With a healthy dose of humor, the German branch of the Swiss online retailer Galaxus advertised itself in a TV commercial as "the most honest online retailer" —and received a lawsuit from the Center for Combating Unfair Competition as a result. A settlement was reached in Hamburg.
Galaxus.de prides itself on being the first online shop with a price transparency tool, transparent about its return rate, critically testing products, and refraining from accepting payments from manufacturers to give their products more prominent placement. The claim "Germany's most honest online shop," according to Galaxus, was therefore a natural fit. However, the Frankfurt-based competition watchdog, Wettbewerbszentrale, objected to the superlative. It filed a lawsuit in the Hamburg Regional Court, where Galaxus Germany is headquartered, to prevent its continued use.
The 6th Chamber for Commercial Matters of the Hamburg Regional Court heard the case on March 5th. The presiding judge stated that Galaxus had "veritable arguments" on its side. Galaxus's lawyer, based in Weil am Rhein, had explained to the court in the preliminary written proceedings why the company considered itself the most honest online shop.
However, the case was also a "probatio diabolica," as the judge put it. Wikipedia defines this as "a legal requirement to achieve an impossible proof." Therefore, Galaxus could hardly prove that it was the most honest shop. No verdict was reached; both sides agreed to a settlement. Under this settlement, Galaxus will voluntarily relinquish the superlative "most honest" after a certain period.
Photos: Galaxus
At Galaxus's suggestion, both sides agreed on April 30, 2024. The online retailer with Swiss roots had always maintained that the superlative was admittedly an exaggeration. Galaxus now considers it part of its self-image to report publicly and honestly on complaints such as those filed by the competition authority.
The original TV sports coverage is here.
