AGCM

On 14 January 2020, the Authority issued three interim measures against the sole trader Sharazon di Carmela Vernaleone (site: sharazon.it), the company Smart Shopping S.r.l.s. (site: smart-shopping.it) and the company New Assistent Global S.r.l. (site: gemshop.it) which carry out online sales of electronic equipment using the so-called buy and share system.

The commercial offer proposed by the professionals does not consist in the sale of products immediately available at a discounted price, but in the mere entry into a "buying group", where the essential condition to obtain the goods at the promised favourable terms is the participation of other consumers. In this way, the amount paid by the consumers constitutes a "reservation" which allows them to be included in a list managed and organised by the professionals in which those participating in the offers are progressively included in order to "compensate" the previous consumers' reservation and allow them to obtain the chosen goods at the discounted price.

Pending the definition of the three investigation procedures, the Authority considered it necessary to intervene as a matter of urgency, as consumers were not being provided with adequate information on the operating criteria of the purchase process, on the methods and times for working down the waiting list, in order to reach the compensation procedure, and - above all - on the actual possibility of obtaining delivery of the reserved goods.

In addition, it emerged that consumers who made reservations on the three different sites not only - usually - did not receive the reserved goods at the discounted price, but were also prevented from exercising their contractual rights and in particular the possibility of exercising the right of withdrawal and obtaining full reimbursement of the sums paid.

Therefore, via these interim measures, the operators were ordered to suspend all activities aimed at using this sales method that depends on the subsequent participation of other consumers, as well as on the sale of products presented as available but not actually ready for delivery.

On 14 January 2020, the Authority also issued an interim measure against the company Teknoacquisti S.r.l., which is active in the online sale of mobile phone products through the website teknoacquisti.com. The company - which is currently under investigation for not-delivering the products purchased (and paid for) online by the consumers - was ordered to suspend all activities aimed at the sale of products that are not available or in any case not ready for delivery.

Rome, 23 January 2020