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OVERSTATING THE REAL (FULL) PRICE OF THE GOODS OR SERVICES AT THE DISCOUNT WEBSITES AS ONE OF THE POTENTIAL THREATS FOR THE CONSUMERS
Abstract
The article focuses on the analysis of consumer protection within the online discount vouchers, sales on so called discount websites. Their practices may be a dangerous and unknown territory to most consumers. Still, there is no complex legal regulation of this young and rapidly growing business in the Czech legal environment. In practice there are several problematic issues discussed with connection to the sale on discount websites. The most questioned are the character of the legal relationship of parties, when concluding a contract on the discount website, the liability for the merchant´s non-performance or possible malperformance, the problem of overstating the full price and suggested quality and quantity of goods and services, the general protection of a consumer when buying gift cards on the discount websites and the protection of consumer buying travel vouchers on the discount websites, last but not least questions regarding merchant´s obligations when going bankrupt. The author of the article concentrates on one of the potential problems – overstating the real (full) price of the goods or services. By using a method of description and comparison she comes to a conclusion that some of the above mentioned problems can be resolved by legal regulation of unfair commercial practices. Most of problematic aspects however stay untouched by any legal regulation causing legal uncertainty harming consumers' economic interests and creating potential law disputes. The obstacle could be solved either by applying the general contract law or by introducing uniform rules at Community level which would establish a higher level of consumer protection and the requirement of legal certainty when negotiating on the discount websites. The research for this paper was financially supported by the Czech Science Foundation (GACR), grant no. P408/14-27757S.
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