In 2008, 30 mln Europeans did their shopping in a foreign country via the Internet. If the provisions on which the European Commission is currently working come into force, the interest in this form of sale will increase

A survey carried out by Gemius in 2008 revealed that over 10 mln Polish Internet users did their shopping via the Internet at least once. While deciding to do e-shopping, you should know what rights you have in this respect - this way you can avoid problems with dishonest traders.

The experience of the Office of Competition and Consumer Protection shows that failing to inform consumers about the rights they are entitled to has become very common among traders. In the case of distance shopping, including purchases made via the Internet, consumers enjoy a special right - they have the possibility of returning the purchased goods or give up the services bought without any further consequences. The consumer does not also need to give any justification for the decision - they only have to send a written statement to the trader within 10 days of receiving the product, and when the agreement concerns a service - of the date of its conclusion. The trader should inform the consumer about this right in writing prior to the purchase.

Failing to inform consumers about where and how they can file a complaint is another problem often reported to the Office. It is worth remembering that in the case of goods not in conformity with the agreement - regardless of where they were purchased - one has the right to complain about them to the trader in the course of two years of their delivery and 2 months from detecting a defect. The trader should respond to the complaint within 14 days - if they fail to do so, this means they agree with it. Once the complaint is accepted, the goods should be repaired or exchanged, one can also get a money return if necessary. When seeking redress, it is also helpful to have a proof of purchase, e.g. receipts. Alternatively to filing a complaint, the consumer has also the right to use a guarantee and the choice between these two possibilities is up to the him or her. Let us not forget: a guarantee is a voluntary commitment of a business (usually the producer or distributor) and its exact terms are specified in the guarantee card.

Technical development and widespread globalisation make it possible to make purchases abroad to a greater degree than before. Among the 150 mln of EU consumers who made on-line purchases in 2008, only a fifth made a cross-border transaction. Poles are reluctant to make use of this possibility too*: although they can buy a computer, TV set or household equipment in a different country, they rarely do it. The majority of Poles taking part in the survey said that they would not buy given products from a trader in a different EU country: in case of IT and communication equipment (including computers or TV sets) it was 41% of respondents with reference to household appliances - 45%. Why does the situation look like that? It may be due to different degrees of consumer protection across individual EU countries as regards cross-border transactions and also lack of sufficient knowledge and information on regulations binding in the other member states.

Currently, the European Commission is currently working on the final wording of the Directive on consumer rights. The Directive aims at addressing these differences. The newly proposed solutions include e.g. introducing the obligation to enclose a standard withdrawal form to distance agreements and agreements made outside business premises; unifying the length of the cooling off period; introducing the obligation to inform in a guarantee about consumers’ statutory rights to seek redress by filing a complaint about a product that is not in conformity with the agreement. At present, it is obligatory in Poland to inform in a guarantee it does not limit, exclude or suspend consumer rights resulting from the product’s non-conformity with the agreement without stating these rights in detail.

The proposed Directive was discussed at an international conference held by UOKiK in Warsaw . “We hope that apart from creating a common European retail market, the new provisions will result in improving the situation of weaker market participants in our country and increase their awareness,” said Małgorzata Kozak, Vice-President of the Office opening the conference. The speakers included representatives of the European Commission, the Federal Ministry of Food, Agriculture and Consumer Protection of Germany and the Swedish National Board for Consumer Policies, as since 1 July Sweden has been holding presidency in the EU.

Additional information:
Małgorzata Cieloch, Spokesperson for UOKiK
Pl. Powstańców Warszawy 1, 00-950 Warsaw, Poland
Tel. (+48 22) 827 28 92, 55 60 106, 55 60 430
faks (+48 22) 826 11 86
E-mail: [SCODE]bWFsZ29yemF0YS5jaWVsb2NoQHVva2lrLmdvdi5wbA==[ECODE]

*The survey, commissioned by the European Commission, was conducted in 27 EU member states by Iposos Belgium among people over the age of 18. Another factor determining the participation in the survey was previous experience concerning a purchase of a given product. The total of 38255 persons were surveyed across the EU and 1464 in Poland. The aim of the survey was to study the level of consumer satisfaction with reference to 8 product markets, i.e. fresh fruit and vegetables, non-alcoholic beverages, meat, IT and communication equipment, other household appliances, entertainment and leisure goods, new motor vehicles as well as clothing and footwear.