SEASONAL SALES REGULATIONS IN EUROPE (AS OF SEPT 2014) Country Belgium Cyprus Frequency Products covered Pre-seasonal sales blackout 3 to 31 January and 1 to 31 July Length Merchandise must be held by seller at the beginning of the sales period and must have been offered for sale during at least 30 days before that date. No announcements of price reductions on clothing, leather goods and shoes during the period of a month before the start of the sales (i.e. 3 December to 2nd January and 1st to 30th June). 1 month in February 1 month in August Textile products, footwear, household equipment and any kind of furniture. Can be sold at sales prices only during those periods and under the condition that they clearly show the pre-sale and sale price. Merchandise must have been paid for by the retailer and have been offered for sale for at least 1 month before the start of the sale Sales below cost are allowed in sales periods. All Twice a year Twice a year Maximum period of 6 weeks. Precise dates set by authorities France Greece Twice year Four times a year a) Regular discounts: on the second Monday of January until the end of February and the second Monday of July until the end of August. b) Interim discount periods: the first ten days of May and the first ten days of November Country Italy Frequency Twice a year (in winter and summer) Length in Products covered Pre-seasonal sales blackout Varies across the country: regional jurisdiction. Usually 60 days. Non-food (textile and footwear). Regional jurisdiction. In Emilia Romagna, Friuli Venezia Giulia, Campania and Trento Province preseasonal sales are free. In other regions blackouts are applied. New Merchandise can be stocked for sales periods None Luxembourg Twice a year 2 weeks each Poland Twice a year No more than 1 month Portugal Twice a year 28 December to 28 February 15 July to 15 September Decreto-Lei nº 26th March1 70/2007, of i) Products expressly bought for that purpose may not be sold on sale, being considered to be in that situation all products bought and received in the commercial store for the first time or during the month that precedes the time period of the price reduction ii) The merchandise to be sold on sales may not have been under any kind of offer at a lower price or under more favorable terms of purchase in the month preceding the beginning of the sales season Slovenia 1 Twice a year 1st working Monday in January and 2nd working Monday in July Textile products and footwear Changing of this legislation is presently under discussion; Proposal: Proposta de Lei 213/XII - According to this draft law, sales may take place in any periods of the year, as long as they don´t overcome, globally, four months per year. Limitations (already existing in previous legislation): i) Products expressly bought for that purpose may not be sold on sale, being considered to be in that situation all products bought and received in the commercial store for the first time or during the month that precedes the time period of the price reduction The above mentioned point ii) is redrawn. Country Spain Frequency Twice a year Length Products covered At least 1 week and at most 2 months, at the retailer’s discretion Specific dates are set by relevant regional authorities Merchandise must have been offered for sale for at least 1 month and not have been the subject of any promotional activity. Pre-seasonal sales blackout Note 1: In the following countries, seasonal sales are not regulated and sales below cost are permitted: Austria, Cyprus, Czech Republic2, Denmark, Estonia, Finland3, Iceland, Latvia, Lithuania, Malta, Netherlands, Slovakia, Sweden, UK. Note 2: Cyprus, sales below cost are permitted but specific rules for specific products exist with regard to the seasonal sales. Note 3: Germany, since 2004 seasonal sales are not regulated but sales below cost are not permitted. 2 law in the Czech Republic – 526/90 – price law. In § 2 the seller cannot use its economic position to gain inappropriate profit by selling for price that includes unauthorised costs or inadequate profit or to use it to disturb the market environment by sales below cost. The buyer cannot use its economic position to gain inadequate economic profit by buying for price enormously under authorised costs. This can be applied only when seller (buyer) has enormously better position at the local market than the buyer (seller) and it uses its position to demand higher (lower) price. “Better position” is when: There is a dominant position on the specific market (30 % market share) extraordinary market situation – might happen from higher power (nature disaster, political or social conflicts) existence of a cartel or acquisition of companies other situation that leads to a bad position of a business partner in the relation to seller (buyer) that might be created by indebting of business partner, its legal duties, inability to sell to a different buyer or buy from a different seller 3 But there are recognised rules/principles (made by consumer officials / Commerce Sector) to be followed. Frequency/length: During one calendar year a shop may hold sales for maximum of 3 months. The maximum consecutive period of any sale is 2 months. Products covered: Sales must apply to the majority of product ranges in a shop, unless limited or specified in the marketing. Used products may not be sold at reduced price, also not products that are unique (like paintings) or products that have a very short seasonal sales period (such as fireworks).
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