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Automotive Newsflash - Autoliek 2 : Radio Advert: Is an importer allowed to refer the listeners to the full offers conditions available on its website?

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03/04/2018

AUTOLIEK 2 : RADIO ADVERT: Is an importer allowed to refer the listeners to the full offer’s conditions available on its website?

Yes, as long as its radio advert does not pertain to consumer credit with an interest rate or with any figures related to the cost of the credit, and provided that it is not misleading (in particular with respect to the advantages stemming from the promotional offer).
 
For instance, the radio advert will be deemed misleading if it causes the average listener to visit a dealership, which he would not have visited if duly informed of the promotional offer’s conditions.
 
The misleading nature of the advert is evaluated on a case-by-case basis by reviewing the relevant aspects of the radio spot as a whole. The decisive factor is the overall impression which the radio spot makes on the average listener.
 
If the importer does not communicate all the promotional offer’s conditions, for example because of the time constraints inherent in the using of a radio advert, it needs to take appropriate measures to make these conditions available in full by other means. In addition to making these conditions available on its website, the importer could think of simultaneously running the campaign on different media in a more comprehensive format.