Poland - UOKiK's campaign on e-shopping
UOKiK is reviewing 58 cases concerning online sales. How not to be cheated on the Internet? The Office has launched a campaign explaining the rules of such transactions. All the information for consumers and undertakings is available online at www.ezakupy.uokik.gov.pl
Online shopping is ruled by its own rights. According to the Office's most recent research*, consumers are not sufficiently aware of those rights. Few Internet users know that their rights depend on whether they buy from a consumer or entrepreneur, in an auction or a bid. For example: 55% of respondents wrongly said that they can withdraw from a contract concluded online with another consumer. 82% of the respondents admit that they read the terms and conditions and information on the seller's website before submitting an order.
UOKiK’s campaign
Explanation of the most common problems associated with online shopping is available at a special Office’s website www.ezakupy.uokik.gov.pl. The new site contains numerous examples of prohibited clauses, samples of useful letters and instructions where and how to find help in the case of a transaction with a dishonest e-entrepreneur.
Reservations of UOKiK
Currently, the President of the Office is reviewing 58 cases concerning online sales. She has already issued 29 decisions this year. UOKiK's experience suggests that in most cases, online sellers do not respect the right to return purchases within 10 days and require the returned purchases to be unpacked, and do not refund the costs of delivery of purchases in the case of withdrawal from a contract. Other reservations concern lack of various kinds of information on online shop websites. For example: the consumer is not advised of the fact that he is entitled to withdraw from a contract, the undertaking does not reveal his particulars and does not provide access to the rules and regulations. The consumer should be cautious of missing information.
Group buying
Group buying poses many problems for consumers. Currently, the Office is conducting 4 proceedings concerning websites that offer such services. The complaints that the Office receives mostly regard problems with timely performance of a coupon. In practice, it is difficult to arrange a date for a driving license course or beauty treatment that would suit both parties. In the case of group buying, two contracts are concluded: with the website that delivers a coupon and the seller who performs the coupon, e.g. by sending a product. Such division is important in the case of making a complaint or withdrawing from a contract. The offer is uploaded on the website that mediates the transaction. If a contract is concluded, i.e. if there are enough persons willing to participate, the consumer receives from the website a coupon for a product or service. However, it is not the website but the seller who is responsible for their quality. The seller also determines the deadline to perform the coupon. To receive a coupon, it is not enough for a consumer to be interested in the seller's offer and submit an order, as the transaction will only be concluded if a determined minimum number of persons join in. More information on the principles of group buying is available in the guidebook issued by UOKiK.
22 partners have joined the campaign reminding of the rights of online buyers: Allegro.pl, Ceneo.pl, Ceneria.pl, Comperia.pl, e-Commerce Polska - Izba Gospodarki Elektronicznej (Chamber of Digital Economy), Europejskie Centrum Konsumenckie (European Consumer Centre), Frupi.pl, GoDealla.pl, Groupon.pl, Związek Pracodawców Branży Internetowej IAB Polska (Union of the Internet Sector Employers), Mensis.pl, Nokaut.pl, Notanio.pl, Okazje.eholiday.pl, price engine Okazje.info.pl, Opineo.pl, Skapiec.pl, Sklepy24.pl, SmartBay.pl, Stowarzyszenie Konsumentów Polskich (Association of Polish Consumers), Trusted Shops, Szafa.pl.
This is the first information campaign of this kind arranged by the Office. It is an online campaign.
*The study was conducted by EU-Consult in Gdansk and the IPC Research Institute in Wroclaw in October 2012 using the focused group interview method (FGI) and computer-aided telephone interviewing (CATI). Responder group: 700 responders aged 18+ who use the Internet at least once a month and have purchased a product or service online in the last 6 months.
Read the press release in Polish.