• Increasing consumer interest in PV installations is accompanied by a growing number of complaints about the industry.
• Most of the problems reported concern making it difficult to withdraw from an off-premises contract and charging consumers in such a situation.
• The President of UOKiK has brought charges against FG Energy and Krajowy Projekt Energetyczny, and there are 10 ongoing preliminary investigations.
• Some actions have already been completed to the benefit of consumers.

Consumers are increasingly interested in photovoltaics and producing energy in-house. According to data from the Polish Power Transmission and Distribution Association (PTPiREE), the number of micro-installations from the beginning of 2019 to the end of 2021 increased by almost 16 times. In 2021 alone, Distribution System Operators associated in PTPiREE have connected nearly 400,000 new micro-installations to their networks. However, this does not proceed without problems - last year the UOKiK received more than 120 complaints connected with photovoltaics.  Most often they concerned charging customers with high costs when withdrawing from a contract concluded off-premises and the lack of a deadline in the contract for its performance or failure to comply with it. Consumers also reported the possibility of misleading information about the final cost of the installation and the use of abusive terms. Intrusive telephone marketing using bots is also a problem.

"Entrepreneurs in the photovoltaic sector - just like in any other sector - must respect consumer rights, including the right to reliable information, the possibility of withdrawing from a contract concluded off-premises or the right to submit a complaint under the warranty. We are concerned about reported inaccuracies, so we carefully monitor the market. We are also currently conducting 10 preliminary investigations against companies in this sector. Two companies have been charged, most of them for making it difficult to withdraw from a contract and for the costs involved. For each practice violating the collective interests of consumers and for each prohibited contractual provision, entrepreneurs are threatened with a penalty of up to 10% of their annual turnover", said Tomasz Chróstny, President of the Office for Competition and Consumer Protection.

Charges against FG Energy and Krajowy Projekt Energetyczny

The President of the Office initiated proceedings for infringement of collective consumer interests against the companies FG Energy with its registered office in Kraków (7 charges) and Krajowy Projekt Energetyczny (KPE) from Toruń (10 charges). The second company is also subject to proceedings for recognition of two clauses as unlawful. Both entrepreneurs sell and install photovoltaic installations. They conclude contracts off-premises. For example, the charges concern such issues as:

• Costs of withdrawal. Cost of withdrawal. According to the law, the consumer can withdraw from an off-premises contract within 14 days of its conclusion. In such a situation, the consumer will not bear any costs, unless s/he expressly requested the provision of services before the end of the withdrawal period, in which case s/he shall pay for the work performed. There are doubts about the contractual provisions of the two companies, which may be misleading regarding the agreement to start work immediately and the costs involved. For example, FG Energy advertised in the "Promotions" section the "Express installation" service that did not really benefit the consumer because the end date remained unchanged, but the consumer agreed to start work immediately and pay for it.
• Making it difficult to withdraw from the contract. We suspect that KPE does not provide consumers with a withdrawal form and makes the effectiveness of the withdrawal dependent on sending a statement by registered letter or submitting it at the company's premises. Moreover, it may not fulfil its obligation to refund consumers the entire amount paid within 14 days of withdrawal. On the other hand, FG Energy indicates that the consumer "will lose his right of withdrawal as soon as installation begins". However, this exception only applies to situations where the subject of the service are items that are inseparably connected to other items after delivery. According to the President of the Office for Competition and Consumer Protection, components of a photovoltaic installation are not inseparably connected to each other or to the ground on which they are installed. 
• Doubts around the "free" audit. Both companies tempted on the Internet with a "free" audit. However, the provisions of the agreements show that in case of withdrawal from them the entrepreneurs required to pay for this service. In KPE, the cost of the audit was PLN 1,200, while in FG Energy, the so-called  first stage of work, of which the audit is a part, cost PLN 2,700.
• Lack of important information. KPE does not provide consumers with written information about the procedure for handling the complaints under the warranty and only informs them about the guarantee which may be less favourable. Also, there is no declaration in the guarantee statement that the guarantee does not exclude rights under the warranty provisions, which is contrary to Art. 577¹ par. 2 of the Civil Code. Customers of KPE also do not receive clear information about the deadline for the entrepreneur to fulfil the contract.
• Unauthorised reference to government institutions. According to the scripts for sales representatives, FG Energy refers to cooperation with the Ministry of Climate and Environment when talking to its customers, although - according to the findings of the UOKiK so far - such cooperation does not exist.

