• The President of UOKiK found that Kangen from Opalenica had infringed collective interests of consumers.
• The business sold water filtration equipment during demonstrations.
• Its customers were mainly senior citizens.

The Office commenced proceedings against shareholders of Kangen in July 2018 as a result of a notification received by the District Consumer Ombudsman in Tarnów. The company invited consumers to demonstrations during which it offered a water filtering device (water revitalizer). At the time of purchase, the buyers would receive a contract for the provision of services involving expansion (modernization) of the water system to add a water filtration system. The contract contained provisions excluding the right to withdraw from the contract after performance of the service.

According to the Act on Consumer Rights, a sales contract concluded off-premises and remotely (i.e. by telephone, Internet) can be terminated within 14 days from its conclusion. Under the same Act, a contract for the provision of services may not be terminated if the service has been performed in full and the consumer has agreed to it, knowing that they will lose the right of withdrawal. However, it follows from the regulation that when a trader sells goods and simultaneously performs a service, the provisions on the sale of goods apply. On this basis, the President of UOKiK found that consumers have the right to withdraw from contracts concluded with Kangen within 14 days of purchase and that the entrepreneur misled consumers.

In the course of the proceedings, UOKiK determined that the shareholders had ceased the practice as of 18 March 2019, as they terminated the company's operations. Furthermore, the company’s position is that all disputes with consumers have been settled amicably.

These findings created a basis for leniency, the penalty imposed on shareholders is over 85 thousand złoty (PLN 85,577). In addition, they must inform consumers with whom they concluded contracts between 7 April 2017 and 18 March 2019 of UOKiK’s decision in writing by registered letter. The entrepreneurs have appealed against the decision to court.

More information about purchases and off-premises contracts is available on the website https://prawakonsumenta.uokik.gov.pl/. A consumer who cannot withdraw from a contract may ask for assistance from municipal or district consumer ombudsman. Free advice can be obtained by calling 801 440 220, 22 290 89 16 or by e-mail at [SCODE]cG9yYWR5QGRsYWtvbnN1bWVudG93LnBs[ECODE] and in Regional Consumer Centres: 22 299 60 90 (dlakonsumenta.pl).

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
E-mail: [SCODE]Yml1cm9wcmFzb3dlQHVva2lrLmdvdi5wbA==[ECODE]
Twitter: @UOKiKgovPL