The Georgian Competition and Consumer Agency (GCCA) has found that JYSK (LLC “Sanna”) breached the Law of Georgia on the Protection of Consumer Rights by engaging in a misleading commercial practice.
The investigation was launched following a consumer complaint regarding unclear and incomplete information provided in a promotional offer. The company advertised a 40% discount on a product on its website, while indicating that the item was available only in physical stores. However, at the point of sale, the consumer received only a 30% discount, as the higher discount was applicable exclusively to online purchases. This key condition was not clearly and unambiguously disclosed in the offer.
The GCCA concluded that the omission of essential information misled consumers and affected their transactional decision-making, constituting a misleading commercial practice by action under applicable legislation.
The Agency has ordered the trader, within one month, to restore affected consumer rights and to ensure that its commercial practices are fully brought into compliance with legal requirements.
Under Georgian legislation, in cases of non-compliance or inadequate implementation of the GCCA’s decision within the prescribed timeframe, a fine may be imposed, not exceeding 2% of the trader’s annual turnover for the preceding financial year. The imposition of a fine does not release the trader from the obligation to comply with the Agency’s decision, and any repeated violation within 12 months will result in the fine being doubled. The Agency’s decision may be appealed in the court. The imposition of a fine does not exempt the trader from its obligation to comply with the decision.
