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PS5 and Xbox Series X sold “by force” with games and accessories in Belgium: is it legal?

It’s not an option. From games to accessories, these supplements are tied to the box of the console with zip ties. At first glance, it is not possible to dissociate and eliminate these items which increase the bill from 100 to 200 € to acquire only the PS5 or the Xbox Series S. We force your hand. Take it or leave it.

To be clear, we are not talking here about the addition of a game offered by the manufacturer in a specific packaging. We are here as part of a store or chain of stores that manually assembles this imagined pack from scratch, with profit in sight.

The verdict of the FPS Economy

From the point of view of fair play and respect for the customer, it is clear that the shops that apply this logic are slyly betting on the shortage of new generation consoles. Stocks rarely arrive. Since it is usually not possible to order or reserve one of these machines, you have to rely on luck. And when you stumble upon a PS5 or an Xbox Series X on the shelves, do you have to crack even if you are forced to buy more than expected?

It’s a tricky question, fueled by the logic of supply and demand. What about legality? Is it legal in Belgium to authoritatively market several complementary products in one and the same pack?

“The fact of offering goods and services together without the consumer having the choice to acquire them separately is qualified as “joint offers”, and our legislation no longer prohibits joint offers in itself”, analyzes the SPF (Public Service Federal) “The consumer can indeed always acquire the products he wants from another seller of these consoles. »

“Such packs cannot be qualified as unfair commercial practices either, in particular misleading or aggressive practices”, continues the FPS Economy. “A practice is indeed misleading if the information or presentation with regard to the essential elements of the offer is false/misleading and if it is likely to mislead the average consumer, and thereby lead him or is likely to cause him to make a business decision that he would not have made otherwise. We are therefore of the opinion that, unless the presentation of the pack or the communication on it would mislead the consumer as to its composition (misleading practices), such packs are permitted. »