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Vision Express - decision of UOKiK
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Returning a product bought online - only unused and in the original and unimpaired condition - this is one of abusive clauses in regulations of the Vision Express e-store. The President of UOKiK fined the company with over PLN 360 thousand for violating collective interests of consumers
Proceedings in the case were instituted in January 2013. The President of UOKiK questioned six clauses restricting rights of e-clients, contained in regulations of the Vision Express e-store.
A consumer who buys products online has more possibilities than the client of a traditional store. The law gives Internet users 10 days to return a product bought online. This privilege is not available to clients of traditional stores.
According to the Terms and Conditions of Vision Express, a client could only return a product that was not used and was in its original and unimpaired condition. When buying online, a consumer has no chance to examine a product, which is why they are allowed to do it after receiving the item - within the scope of the so-called ordinary management. It means that they can open the packaging to try on the glasses or check whether the contact lenses have the required parametres. By doing this, a client does not forfeit their right to withdraw from a contract.
Moreover, Vision Express stipulated that a customer who withdraws from a contract would not be refunded the cost of delivering the product ordered by them. According to legal regulations, if a consumer wishes to return a product, they send it back to the seller at their own expense, while the seller immediately repays the price of the product and the cost of delivering the product to the customer.
The President of UOKiK fined Visions Express with over PLN 360 thousand for violating collective interests of consumers. The company stopped applying the challenged clauses. The decision is not final, as the undertaking may lodge an appeal to the court.
Additional information for the media:
Małgorzata Cieloch, Spokesperson for UOKiK
Department for International Relations and Communication
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Tel.: +48 22 827 28 92, +48 55 60 314, +48 55 60 430
Fax: +48 22 826 11 86
E-mail: [SCODE]bWFsZ29yemF0YS5jaWVsb2NoQHVva2lrLmdvdi5wbA==[ECODE]
Attached files
- Press release (2013.09.20) (119,5 KB, doc, 2016.06.14)
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Office of Competition and Consumer Protection
Plac Powstańców Warszawy 1
00-950 Warszawa
Phone: +48 22 55 60 800
E-mail: [SCODE]dW9raWtAdW9raWsuZ292LnBs[ECODE] - Reports















