Six months have passed since Poland’s consumer rights act and amendments to the civil code entered into force. The principles governing shopping in brick-and-mortar stores, online and at product demonstrations have changed, as has the process of filing complaints. The Office of Competition and Consumer Protection (UOKiK) will now determine whether enterprises are complying with the new regulations.

[Warsaw, 24 July 2015] The consumer rights act has been in force since December 25, 2014. The most important changes include extending the time consumers have to cancel a distance or off-premises contract from 10 to 14 days, requiring enterprises to obtain the express consent of consumers before charging additional payments, and new procedures for filing complaints. Their entry into force was preceded by a six-month vacatio legis – grace period to give enterprises time to adjust to the new rules. UOKiK has taken that time to conduct an extensive education campaign, and will now seek to determine how enterprises have put the new rules into practice. To that end, the Authority plans to carry out comprehensive inspections to kick off 2016. At the same time it keeps a vigilant eye on complaints consumers lodge regarding violations of their rights.

Hindering withdrawal from a contract—an age old practice

Some of the illegal practices consumers have been reporting were occurring on the market prior to the change in the law, while others have consisted in a failure to fulfil obligations the law brought about.

Examples of the first type include enterprises preventing consumers from withdrawing from distance and off-premises contracts. Consumers are still all too often not informed of their right to terminate a contract, or are not provided with a form to facilitate their ability to do so. Some enterprises also fail to honour consumer declarations of withdrawl from a contract or do not cover the delivery costs of merchandise, which the law stipulates they must do when a consumer has withdrawn from an agreement. However, consumers must  pay the costs of returning goods.

Additional costs

Companies entering agreements with consumers at a distance often do not obtain permission from the consumers to start operating within 14 days. Being granted consent to start providing services during this period is important for the future potential of settlement for services rendered. According to the law, consent should be clear and preserved in a permanent format.

Some telecommunications companies also fail to obtain consent from the consumer for each and every additional charge they bill out. This occurs most often in addition to the main service packages they offer. In such cases, vendors do not inform consumers of the total price and then demand an additional contact to deactivate the extra service. The law calls for consumers to be refunded the additional payments that have been collected.

Consumer consent and marketing

UOKiK has also received complaints about telemarketing by companies involved in sales demonstrations located off retail business premises. Consumers who have not given companies their consent to be contacted for direct marketing by telephone have also received invitations to product presentations. The law states that businesses may engage in direct marketing by phone, but they must obtain prior consent from the consumer to do so.

Cooperation with law enforcement agencies

The Authority also receives complaints against dishonest online retailers that fail to either deliver merchandise or refund money when a consumer has effectively withdrawn from a contract. UOKiK cooperates with law enforcement agencies within the competition and consumer protection network to rectify these injustices.

The Authority’s Activities

At the beginning of 2016 UOKiK will set out to determine whether enterprises have adjusted to the new provisions. In response to violations it uncovers, it may initiate administrative proceedings concerning infringements of the collective consumer interests, require that an illegal practice be abandoned and impose fines up to 10% of turnover. In justified cases, it may appeal to enterprises to voluntarily cease their illegal practices.

Additional information for the media:

Press Office, UOKiK
Pl. Powstańców Warszawy 1, 00-950 Warsaw
Phone.: +48 22 827 28 92, +48 22 55 60 314, +48 22 55 60 430
E-mail: biuroprasowe@uokik.gov.pl