However,
Consoles sold together only: eb:
EB Games will be able to continue to impose the purchase of controller. In addition, accessories for the acquisition of a new video game console, decided the court, noting, however, that the company bordered on illegality by doing so.
“The approach adopted by EB Games is similar […] To a deliberate strategy for the management of rarity. Nevertheless, intended to accentuate the pressure exerted on the consumer at the top of the request, ”concluded recently the justice of the peace magistrate Geneviève Claude Parayre.
She thus dismissed the director of criminal. Meanwhile, criminal proceedings (DPCP), who aimed at a conviction against the banner specializing in video games.
The DPCP invoked the law on consumer protection. However, which prohibits “pretending a reason for the solicitation relating to the sale of a property or the provision of a service”.
During the criminal trial. consoles sold together only: eb a client had testified to having placed himself on a waiting list to obtain a PlayStation 5 which had just released and which was only offered in limited stock.
Forced purchases
However. once a console available in his name, he was said that he could only buy it with an additional controller and an accessory “with a minimum value of $ 40”.
Another customer. who had pre -tone the Xbox Xbox X edition, was then said in store that he could only get it with the purchase of $ 75 in accessories.
“After discussion with the manager. she agrees to replace the accessories by buying an additional guarantee,” said the justice of the peace, adding that the third client had also been forced to buy such a guarantee.
These three clients had felt “caught up in deprived”.
“For the latter. the imposition of restrictive conditions of sale in a context consoles sold together only: eb of scarcity is akin to a unfair tactic,” reads the decision.
“Skillful” method
If the DPCP was also of this opinion. to the point of bringing a criminal prosecution, the parent company Electronics Boutique Canada defended the legality of its strategy by explaining that these conditions of purchase were clearly visible, both on the Internet and there was therefore no false representation in its way of doing things.
After analysis. justice has agreed, concluding that this way of doing things was a “sales strategy and not a decoy masking solicitation”. But she still warned that it was a limit case.
“This is a commercial logic which. without openly contravening legal standards, nevertheless borders the boundaries with manifest empowerment,” said the decision.
EB Games was thus acquitted in the three files which could have asserted tens of thousands of dollars in fine. And. above all, she will be able to continue consoles sold together only: eb to force the sale of accessories with the purchase of new consoles, when they go out.
Consoles sold together only: eb
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