The new consumer law is not working yet. The OCCP gives you time to companies – Virtual Poland

Still consumer rights are violated, because the companies do not comply with the new law. The first year of operation of the Consumer Sales Act, however, is a test. Office of Competition and Consumer Protection announced that checks and penalties begin until next year.

The amendment of the Law on Consumer Rights came into force on 25 December 2014. The rules significantly expanded the disclosure requirements of entrepreneurs, especially leading online shops or sale outside the premises of the company, but also those engaged in traditional shops.

The issue at stake here is primarily that the consumer was aware of any expenses and obligations that come with signing a contract and buying the item. Vendors have also very clearly inform buyers of the rights available to them when it comes to withdrawing from the contract if a claim of defective goods. Customers also gained new powers.

By Dorothy Karczewska, wiceprezeski OCCP, not all companies to realize the new responsibilities and the extension of consumer rights.

– especially small and micro entrepreneurs have little trouble adapting to the new regulations, for example. did not notice that they must ensure that 14 and not as before – only 10 days – to withdraw from the agreement concluded at a distance, for example via the Internet – Karczewska said.

She informed also, that in turn part of large companies reporting problems with the interpretation of the new law.

– This especially valuation issues of things in the case of cancellation by the consumer if that used this stuff and exceeded the framework provided by the law. The question posed himself an entrepreneur, what amount should be paid to the consumer – if diminish the price of the original product. The model, who take the entrepreneur, often comes down to the fact that they will try to assess the value of this thing, eg. By exposing it to the auction as a thing used. The matter is not resolved, discussions are ongoing. It will be important here was judicial interpretation of the rules – said Vice President of the OCCP.

Last year’s amendment introduced the principle that the consumer is responsible for the reduction in the value of things as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning stuff. An entrepreneur in such case may reduce product return rates insofar as decreased value of the object.

– Also we note that companies engaged in telemarketing do not receive pre-approvals customers contact us. And that requires our belief that legislation. Telemarketers without the prior consent of the consumer, call and invite to the demonstrations, during which various products are sold. We believe that this infringement. We proceedings in this sprawie- added Dorota Karczewska.

UOKiK initiated eg. The investigation, which will check the company’s operations Philipiak Poland, offering cooking utensils. According to the Office, consumers receive from the company’s telephone invitations to screenings cooking utensils, but have not agreed on a call for marketing purposes.

And every entrepreneur in contact with the consumer for the purposes of sales take your marketing efforts must therefore be ready to prove that it has obtained the prior written permission, otherwise it runs the risk of liability for damages and administration.

One of the main objectives of the amendment was just putting restrictions on telemarketers. The customer must agree to submit to him an offer by telephone. Also, you can not enter into contracts only by phone. If an entrepreneur during a call proposes to conclude the agreement, must confirm its contents on paper or on another durable medium, eg. By e-mail. It was only after the submission by the customer statements – on paper or on another durable medium – the agreement will be successfully concluded.