Can I sell online at different prices?
New Regulation EU 2018/302 on measures to prevent unjustified geographical blockade and other forms of discrimination.
On December 3 of this year an EU Regulation 2018/302 of the European Parliament came into force, which is European in scope and whose main purpose is to eliminate the barriers and differences existing within the European internal market and which cause unjustified discrimination in the European Union. electronic commerce according to the nationality or country of residence of the purchaser and which ends up being translated into different purchasing conditions depending on where or from where the purchaser buys.
Of these discriminatory acts, known as “geoblocking” are acts such as; block or limit access to a website or platform, apply different conditions of purchase or delivery of the product, limit the payment modalities according to the nationality or country of residence of the purchaser, etc.
Scope of application of the Regulation EU 2018/302
1. To what does it apply? To goods and services directed to final consumers or companies / merchants (clients) that acquire it only for final use (there are no lucrative purposes).
2. Who is obliged to comply with the provisions of this regulation?
- Any company / merchant selling products delivered online or to an EU Member State in which the company / merchant usually offers this delivery service or delivered to another EU Member State agreed with the consumer.
- Any company / merchant that offers services electronically or that the consumer or customer receives the services in a physical place where the company carries out its activity.
- Does not apply to online sales delivered outside the EU
- Does not apply to sales made in favor of other companies or merchants for profit.
The final consumers or non-profit businesses and merchants have the right to request non-discrimination in terms of prices and other conditions of sale and therefore to demand that they apply the same conditions that would apply for the delivery of a good or for the provision of a service in Spain or in any other EU State.
Specifically, this obligation is provided in article 4: “a merchant will not apply general conditions of access other than on products or services for reasons related to the nationality or the place of residence or establishment of the client.”
Regulation EU 2018/302: General conditions of access
By “general conditions of access” the Regulation understands all the conditions and other data, such as the net sales prices, that regulate the access of the clients to the products or services offered by a merchant, that are established, applied and put to general public disposition by the merchant and applied in the absence of an individually negotiated agreement between the merchant and the customer.)
The same article 4.2. It also provides that there may be differences if they are justified and are not discriminatory. From all this it follows that unless these differences in contracting conditions have a fair reason and that in no case is it a difference due to nationality or residence of the purchaser, the same conditions must apply.
In any case, the Spanish control and sanctioning authorities have not yet been created and it will probably take months and therefore there will be no immediate persecution, however it is a European regulation in force that is fully effective.
Any doubt in this regard we can advise and help you taking into account the characteristics of your business and find a way to comply with the new European requirements.