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ACM issues warning against aggressive and misleading sales methods of Perfectionbody

The Netherlands Authority for Consumers and Markets (ACM) has issued a warning against the misleading sales methods and debt collection practices of Perfectionbody. Perfectionbody offers personal-care products, such as anti-aging cream, to consumers online. Consumers are tempted by ads on social-medial platforms to try ‘free’ samples, even though they have to pay shipping costs (2.95 euros). If consumers do not return the product within 14 days after receiving it, they have to pay 58 euros. If they do not pay, they get payment reminders, which include debt collection fees, and the company threatens to send a bailiff. To prevent more consumers from getting harmed, ACM has issued a warning against this company.

Edwin van Houten, Director of ACM’s Consumer Department, adds: ‘We are warning consumers against the aggressive and misleading practices of Perfectionbody. Advertising something as free but then underhandedly forcing consumers to pay and threatening them with payment reminders is a violation of consumer protection rules. We are calling on consumers not to pay anything, since they are not required to do so. If a company offers something for free, it really is free.’

Consumers are not sufficiently informed in advance about the company’s terms and conditions, which stipulate, among other things, that they have to send back the product within 14 days after receiving it if they do not want to be bound by the purchase. Since consumers were not aware of this, yet were still lured by the label ‘free’, the company cannot just simply charge consumers 58 euros and then force them to pay in an aggressive manner.

ACM will continue to keep a close watch on this case, for example, by keeping track of reports filed by consumers. If the company does not end these practices, ACM can impose a fine or an order subject to periodic penalty payments.

What can consumers do themselves?

Since the company uses misleading and aggressive practices, consumers are not bound by their purchases. They also do not have to pay for them. After paying the shipping costs, they can keep the products for free. They do not have to get involved in a discussion with Perfectionbody about this. If consumers seek advice, they can call ACM’s consumer information portal ACM ConsuWijzer, with which they also share their experiences.

Protection of online consumers

It is important that consumers are able to make purchases online with confidence. Over the past few months, ACM has seen reports about online deception rise again, such as those about ‘free’ samples. In order to protect online consumers better, and to explain the rules to companies, ACM recently drew up the Guidelines on the protection of the online consumer.