Any business may be subject to an inspection by the FPS Economy. During such an inspection, attention is often paid to whether your prices are communicated clearly and whether mandatory information is made available in the correct manner, at your place of business and/or online. This is done to protect consumers and ensure fair competition. Those who fail to comply with the rules risk administrative fines, criminal prosecution and reputational damage. That is why we thought it would be useful to outline the key risks and provide practical tips to help you prepare your business for such an inspection.
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Legislation on pricing and transparency applies to all entrepreneurs, regardless of sector or size. Small businesses and sole traders may therefore also be inspected by the competent inspection services.
The inspections are intended to identify breaches of the economic legislation, such as those relating to transparent price indication and business information. Below we have listed the main rules on price indication and information obligations.
The FPS Economy checks whether your prices are communicated in advance and in a transparent manner.
Do you sell products?
· Prices must be clearly indicated on each product
· Prices may not only become clear at checkout
Do you offer services?
· Ensure that the customer knows the cost in advance, or at least how it is calculated
· Avoid merely stating that prices are ‘on request’
Examples
· A hairdresser must indicate the price of a haircut, a blow-dry, colouring...
· A car dealership must display its rates for all standard services
Ensure easy access for customers to the following basic information:
· your company name and enterprise number
· the address of your business
· your general terms and conditions
· for regulated professions, such as doctors, veterinarians, dentists, physiotherapists:
o your official professional title
o the country where your degree or professional qualification was obtained
Do you have a website or do you offer online services? In that case, additional legal obligations apply.
Mandatory information on your website
· company name and enterprise number
· address of your business
· contact details, at least email address and telephone number
Extra attention for certain sectors
· Regulated professions (doctors, dentists, veterinarians, physiotherapists):
→ mention your professional title and the country where you obtained your degree or professional qualification
· Supervised businesses such as financial service providers:
→ indicate which authority exercises supervision
· Sectors with codes of conduct (e.g. fitness centres):
→ state that you follow a code of conduct and where it can be consulted
Some sectors run a higher risk of inspections because they are more sensitive to errors relating to price and information obligations.
1. Regulated professions, such as doctors, dentists, veterinarians, physiotherapists
Typical issues:
· missing professional title on the website
· unclear or missing tariffs
2. Retail shops (clothing, electronics, furniture)
Typical issues:
· products without price indication
· prices only visible at checkout
3. Service providers, such as hairdressers, garages, consultants
Typical issues:
· no price list available
· working with ‘price on request’
When an inspector pays you a visit:
· Always ask to see the inspector’s identification card
· Inform your PIA Advisory contact of the inspection so that we can assist you immediately
During the inspection
· Answer questions correctly and honestly
· Present all requested documents
· Note what is being inspected
· Take photographs of your price indications as evidence
· Ask about the deadline within which any infringements must be corrected
After the inspection
· Proactively inform the FPS Economy once the adjustments have been made
What you shouldn’t do
· Send the inspector away
· Withhold documents
· Ignore a warning
At your place of business
✔ Are all prices visible?
✔ Is there an information board with your business details?
✔ Are your general terms and conditions available?
✔ Is your professional title stated, if applicable?
On your website
✔ Are your contact details complete?
✔ Is your enterprise number mentioned?
✔ Is your professional title correctly stated, if required?
✔ Are your general terms and conditions easy to find?
An inspection by the FPS Economy doesn’t have to be a problem. Regularly checking that your prices and information are correct avoids fines and last minute stress.
Do you want certainty before an inspection takes place, or have you already received a warning?