Prices form an essential part of the information provided on contracts. Consumers must have the right to assume that the prices given in marketing materials, for example, are correct, and that the product may be purchased at the indicated prices.
The vendor is not bound by an incorrectly indicated price if the mistake is so clear that the consumer could have been assumed to realise that it was incorrect. This applies, for instance, when the difference between the indicated price and the actual price is very large, or if the incorrect price can be considered to be exceptionally low compared to general price levels.
Addressed and other direct marketing
Direct marketing offers addressed to a consumer by name and address are binding. For example, consumers may order products from a mail order catalogue at the prices indicated in the catalogue using the enclosed response slip. When the consumer fills in and returns the response slip, a binding contractual relationship is formed between the parties. Similarly, offers sent by email, mobile telephone or another personal form of contact are binding.
The prices given in an online store are binding. One the consumer accepts an offer given in an online store, a binding contract has been formed. An offer is considered to have been accepted, for example, when the consumer orders a product using the order form on a website.
Bonuses and free gifts
Consumers have the right to demand receipt of a free gift (e.g. a discount or gift voucher, a bonus, etc.) that has been promised at the agreed time. This kind of benefit forms a part of the contract that was made, and the party offering the benefit is bound by the indicated value of the bonus. If the free gifts have run out, the company must reimburse the consumer for the value of the gift. The consumer is not obliged to accept another product in lieu of a promised gift.