ACM orders online store Spelcomputerkopen to comply with consumer protection rules
Online store Spelcomputerkopen must give consumers their money back within 14 days if they invoke their right of withdrawal (cooling-off period). And it must become easier for consumers to reach Spelcomputerkopen. These are some of the requirements that the Netherlands Authority for Consumers and Markets (ACM) has laid down to force Spelcomputerkopen to comply with consumer protection rules.
Spelcomputerkopen.nl sells refurbished game consoles. Spelcomputerkopen has violated consumer protection rules. That is why ACM has imposed an order subject to periodic penalty payments on the company. With the order, ACM forces Spelcomputerkopen to comply with the rules that protect consumers when making online purchases. If the company fails to comply with the order by 9 September 2022, it will have to pay a weekly penalty payment of 2,500 euros up to a maximum of 25,000 euros.
Edwin van Houten, Director of ACM’s Consumer Department, explains: “Online stores must deliver the products that they sell. And they have to give consumers their money back if consumers return their products. Consumers that make online purchases must be able to have confidence that online stores comply with the rules. We have warned online stores enough. Spelcomputerkopen has violated the rules, and we take action against such companies.”
What was this case about?
Consumers that shop online must be able to have confidence in the information that online stores provide about their products, prices, delivery times, and the right of withdrawal. In addition, it must be easy for consumers to reach online stores if they have any complaints or questions. Consumers filed complaints with ACM that Spelcomputerkopen failed to deliver on time (or not even at all) and does not give consumers their money back (or not on time) if consumers cancel their purchases within the cooling-off period. In addition, Spelcomputerkopen was difficult to reach for questions and complaints. In addition, it failed to offer a payment method where consumers are able to pay upon delivery or afterwards. If it had offered such a payment method, fewer consumers would have lost their money.
What are ACM’s requirements?
ACM requires Spelcomputerkopen to make the following improvements:
- Providing clear information about delivery times, and following through on them;
- If consumers cancel their purchases within the cooling-off period, and cancel the agreement, they will have to be given back their money within 14 days;
- Spelcomputerkopen must ensure that consumers are able to reach the company using contact options such as phone, WhatsApp, or email;
- Spelcomputerkopen must offer at least one payment method where consumers are able to pay at least half of the total amount upon delivery or afterwards.
Spelcomputerkopen has until 9 September 2022 to implement these changes. If they fail to do so on time or not at all, Spelcomputerkopen must pay 2,500 euros per week up to a maximum of 25,000 euros.
ACM and the digital economy
The digital economy is a key topic on ACM’s Agenda. Consumers must be protected against online misleading practices. That is why ACM has published its ‘Guidelines on the protection of the online consumer’, among other guidelines. These guidelines have been based on European consumer protection rules, and explain at what point online persuasion turns into deception. These guidelines form the basis for investigations and enforcement actions by ACM. They also help promote fair competitive relations between businesses. These guidelines are currently being revised.