• Prizes for everyone. Drawing of attractive gifts. This is how Exito from Opalenica encouraged consumers to take part in trade shows.
• However, prizes did not exist, and customers had to pay for gifts.
• The President of UOKiK imposed a fine of almost PLN 4 million on Exito for misleading seniors.

The company Exito from Opalenica (the Province of Wielkopolska) sells therapeutic mats, massage equipment, food processors, air purifiers and other appliances at trade shows. The offer is addressed mainly to seniors. The Office of Competition and Consumer Protection has received a lot of complaints. They formed the basis for the initiation of proceedings against Exito in May 2019.

Prizes for everyone. Exito invites consumers to trade show luring them with a promise of a free-of-charge gift for every one of them. What is more, the company’s employees inform that a prize-drawing will take place during the presentation. In fact, gifts do not exist, and “drawn” prizes must be paid for as is provided in Exito purchase contract.

Non-existing special offers. The company claim its offer is special because consumers may save up to several thousand złotys. Meanwhile, the cost of products was made high and pre-promotion prices never existed. Exito makes all of these attempts to persuade consumers to buy expensive products.

No right to withdraw from the contract. Exito claims that consumers cannot give up the purchase because they bought products for special prizes or medical devices. This is against the law because anyone concluding a contract during a trade show may withdraw from the purchase within 14 days.

We will not go easy on companies that mislead seniors. Exito’s goal was to sell as much as possible with illegal methods. I did not find any mitigating circumstances in this case, which is why I imposed such a high fine, so far the highest one. I hope it will be a lesson for dishonest entrepreneurs, says Marek Niechciał, the President of UOKiK.

The President of UOKiK imposed on Exito a fine amounting to nearly PLN 4 million fine (PLN 3,936,270) for violating consumers’ collective interests. The company must discontinue its practices because this decision was given an order of immediate enforceability. Customers will receive a letter from Exito informing about the UOKiK’s decision.

The decision is not final yet because Exito may appeal to the court. The company has 30 days to do so following the decision receipt.

Consumer service:

Phone: 801 440 220 or 22 290 89 16 – consumer helpline
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Consumers’ Ombudsmen - in your town or district
Regional Consumer Centres: 22 299 60 90 – Dlakonsumenta.pl