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Judge Pedraz rules out that the firm deceives the consumer, since at no time is he told that he is buying solid silver
Jan 27, 2020. Updated at 11:25 p.m.WhatsappMailFacebookTwitterComment ·
The judge of the National Court Santiago Pedraz has agreed to file the investigation against the Tous firm by ruling out any possible scam in the marketing of its gold and silver jewelry, which "would be protected by law" as precious metals.
In an order known this Monday, the head of the central Court of Instruction number one ruled out that it deceived the buyer, since at no time was he told to buy solid silver, so he did not see irregularities in the electroforming technique , according to which the jewel could incorporate non-metallic nuclei depending on its size and shape.
There is also no record that the consumer "buys the piece thinking that it is solid and the seller has let him know so", continues the magistrate, who rejects the possible crimes of misleading advertising and document falsification in relation to the company's certificate that performs the contrasts, and that of corruption between individuals as there is no data that supports alleged bribes.
Such arguments, defended in court by the representative of Tous himself in his statement last Wednesday, mean that there is no alleged misleading advertising, "because in the offer of the products there are no false or uncertain allegations".< blockquote class="twitter-tweet">
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Regarding the alleged documentary falsification, Judge Pedraz concludes that the certification is "in accordance" with the Precious Metals Regulation, and adds that he does not perceive a crime of corruption between individuals either, since there is no data that "minimally" supports alleged bribes .
The case stems from the complaint filed by the Association of Jewelry Consumers and Users (Consujoya) at the end of 2018 before the Civil Guard of Córdoba, in which it warned that it had detected that several Tous jewelry models were stuffed of a non-metallic material. Said version was collected by the Prosecutor's Office of the National Court, which last December requested the imputation of both the brand and the company that carries out the quality controls of the products.
In its letter, as reported by Efe, the Public Ministry reported the possible "affect to a very significant number of products allegedly placed on the market with misleading or fraudulent advertising", some four million pieces, by a company " implanted in more than 45 countries, with some 400 establishments and a volume of sales in Spain of more than 350 million euros».
In addition to misleading advertising, generally punishable by fines of 12 to 24 months, it asked to investigate alleged crimes of continued fraud, false accounting and corruption in business, all of which were denied by the company.
In his statement, Tous, who had previously appealed his accusation, asserted that his jewels meet all the guarantees, including those made of silver, inside which he recognized that there could be non-metallic materials due to the use of the controversial technique, of which they were pioneers almost three decades ago. His representative argued that if this formula was not used it would be impossible to produce pieces of certain volumes since they would not have stability, and clarified that it did not prevent the final product from always being first-rate.
That same week, Tous received the support of both professional brand groups and the Spanish Association of Jewelers, Silversmiths and Watchmakers, which in a statement explained that "the practice of stuffing pieces of jewelry does not imply fraud or manipulation" , but it is a "proprietary manufacturing technique that allows the consumer to offer jewelry with a more affordable design."
Founded in 1920 and currently chaired by Alba Tous, the firm obtained a consolidated net profit of 27.3 million euros in 2018, 120% more than in the previous year, and the group's bill reached 396.4 million euros, 4.5% more.
Tous bear loses shine
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The Justice has put the magnifying glass on the Tous jewelry firm. His famous bear will have to face the verdict of the National Court, which is investigating an alleged crime of fraud and misleading advertising. Judge Santiago Pedraz will have to clarify whether, as the Prosecutor's Office maintains, the Catalan company has sold jewelry filled with non-metallic material despite advertising it as if it were made entirely of gold or silver.
The conflict started at the end of 2018, when the Association of Consumers and Users of Jewelry (Consujoya) filed a complaint with the Civil Guard of Córdoba, assuring that it had detected a problem with the bear's signature jewelry. They defended that the Tous pieces were filled with a non-metallic material, despite the fact that the company marketed them as 18 or 24 carat gold or as sterling silver.
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