Poland - Avans, Deichmann - UOKiK's decisions

The President of UOKiK has issued two decisions concerning online stores. Deichmann-Obuwie reserved that it bore no responsibility for the compliance of the images presented on its website with the actual appearance of the products sold. Avans, in turn, was misleading the customers by restricting their claim-filing rights. A penalty in excess of PLN 288,000 (ca. EUR 72,000) has been imposed on Deichmann-Obuwie, while Avans undertook to change its practices.

The President of UOKiK had doubts concerning the rules and regulations of the Deichmann-Obuwie online store. The store reserved, in the document, that it was not responsible for the compliance of the images presented on the website with the actual appearance of its products. In the Office’s opinion, the consumers have the right to expect that the product they order will correspond to that presented in the picture, and that it will comply with the description given online.  In addition, the entrepreneur stated that products purchased online could be returned only if they are complete, undamaged and bear no visible signs of use. When buying online, consumers have the right to inspect and verify the product after its delivery - within the framework of the so-called ordinary management. The above means that they are allowed to open the packaging in order to try the shoes on or to check if the product supplied conforms to the order. In such a situation the consumers are not deprived of their right to withdraw from the agreement. The penalty imposed upon Deichmann-Obuwie for the violation of consumers’ collective interests equaled PLN 288,771 (ca. EUR 72,000). The decisions is not final Deichmann-Obuwie appealed against in court.

Avans, in turn, reserved, in the rules and regulations of its online store, that consumers filing a claim may demand in the first place only that the product be repaired. According to the law, in such a situation the consumer may choose between replacement of the product with a new one, and its repair. The President of UOKiK decided that Avans was restricting the consumers’ rights. The entrepreneur undertook to change the rules and regulations, thus avoiding any financial penalties.

Read the press release in Polish.