Media Markt customer says display unit was sold at advertised price

Consumer law requires that the advertised price match the product actually delivered, and a display unit is not a new product. If there is no warning, the customer can file a claim.

The scene repeats itself in many electronics stores. You see a television with its price tag, ask for that unit, and the salesperson tells you that the price refers to the model on display, switched on. The sign makes no mention of it being a used or unboxed unit. The buyer is left wondering whether they are being sold something different from what they thought.

## What the law says about display prices

**Spain's Unfair Competition Act (Ley 3/1991)** and national consumer regulations consider it misleading any information that creates confusion about a product's characteristics. A display TV has been switched on, handled and left without its original packaging. It is not the same as a sealed one.

**Royal Legislative Decree 1/2007**, which approves Spain's General Consumer Protection Law, requires that pricing information be truthful and sufficient. If the label does not distinguish between a new and a display unit, the customer can demand the new one at the marked price or report the practice to the consumer authorities.

## The phantom stock strategy

Some suspect that prices **100 or 150 euros** below the competition are meant to attract customers when there is no real stock. Marketing has a name for this practice: bait pricing. It is not illegal in itself if the product exists and can actually be purchased.

The problem arises when the stock never appears and the seller offers more expensive alternatives. **Directive 2005/29/EC** on unfair commercial practices considers it misleading to advertise a product at a lower price knowing it is unavailable. The key lies in intention and actual availability.

## The open box and the doubt about the swap

Opening the box before handing over the TV is common practice to check that the panel has not arrived broken. Wary customers antiestéticar this gesture is used to put the display unit in the box and return the new one to the shelf. There is no proof this happens, but the lack of transparency fuels suspicion.

The advice is simple: ask in writing that the unit delivered is new and sealed, check the serial number and keep the receipt. In case of any discrepancy, filing a complaint with the municipal consumer office is free.

## A specific case: 654 euros for a Hisense

The TV in question is a **Hisense U8Q** marked at **654 euros**, a price the buyer considered good until he was told it was the display unit. The condition of the unit does not appear on the sign as a condition of sale. That is the problem: the relevant information is given verbally, not in writing.

The **OCU** (Spain's consumer organisation) has warned on several occasions about the difference between display prices and new product prices. The buyer's request is reasonable: if the sign does not specify otherwise, the price should apply to a new unit. The consumer authorities have the final say.