Preliminary investigations

The president of UOKiK is also looking at the activities of 10 other photovoltaic companies - for now as part of preliminary investigations. These are: 3S Group OZE, Centrum Energii Odnawialnej INTI, Edison Energia, Energa Obrót, Euro CallCenter, Modern Energy Pro, PGEOZE PV, Sunday Polska, Woltanic and Woltex Development. Their offers, practices and contract templates are analysed for possible allegations of infringement of collective consumer interests or use of unlawful clauses. For example, issues such as failure to respect the right to withdraw from a contract, charging consumers in such cases, failing to indicate in the contract the deadline for the performance of the service or reserving the right to change it at will, limiting warranty rights, suggesting connections with government programmes, making marketing calls without the prior consent of consumers, may raise doubts. Additionally, in the case of the photovoltaic telemarketing company Euro CallCenter, the President of UOKiK notified the Prosecutor's Office and the President of the Personal Data Protection Office that there may be unacceptable processing of consumers' personal data.

One of the first such preliminary investigations has already been completed - without charges being brought and to the benefit of consumers. It concerned Columbus Energy from Kraków. Consumers complained that it made it difficult to withdraw from a contract concluded in their home by charging them high audit costs. In the course of the proceedings the company cooperated with the President of UOKiK to remove the irregularities and negative effects of its actions. As a result, the company modified the contract template and decided not to charge the disputed fees. The consumer benefit also included the return of fees charged to consumers who had withdrawn from the contract in the past.

Last year, several so-called soft appeals to entrepreneurs were also successful. After the intervention of the President of UOKiK they changed the questioned practices or resigned from unfavourable contractual provisions.

Consumers, remember your rights

• Telemarketing. Some photovoltaic entrepreneurs are looking for new customers by presenting their offer over the phone. Remember that by law the company must have your prior consent to such calls, it cannot be given at the start of the call. Ask the telemarketer what company s/he represent and where s/he got your number from. For your own safety, do not provide your personal data to unknown people. In case of attempts of fraud or suspicion that someone has illegally obtained the data, submit a complaint to the Personal Data Protection Office. You can also block the number from which a telemarketer has called on your phone so that this does not happen again in the future.
• Verify the offers. Do not believe uncritically in an offer made on the phone or on a website. Before you decide to accept it, check out the company - pay attention, among other things, to the possibility of contact and the opinions about this entrepreneur on the Internet. Compare what they are offering to their competitors. Be particularly cautious if the company claims to have government or local authority programmes or to work with recognised institutions - check that this is true at the source. Verify that such programmes actually exist.  Pay attention to the domain name, e.g. if it is not .qov.pl or -gov.pl instead of .gov.pl, as well as the connection's security certificates.
• Demand reliable, accurate information. Before you sign the contract, ask about the total price of the service and the deadline for its performance. Check that this is clearly written in the contract. Pay attention to whether the entrepreneur reserves the right to postpone the date, e.g. in the event of bad weather. Find out what are the penalties for delay in completing the work.
• Read the contract and its annexes carefully. If you do not understand something, ask the company for clarification. If you are in any doubt, consult the contract with, for example, a consumer ombudsman.
• You can withdraw from an off-premises contract. You have 14 days to do this, you do not have to give a reason. The entrepreneur shall refund you all the money you paid. However, be careful - if you have requested to start work immediately and it was your voluntary and clear decision, you will have to pay for what has been done up to the moment of withdrawal. Entrepreneurs use various tricks to force such consent or sneak it into a contract - so read what you sign carefully. If you have not expressly requested an early beginning of the work, you should not incur any fees, even if the entrepreneur has performed an audit, and you have cooperated with him/her in this by providing information or sending documents.
• You have the right to a warranty. If the installation is faulty or does not meet the declared expectations, you can make a complaint. You can enforce this primarily by way of a warranty for defects. Warranty liability lasts for 2 years and is claimed against the seller. The warranty also includes installation. If a defect is found, you can demand repair, replacement or price reduction, and if the defect is significant - withdraw from the contract and refund your money. If the seller also provides an additional guarantee, it may not in any way restrict your right to the warranty or claim that the guarantee excludes it.

Read also the "Household prosumer guide" prepared by PTPiREE in cooperation with the Energy Regulatory Office. 

Consumer support:

Tel. 801 440 220 or 22 290 89 16 – consumer hotline
E-mail: [SCODE]cG9yYWR5QGRsYWtvbnN1bWVudG93LnBs[ECODE]
Consumer Ombudsmen – in your town or district
The Energy Regulatory Office - tel. 22 244 26 36, e-mail: [SCODE]ZHJyQHVyZS5nb3YucGw=[ECODE]

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