Moon price
Moon price is a slang term for deliberately clearly inflated
- Recommended retail prices (RRP) of the manufacturer, whereby the manufacturer wants to give the trade the opportunity to create the impression of extremely low prices with the help of strong undercutting;
- alleged previous sales prices of a dealer, also to give the impression of a strong discount;
- current prices, in order to have a large amount of room to negotiate, or to obtain a high purchase price from inexperienced buyers, which can border on usury .
A moon price can also be intended to provide a value to third parties - as it were as an advertising and image measure to represent belonging to a premium or luxury segment (e.g. list prices of luxury watches, sports cars, airplanes).
As a rule
This phenomenon is often to be found in end-user shops and mail-order businesses, in which a clientele is assumed that either frequently negotiates prices, is strongly impressed by (supposed) discounts or is inexperienced with regard to the usual prices of the product type.
In industries with quick product changes or goods that are quickly becoming obsolete (e.g. electronics, fashion stores), an EIA is often given that is much older. Due to the fact that the price of the product has now fallen, a (supposed) discount can still lead to an above-average price.
Other examples
The term is also used colloquially for the price displays in stores where it is common to negotiate the price. Here, the high price labeling of the goods is supposed to give the customer the feeling that they have finally achieved a significantly lower price through negotiating skills; on the other hand, negotiating also contributes to the special flair of these deals. This can be found e.g. B. in carpet or antique shops , but also in the used car trade .
Legal classification
If the high price was never charged or only for a very short period of time , then advertising with discounts on the high price is not permitted according to Section 5 (4) UWG . However, moon price advertising does not constitute a criminal offense according to § 16 UWG (criminal advertising), since the moon price or a strike price cannot be objectively untrue, since it is ambiguous and, according to Art. 103 GG, cannot be based on the public opinion. A crossed out instead price is also not an untrue indication according to § 16 UWG, as it is actually not required. " Crossing out the higher price and adding 'instead of' initially only allows the statement that the crossed-out price is not currently being demanded."
See also
literature
- Comment on § 16 UWG "objectively untrue" . In: Helmut Köhler, Joachim Bornkamm : Law against Unfair Competition (UWG). Price Indication Ordinance, Injunctive Action Act, UGP Directive Annex I, commented. 26th revised edition. Beck, Munich 2008, ISBN 978-3-406-56731-5 , ( Beck's short comments 13a).
