Two serious cases with Aspiegel/Huawei – fully documented and reported to EU authorities, but still open to an amicable resolution
I’m sharing two serious and separate cases involving Aspiegel.com, a Huawei Group company, which have resulted in violations of my rights as a consumer. Everything stated here is 100% real, proven, and backed by detailed evidence including photos, videos, screenshots, email exchanges, and delivery tracking data.
I have already submitted formal complaints to the European Commission, filed a petition to the European Parliament, and contacted the SOLVIT network, yet I am still open to a constructive, friendly solution if Huawei/Aspiegel is willing to respond properly and lawfully.
📌 Case 1 – "Lucky Star" rocket points: unreachable smartwatch prize
I participated in the official "Huawei Lucky Star" promotion via the Huawei app and Aspiegel platform. The campaign advertised a Huawei Watch GT4 as a redeemable prize by collecting “rockets” daily. However, despite logging in and participating regularly, the required number of rockets was never disclosed upfront and was continuously increased, making the prize effectively unattainable.
This setup was misleading and gave false expectations to users who were incentivized to engage daily under the belief that the prize was within reach—only to discover it was systematically withheld or marked as "out of stock".
This is a textbook example of a deceptive and unfair commercial practice, also reported by many other users.
📌 Case 2 – Huawei P40 5G received without mandatory shipping document
In a separate case, I was awarded a Huawei P40 5G smartphone as a prize from a promotion. The phone was delivered, but without any transport/shipping document (DDT), which is a legal obligation in Italy, even for free promotional items.
This represents multiple legal issues:
Under Italian law (Presidential Decree 472/96), a transport document is mandatory for every shipment to ensure product origin, traceability, fiscal transparency, and proof of delivery.
The lack of a DDT prevents me from validating the origin or lawful possession of the device, creating risks in terms of warranty, tax obligations, and possible disputes with authorities.
Despite repeated and formal requests to Huawei customer service, no shipping document has ever been provided, nor any valid explanation given.
⚖️ Legal violations – summarized
Here are the most relevant violations committed by Aspiegel.com under both EU law and Italian consumer protection rules:
🇪🇺 European Union Law
Directive 2011/83/EU (Arts. 6–7): lack of clear and pre-contractual information regarding promotions and redemption conditions.
Regulation (EU) 2019/1150 (Art. 5): unilateral and unannounced changes to commercial terms.
Directive 2005/29/EC – Unfair Commercial Practices: misleading offers and promotional deception.
Directive 2006/112/EC (VAT obligations): lack of documentation for free goods constitutes a breach of EU VAT rules.
Regulation (EU) 2016/679 (GDPR): possible misuse or lack of clarity regarding personal data collected through the app and the promotional program.
🇮🇹 Italian Consumer Code (Legislative Decree 206/2005)
Arts. 3, 5, 22–23: lack of essential consumer information and transparency.
Arts. 33–34: possible abusive clauses in unclear or misleading promotional mechanisms.
Arts. 114–127: accountability of the manufacturer and seller for irregular or undocumented product deliveries.
🧾 Italian commercial and fiscal law
Presidential Decree 472/96, Revenue Agency Circular 225/E/1996: delivery documents are mandatory for all shipments, including free items.
Civil Code (Art. 1498): lack of transport document may constitute defective or incomplete delivery.
🧑⚖️ European Convention on Human Rights (ECHR)
Art. 6 ECHR – Right to a fair hearing: no meaningful review of my complaint.
Art. 13 ECHR – Right to an effective remedy.
Art. 8 ECHR – Right to privacy: questionable use of personal data in the promotional context.
📎 Fully documented and officially reported
All of this is fully documented, and I have already submitted:
a formal complaint to the European Commission (DG JUST and DG TAXUD),
a petition to the European Parliament,
and a cross-border complaint to the SOLVIT network (Italy and Belgium).
🕊️ Still open to a fair and amicable resolution
Despite the seriousness of these issues, I remain willing to resolve the matter amicably, provided that Aspiegel/Huawei contacts me formally and acknowledges the harm caused. I ask for:
the missing transport document for the Huawei P40,
an honest and transparent explanation regarding the smartwatch promotion, and
corrective measures to prevent the recurrence of such practices.
Huawei and its affiliates should act in compliance with EU law, Italian law, and fundamental consumer rights.
25 June 2025
Unprompted review