At a glance
- State conditions clearly in advance
- Coupling with purchase not prohibited per se
- Mind fixed prices and the HWG
Since the abolition of the Discount Act and the Free Gifts Ordinance in 2001, discounts, gifts and prize games are generally permitted – subject to a strict transparency requirement. Conditions must be clear before the consumer decides: duration, eligibility, minimum order value, exclusions, prizes, selection and notification of winners, organiser.
Prize games
Coupling a prize game with a purchase is no longer prohibited per se but is assessed under the rules on misleading and aggressive practices. Deceiving about chances of winning or claiming that the consumer has already won are blacklisted. Games with stakes may be gambling. Data collection for marketing requires separate consent.
Case examples
The BGH held that PAYBACK points for hearing aids are not permissible cash discounts; the § 7 HWG value limit applies strictly (17 July 2025, I ZR 43/24).
Exceptions must be clearly visible in the ad itself; an asterisk may not reverse the headline.
Purchase-linked prize draws are generally lawful, but the conditions must be stated clearly (§ 5a UWG).
Vouchers and loyalty programmes
Conditions must be known before redemption. Fixed book prices and prescription medicines largely exclude discounts.
For price reductions, see price advertising.
