronics in a network under the FoxMart trademark, denies the conclusion of Antimonopoly committee about unfair competition and considers that the company the actions doesn't violate the current legislation of Ukraine, namely the law "About Protection against Unfair Competition".
SAV is told the head of the Nikolaev regional territorial office of AMK transferred the UNIAN a press about it - MK" in the letter of the management of a WC "-company service "the Foxtrot. Equipment for the house".
According to the document, according to the conditions of the share of the company specified in advertizing materials, "… FoxMart returns 150% of a difference for those who will find cheaper".
In the company explained that return of 150% of a difference is understood as opportunity at desire of the buyer to receive cash of 150% of a difference of the cost of goods in case the buyer finds the price below that on which the goods in FoxMart shop were acquired. Procedure of return of means, is in detail registered on a site FoxMart, is that at desire of the buyer to receive 150% of a difference, Internet electronics shop and the buyer dissolve the contract of purchase and sale and after that sign the new contract of purchase and sale of these goods at lower price.
After procedure of cancellation of the contract and goods acquisition at the new prices, the buyer actually receives ("FoxMart returns") the money making 150% of a difference from cost of goods at which it was bought also to the cost of the same goods in other shop. Right there also concept interpretation "shop" from which it is clear is painted that purchases in stalls, on market calculations, warehouses, in the Internet - shops won't be accepted to consideration.
In the company emphasize that procedure of return of a difference happens in a little difficult order as other option can't be given out money from enterprise cash desk, according to the current legislation of Ukraine.
Besides, the company claims that in advertizing materials with action conditions, namely in newspapers, on boards, etc., is specified that more detailed rules of an action and a condition of its carrying out can be learned from sellers of FoxMart hypermarkets, by phone of "the hot line" 8 - 800-500-40-40, or on a site.
"As the conditions of an action stated in advertizing materials, completely coincide with the actual course of events when holding an action, the conclusion about incompetence of actions of state of emergency "SAV - MK", namely commission of the offense provided by St. 15-1 "About Protection against Unfair Competition" STORAGE is wrong", - is spoken in the letter.
The company asks the Nikolaev regional territorial office of AMK to close proceeding on the basis of lack of the fact of commission of an offense.
According to St. 15-1 Law of Ukraine "About protection against unfair competition", distribution of information which misleads, the message the subject of housekeeping, directly or through other person, to one, several persons or an uncertain circle of people, including in advertizing, incomplete, inexact, inveracious data, in particular as a result of the chosen way of their statement, concealing of the separate facts or an illegibility of formulations which affected or can influence intentions of these persons concerning acquisition (order) or realization (sales, deliveries, performance, granting) goods, works, services of this subject of housekeeping is.
In the company added that from - for limitations of the areas of the advertizing carrier all advertizing models of any enterprises have to contain a footnote about where it is possible to study full information on a carried-out action.
We will remind, the Nikolaev regional office of AMKU fined state of emergency "SAV - MK" 15 thousand UAH for unfair competition.
AMK reported that the enterprise, carrying out trade in household appliances and electronics in a network under the FoxMart trademark distributed advertizing information of the following contents: "We will return money if you find cheaper", "Find cheaper - receive 150% of a difference". AMK considers that such information is incomplete and inexact as under the terms of an action return of money has to happen by return of the acquired goods, and "to find cheaper" the buyer had to at significantly limited circle of sellers about what on boards it wasn't reported.
UNIAN reference. Company "Foxtrot.The equipment for the house" is founded in 1994, is engaged in audio retail - video - household appliances and electronics in a network segment. As of August 1, 2009 the company totals 266 outlets, from them a network "the Foxtrot. Equipment for the house" - 199 supermarkets, the FoxMart network - 34 hypermarkets, the stokovy centers "Tekhnoshara" - 13, salons "the Foxtrot. Digital equipment" - 1. The company is presented in 102 regional and the regional centers of Ukraine, the total floor space of objects makes more than 200 000 sq.m. In 2007 the company came to the international scene and is presented in Moldova.