• UOKiK has initiated proceedings against Dannte.
• The entrepreneur was selling water revitalizers, and the agreements concluded were concerned with expansion of the water supply system.
• The agreements contained provisions preventing withdrawal from the contract after installation of the device.

The Office of Competition and Consumer Protection received a number of complaints related to services offered by Dannte based in Nowy Tomyśl. They were concerned with the right to withdraw from the contract. In October 2018 the Authority commenced its investigation regarding Dannte.

The entrepreneur sells water filtering devices. Orders are accepted by phone or e-mail only. In the past, the products were sold during presentations as well. While purchasing the revitalizer, the customer is required to sign an agreement for the provision of a service consisting in expansion of the water supply system. The company installs the equipment upon a very short notice. The agreement contains provisions stating that once the service has been provided, the customer waives their right to withdraw from the contract.

Pursuant to the Act on consumer rights, sale agreements concluded at a distance and away from the business premises of the economic operator (i.e. by phone, online) may be withdrawn from within 14 days from their conclusion. Pursuant to the same Act, a service provision agreement must not be withdrawn from if the service has been rendered in full, and the consumer has expressed their consent while being aware that their right to withdrawal would be waived.  However, the same regulations state also that when an entrepreneur is selling goods and is simultaneously rendering a service, provisions regulating the sale of goods apply. This means, in the opinion of the Authority, that consumers are entitled, pursuant to the Act, to exercise the right to withdraw from agreements concluded with Dannte, within 14 days from the purchase.

The entrepreneur may be misleading the customers. They might think that no such option is available to them once the equipment has been installed. The questioned practices of the company may violate collective interests of consumers. UOKiK’s investigation may be concluded by imposing, on the economic operator, a financial penalty equalling up to 10% of their turnover. An order to refrain from applying the practice in question and to remedy its results may be issued as well.

For more information distance contracts and purchases, please visit: https://prawakonsumenta.uokik.gov.pl/

Consumer support:

Phone: +48 801 440 220 or +48 22 290 89 16 – consumer helpline
Email: porady@dlakonsumentow.pl
Branches of the Consumer Federation
Consumer ombudsmen – in your town or district

Additional information for the media:

UOKiK Press Office 
Pl. Powstańców Warszawy 1, 00-950 Warszawa, Poland
Phone: +48 695 902 088, +48 22 55 60 246
Email: biuroprasowe@uokik.gov.pl
Twitter: @UOKiKgovPL