• The President of UOKiK stated that Dannte violated consumers’ collective interests.
• The enterprise sold a water revitalizer, but signed contracts for water installation extension.
• The contract contained a provision according to which it is impossible to withdraw from the contract after the equipment installation.

The Office initiated proceedings against Dannte in October 2018. The enterprise received orders for water filtering device by e-mail and by phone. In the past, it also used to sell its products during trade shows (presentations). Consumers who bought a revitalizer were provided with a contract for water installation extension to be signed. The company installed the device in a very short time, often on the same day. The contract contained provisions according to which it was impossible to withdraw from the contract after the service was performed.

Pursuant to the Consumer Rights Act, consumers have the right to withdraw from an off-premises or a distance sales contract (i.e. conclude by telephone, on-line) within 14 days of its conclusion. According to the above-mentioned Act, one cannot withdraw from a contract for the provision of services if services were performed and the consumer agreed to it, knowing that he/she will lose the right to withdraw. However, if an enterprise sells the goods and performs the service at the same time, the provisions on the sale of goods apply. On that basis, the President of UOKiK stated that pursuant to the Consumer Rights Act, the buyer has the right to withdraw from contracts concluded with Dannte within 14 days of purchase and that the company misled consumers.

The Office found that on 1 March 2018, i.e. before the proceedings were initiated, Dannte ceased to sell the goods off-premises and thus stopped misleading consumers. This provided a basis for lowering the fine, which amounted to approx. PLN 15,000 PLN (PLN 15,456). The enterprise may appeal against the UOKiK decision to the court.

For more information about purchases and distance contracts, please visit our website at: https://prawakonsumenta.uokik.gov.pl/. Consumer who cannot withdraw from the contract may ask for help from the municipal or district consumer ombudsman. Free advice is provided at the following telephone numbers: 801 440 220 and 22 290 89 16 or via email [SCODE]YWR2aWNlQGRsYWtvbnN1bWVudG93LnVva2lrLmdvdi5wbA==[ECODE].

Consumer service:

Phone: 801 440 220 or 22 290 89 16 – consumer helpline
E-mail: [SCODE]cG9yYWR5QGRsYWtvbnN1bWVudG93LnBs[ECODE]
Consumer’s spokesman – 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 60 314
E-mail: [SCODE]Yml1cm9wcmFzb3dlQHVva2lrLmdvdi5wbA==[ECODE]
Twitter: @UOKiKgovPL