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Office of Competition and Consumer Protection

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Sales - the same rights

< previous | next > 26.07.2021

Sales - the same rights
  • Sales season continues with discounts that may soon reach up to -80 percent. On a holiday shopping spree, it's easy to lose your head and make the wrong choice.
  • What to do with a hat that is too small, a shoe with heel fallen off, or perfume from abroad that has not arrived? Our experts answer in the series "Sales - the same rights".

Summer Black Friday, Ausverkauf, Soldes jusqu'à 50 percent, or simply summer sale - holiday promotions for goods and services - not only in Poland, but also abroad - are hidden under these names. Discounts started as early as the beginning of June, but the most persistent ones are hunting for the biggest sales. The Office, together with the European Consumer Centre, reminds those patient, but not always aware of their rights, promotion hunters of their most important rights.

"The most common irregularities encountered by the Office of Competition and Consumer Protection in the context of seasonal sales include cancellation of orders, misleading information about the conditions of sales, and creating the appearance of attractive promotions while the price is the same or even higher than during regular shopping. The upcoming legal changes implementing the so-called omnibus directive are meant to eliminate situations in which sellers artificially inflate the prices of goods or services just before applying discounts in order to encourage us to take advantage of a supposedly high discount," explains Tomasz Chróstny, President of the Office of Competition and Consumer Protection.

According to the draft, sellers will be required to report the price before the reduction. This will apply to both products and services.

"The solution that was included in the draft act assumes that the seller is obliged to inform consumers about the lowest price of a given product from the last 30 days. The mechanism of artificially raising prices one or two weeks before the sale in order to later boast about price reductions will then be eliminated and the consumer will know the real scale of the reduction," explains the President of the Office of Competition and Consumer Protection.

If an entrepreneur falsely informs about prices, the Trade Inspectorate may impose sanctions of up to PLN 20 thousand and in the case of repeated irregularities up to PLN 40 thousand. If, on the other hand, the phenomenon is widespread and the collective interests of consumers are infringed, then the president of the Office of Competition and Consumer Protection may impose a sanction of up to 10 percent of of the annual turnover of the company. 

"We uphold consumer rights and remind about the basics of informed and rewarding shopping during special price bargains. "Sales - the same rights" is a campaign that we direct to both consumers and sellers," says President of the Office of Competition and Consumer Protection , Tomasz Chróstny.

When buying on sale in other EU countries, consumers have the same rights as in Poland. In some EU countries, it is the law that determines the maximum duration of the sale, e.g. in France or Luxembourg it is one month during each summer and winter season, and in Portugal 4 months a year. During the sales period, ECC Poland receives consumer reports regarding problems with the replacement of faulty products, especially when they have been bought at a bargain price. Sellers would rather refund money than provide a new item that is already available at the regular price.

TIPS

1. We often come across information like "discounted clothes are not claimable". Sellers who use this type of wording are breaking the law.

2. Remember that the item purchased on sale can be claimed, but its return depends only on the goodwill of the seller.

3. Complaints should be filed with the seller - preferably in writing. When the product is covered by warranty, then we can make a complaint to the warrantor (usually it is the manufacturer or distributor of the goods). The right to choose between the two options is ours.

4. Remember that if the reason for the price reduction is a defect in the goods, which we knew about at the time of purchase, we cannot claim it. All the other defects are claimable.

5. Before you decide to take advantage of a promotional offer, check whether it is really the best deal for you. It may turn out that the same item costs less at another store.

In case of trouble, we should react - contact appropriate institutions. Free legal assistance can be obtained in the following places:

  • Consumer Helpline - for simple matters without analysis of documents, phone numbers: 801 440 220 and 22 290 89 16.
  • Consumer E-Advice Center - for simple matters and those requiring document analysis, email address:[SCODE]cG9yYWR5QGRsYWtvbnN1bWVudG93LnBs[ECODE].
  • European Consumer Centre - for cross-border cases involving sellers in the European Union, the United Kingdom, Norway and Iceland. Website: konsument.gov.pl.
  • Consumer right advisor in your city or poviat - for simple matters and those requiring document analysis. You can find contacts at:www.uokik.gov.pl/pomoc.
  • Regional Inspectorate of Trade Inspectorate - for simple matters and those requiring analysis of documents. You can find contacts at www.uokik.gov.pl/wiih.

For more information, visit www.prawakonsumenta.uokik.gov.pl.

Consumer assistance:

Phone no. 801 440 220 or 22 290 89 16 – consumer helpline
E-mail: [SCODE]cG9yYWR5QGRsYWtvbnN1bWVudG93LnBs[ECODE]
Consumer right advisers – in your town or district

Consumer assistance for cross-border disputes:
phone no. 22 55 60 600
 Consumer inquiries: [SCODE]RUNDTkVULVBMQGVjLmV1cm9wYS5ldQ==[ECODE]
 E-mail: [SCODE]aW5mb0Brb25zdW1lbnQuZ292LnBs[ECODE]
 European Consumer Centre - www.konsument.gov.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

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See also:
ICPENICNPolish Aid