• Ban on the sale of medical devices off-premises and on the acceptance of payment before the deadline for withdrawal from an agreement - these are some of the legislative proposals put forth by the President of the UOKiK.
• "We have prepared a draft of regulations that will eliminate a large part of unfair practices that occur during trade shows," Tomasz Chróstny, President of UOKiK, says.
• The draft amendments have been included in the list of legislative works of the Council of Ministers.

Last Tuesday was World Older Persons' Rights Day. Every year the UOKiK receives several hundred complaints about unfair practices during trade shows organised e.g. in hotels, sanatoriums or during trips. We have received reports even when such events were illegal due to restrictions in place due to the pandemic, including a ban on gatherings of more than 5 people. Seniors, a particularly vulnerable group of consumers, are usually invited to the shows and are tempted, for example, by free examinations, lectures on healthy lifestyles, discounts to hotels, and recently also by free pulse oximeters. Telemarketers often don't warn them that the meeting will be of commercial nature. During the shows, for example, pots and pans, bedding, massage equipment, mats, vacuum cleaners, and medical subscriptions are sold - usually at much higher than market prices. Consumer rights are often violated, e.g. to full and reliable information or the right to withdraw from an agreement.

"For years, we have been fighting against businesses that use unfair market practices at shows. We also regularly warn consumers about the pitfalls related to trade shows and educate them about their rights. We see, however, that there is also a need for legal changes that will eliminate a large number of irregularities from the market and protect consumers, especially seniors, against unfair practices," Tomasz Chróstny, President of UOKiK, says.

The draft Act amending the Consumer Rights Act and certain other acts, prepared by the Office, has already been entered on the list of legislative works of the Council of Ministers.

Four important legislative changes

1. Ban on the provision of financial services during shows or trips. Nowadays, consumers are often persuaded or even forced during such meetings to take out loans to buy the presented products or to buy them on installment plan. Consumers are often not even aware that they are entering into such contracts because they sign them among many other documents. Under the proposed rules, a financial services contract concluded during a show or trip would be void by operation of law.

2. Ban on the acceptement payment before the deadline for withdrawal from an off-premises agreement. This will effectively reduce the risk of financial loss on the part of consumers and enable them to make an informed decision to purchase. Often the show organiser does not inform the participants that they can withdraw from the agreement within 14 days, and even if they do - it is difficult for them to get their money back.

3. Right of withdrawal from certain off-premises or remote contracts for the provision of health care. This is mainly about contracts concerning the so-called subscriptions or medical packages that are often sold at trade shows. The value of such packages is sometimes even several thousand PLN, which is a significant expense, especially for the elderly.

4. Ban on the off-premises sales of medical devices. Such products, e.g. rehabilitation mats or magnetotherapy devices, often of dubious quality and at inflated prices, are regularly offered at trade shows. Banning their sale will effectively protect consumers, especially seniors, who are targeted by the trade show organisers.

Other activities of the UOKiK

In 2020, The President of the Office has issued approx. 10 decisions on the practices that violated the collective interests of consumers at the shows. The highest fines were imposed on the companies: Comfort Med+ from Wysogotowo (over PLN 3.52 million), Kiddy Island Polska from Poznań (over PLN 1.66 million) and Swiss-Med. from Stęszew (over PLN 1.65 million). In 2021, Koleta, a company from Nowy Tomyśl, was fined for misleading consumers during trade shows (over PLN 200 thousand). It informed seniors that the main purpose of the meeting would be cardiovascular testing, while the real aim was to present the company's regular offerings and sell its products. It also provided false information to consumers to inspire their confidence that the presentation and discussion of the testing are conducted by "senior diagnosticians," although in fact they were individuals without such qualifications. Details in the decision. The President of the OCCP is currently conducting over a dozen more proceedings related to trade shows, most of which are explanatory.

The UOKiK reminds consumers of their rights at every opportunity. One of them is the right to withdraw from a contract concluded off-premises, so for example at a trade show, within 14 days. All you need to do is send your statement of withdrawal within this period and return the products within the next 14 days. You do not have to provide any explanations, and the company must refund the money. According to a PBS survey commissioned by the Office of Competition and Consumer Protection*, only 54 percent of Poles are aware of this right. Interestingly, knowledge of the right to withdraw is higher among the oldest respondents (60+) than among the youngest (15-29). Knowledge of this right in these age groups is declared by 65 and 37 percent of the respondents, respectively.

PBS survey for the UOKiK was conducted on the "poznaj.to" CAWI online panel between 21 and 28 October 2020 on a representative sample of approx. 1000 Poles aged 15 and over.

Advice for consumers

• Watch out for pitfalls in your invitations. Don't be fooled into thinking it's just a free study or lecture. Remember that gifts are usually not free.
• Don't make quick and hasty decisions. You have the right to accurate information about the products offered. Ask about their properties, compare prices. Don't let anybody tell you that you have to buy an item immediately because you won't have the opportunity later.
• Be careful when when choosing payment by installments. Carefully read the contract and its attachments, including what is written in the "small print." Check if there are any hidden additional costs.
• Demand documents. The salesperson must give you 1 copy of the contract, any attachments to the contract, promotion rules and regulations.
• You can withdraw from the contract. You have 14 days from the receipt of the goods to do so. If the salesperson has not informed you of this, the time limit extends to 12 months. After sending your statement of withdrawal, you must send the product back at your own expense within 14 days.
• You can claim a defective product. You can request a repair or replacement of goods, a reduction of price, and when the defect is significant - a refund. The seller is liable under the warranty for defects occurring within 2 years of the delivery of the goods.

Consumer assistance:

Phone no. 801 440 220 or 22 290 89 16 – consumer hotline
E-mail: [SCODE]cG9yYWR5QGRsYWtvbnN1bWVudG93LnBs[ECODE]
Consumer advocates – 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 60 246
E-mail: [SCODE]Yml1cm9wcmFzb3dlQHVva2lrLmdvdi5wbA==[ECODE]
Twitter: @UOKiKgovPL