Sale
A sell-out is a total sale of all available goods due to the abandonment of a commercial enterprise with usually high discounts . The term is also used as a metaphor .
Advertising law
The announcement of a sale is an incentive for bargain hunters to visit the shop. In some countries, there are legal restrictions to avoid misuse of the sell-out instrument by advertising a sell-out to promote sales , but still continuing the business (possibly under a different name). The duration of the sale and minimum information in advertising are typically regulated. Only goods that were available or bindingly ordered at the time of the application may be sold.
Belgium
Sales ( French ventes de liquidation ; Dutch uitverkopen ) are only possible in the event of a (partial or complete) closure of a business, extensive renovations or relocation of the shop. The duration of the sale must not exceed three months. In the case of an advertisement with a sale, the goods must be offered cheaper than usual and this must also be marked accordingly. As an exception, sales below cost price are permitted. Sales are subject to approval. A violation of these regulations can lead to injunctive relief and claims for damages under civil law and is criminally relevant. Articles 46 to 48 LPC / WHP are the legal basis for sales.
Denmark
In Denmark, advertising with a sale is only permitted if a sale actually takes place (the customer has the right to request proof of this), the goods offered are actually offered cheaper and the old and new prices are stated. The legal basis is the Danish Marketing Practices Act.
Germany
In Germany, a clearance sale differs from a clearance sale due to temporary or permanent business closure or the complete inventory turnover , which is subject to the law against unfair competition (UWG).
Finland
In Finland, a distinction is made between selling out individual goods (groups) and closing the entire shop. In the first case the sale is limited to two months, in the second to six months. Further reasons for a sale can be fire or water damage, renovation needs or the like. The reason for the sale must be stated in the advertising as well as the products that are offered at a discount.
France
In France, sales ( French liquidation ) require the approval of the local mayor. The seller must have had the goods to be sold on offer for at least three months. For the final sale ( French soldes ), i.e. the sale of individual groups of goods, there are comparable regulations. End-of-season sales and "permanent sales" (these are sales in shops that continuously offer discounted remaining items ) are exempt from the requirement of approval.
Great Britain
There are no express sales rules in the UK. The regulations of the “Consumer Protection Act 1987” apply. According to this, it is a criminal offense if a temporary sale is advertised, but this continues beyond the point in time stated in the advertisement. The reduced goods must also have been offered at the old price for 28 consecutive days in the last 6 months before the price reduction.
Austria
A sale is only permitted in Austria outside the "blocking period" if the license as a commercial enterprise ends and in many cases it is often in connection with insolvency , bankruptcy or the departure of the company to another area of responsibility of the respective trade (change of location). He is on a few days, according to UWG, however, limited to a maximum of six months. Higher discounts may be given here than is usually the case.
metaphor
Sellout is often used as a metaphor. A sell-off also refers to the last fall in a bear market on the stock exchange . In common parlance, sellout is used to mean squandering wealth or selling silverware . An example of this is the film The Big Sale . In a figurative sense, a sell-out is understood as a disregard for all values.
Web links
- Why carpet dealers always sell out. Retrieved June 13, 2010
literature
- Peter Schotthöfer (Ed.): Handbook of advertising law in the EU countries including Norway, Switzerland, Liechtenstein and USA, Edition 2, 1997, ISBN 3-504-41198-8
Individual evidence
- ↑ Christoph Kocks in: Schotthöfer: Handbuch…, page 133.
- ↑ Merethe Eckhardt-Hansen in: Schotthöfer: Handbuch…, page 164.
- ↑ Kaisa Fahlund and Harri Salmi in: Schotthöfer: Handbuch…, page 234.
- ^ Fritz Ranke in: Schotthöfer: Handbuch ..., page 282.
- ↑ Stephen Groom in: Schotthöfer: Handbuch…, page 346.
- ↑ http://www.unternehmerweb.at/fachbeitraege_recht_ausverkauf_schlussverkauf.php
- ↑ Duden. Retrieved July 8, 2018 .
