ACM: online store for boxer shorts On that ass must be clearer about its subscriptions

The Netherlands Authority for Consumers and Markets (ACM) has ordered online store On that ass to state clearly on its website that, when ordering, consumers take out subscriptions. The online store www.onthatass.com sells boxer shorts. Consumers were promised a ‘free’ pair of boxer shorts, but were subsequently bound to a subscription. This was not clearly stated on the website. ACM received many reports from consumers who had unwittingly taken out subscriptions. In addition, ACM received a request for enforcement from Poland, where consumers were misled in the same way. ACM confronted online store On that ass with these complaints. This has resulted in the online store now clearly stating that, when ordering a free pair of boxer shorts, consumers take out paid subscriptions for monthly deliveries of a pair of boxer shorts.

Renske Fikkers, acting Director of ACM’s Consumer Department, adds: “Many consumers didn’t realize that they automatically took out subscriptions when they ordered the free pair of boxer shorts. That puts consumers on the wrong track. You only take out a paid subscription if you explicitly agree to that. This is now clearly stated on the website.”

Clear information about subscriptions

Consumers are entitled to clear and complete information before making a purchase, particularly if it is a subscription. In the case of online store On that ass, it was not clearly stated that, after the first free pair of boxer shorts, you were bound to a paid subscription and monthly follow-up shipments. That has now been adjusted. This is now also stated more clearly in online ads. The 14-day cooling-off period that applies to online purchases after the product has been received is applicable here as well. According to the highest European court, the exception for hygiene products does not apply to washable products.