neuroanatomist said:
AvTvM said:
I doubt this behaviour is fully in line with what is permissible under EU consumer rights protection directives - especially in conjunction with online sales.
Out of curiosity, where did you earn your law degree and how long have you been practicing EU/international trade law? Or maybe Canon just has incompetent lawyers, or none at all...
You might be "surprised" to learn, that not all large companies are in sync with all legal requirements all the time and everywhere they operate
... no matter how many lawyers they employ and retain.
While I hold no law degree, I have already caught and successfully reported more than one large multinational company on practices not in line with EU consumer rights. Practices, T&Cs had to be changed by the companies ... and I got what I wanted at the price offered to other consumers in other EU countries. Which was all I wanted.
Currently I am eyeballing an online purchase of Canon gear in Germany and getting Canon cashback on it. "problem" ... which shoukd not be a problem in a "common market" ... I am not a citizen or resident of Germany but of another EU country.
So, one of the "discrepancies" I alluded to earlier ... is in Canon's current Germany winter cashback promotion:
* Ts&Cs are OK [as far as I can tell
] ... stating participation in the cashback program is open to anybody with residence in any EU country [subject to many other conditions related to participating products etc.] - http://www.canon.de/winter-cashback/ (at bottom of page; in german language)
BUT
* on the Canon registration website "GERMANY" is pre-filled and locked for country of residence. -> https://canon-winter-2014-germany.sales-promotions.com/?country_promotion=4&lng=en [left column, some way down]
and on the Austrian version of the registration site https://canon-winter-2014-at-cashback.sales-promotions.com/?country_promotion=68&lng=en "AUSTRIA" is locked in and in the Netherlands
"NETHERLANDS" is locked in. https://canon-winter-2014-nl-cashback.sales-promotions.com/?country_promotion=20000080&lng=nl
I have not checked for other EU countries, but since this "feature" is present in 3 countries' registration websites it does not appear to be an "oversight" in one country or by one of Canon's lawyers there.
To me ... it definitely looks like Canon is trying to make it difficult - or impossible [don't know yet] for EU consumers to participate in any cashback prootion offered in any EU country. Since product prices offered by retailers and also cash-back amounts offered by Canon are different on a country-by-country basis it is my suspicion that Canon is trying to keep savvy consumers from buying gear online where it is most cost-effective AFTER cashback. And I do believe this is not in line with EU consumer rights directives and it certainly is not in the spirit of a common market with free movement of product and services. The only differences acceptable would be due to different national VAT (or similar sales) tax rates - if and as applicable depending on seat of retailer and consumer.
Luckily Canon is providing an email and telephone contact for these promotions. So I will
1. first point out to them, that the country field should in my opinion be unlocked and open in the registration websites.
2. should they refuse to go along with my suggestion, I shall then bring it to the attention of the EU consumer rights authority to look into it. Just answering the likely ensueing request for information will already cause Canon (Europe + external parties involved in administering the cashback promotion) and all of their their lawyers quite a bit of work
3. If necessary I will make my purchase and try to register my claim. If it is denied ... I will have a valid title to lodge a formal complaint.
I sure hope steps 2 and 3 will not be necessary. ;D