"Imagine walking into a flower shop and seeing a picture of a particular type of rose. You want a bouquet of these, but the roses are out of stock, even though the picture of those roses is on the wall. So you can have this one Don't buy the bouquet like this. Is the rose picture harmful to you as a customer?" Can the customer warn them now because they don't have their roses?
Maren Hellwig, owner of Blumenfee - The flower delivery company is currently exposed to this accusation - currently warned by the consumer protection association against unfair competition e.V. from Fürstenfeldbrück because of exactly this "passing" - on the Internet.
Maren Hellwig is not an "Amazon" of online trading: She set up Blumenfee independently 9 years ago and has been sending flowers online from the Magdeburg Börde all over Germany ever since The concept of sending flowers went well: sales increased, the regional media reported, organizations awarded prizes for the friendly business idea. If items are not available, the shop hides them, but in the item description including product images, these non-available variants are still partially visible. The customer selects the freebie that is still available but actively self-select under the heading: "Choose your freebie". Likewise, the customer sees which free addition he has placed in the shopping cart both on the product page and in the shopping cart. However, this is still not enough for the consumer protection association. Hellwig is also accused of missing the term “contains sulphites” in two product descriptions to be paid.
Maren Hellwig did not agree to these demands. "I would dig my own grave with that," says the owner of Blumenfee.
The consumer protection association against unfair competition e.V. then obtained an injunction for both issues. There, a fine of up to €250,000 or a prison sentence of up to 6 months is threatened for repeated violations. The costs of this disposition currently amount to around €6000, which is also to be borne by the flower fairy.
The 36-year-old has been running her company with passion for 9 years in the Magdeburg Börde. She asks why the action is so disproportionate here. “Where is transparency and proportionality in the actions of the consumer protection association?” Hellwig asks. The entrepreneur has transferred €300 as a compromise proposal for what “is already painful”. Real consumer protection can only be achieved if mistakes are pointed out and given the opportunity to rectify the situation and penalties remain realistic. Dialogue without a warning would be the most effective way in terms of consumer protection, Maren Hellwig continued. “I no longer feel like an entrepreneur, I am portrayed as a criminal, but I have not committed a crime. But on the contrary. I run my company with passion and the satisfaction of our customers is our top priority. We also do everything we can to ensure that our product range is presented as clearly as possible. We regularly record customer requests and check them for implementation relevance. We are always close to our customers and should now be punished for it? What about the big companies, for example, some of which literally "cheer" on subscriptions in the check-out? There is partly deliberate misleading and nobody warns. Maybe because they are just too big? So you go to the little ones. The little ones who make an effort and don’t end up doing everything with just one night shift in the best possible way, in the interests of their customers and the case law.”