Meetings under a false pretext
“Consumers were invited to meetings under a false pretext, misleaded regarding awards and withdrawal from the contract, And their money was not returned, “said the Office of Competition and Consumer Protection. It is about Med Professional and Medical Factory, organizing trade shows throughout the country. The President of the Antimonopoly Office on the first company imposed a penalty of over PLN 744,000, and on the second over 719 thous.
The decision is unlawful, it is entitled to an appeal to the Court of Competition and Consumer Protection.
“Presentation of the gift”
UOKiK noticed that the company invited to the commercial shows organized by it under a wide range of “false pretext”. “Telemarketers calling on behalf of the company unreasonably strengthened their message, referring to the Social Advertising Foundation or the Polish Action Polish Action to Entrepreneurs. They arranged consumers to collect gifts: e.g. a tablet, laptop, TV,” explained the office.
During the show – he added – customers were also misled. They were suggested that they would receive gifts, that they were selected in a lottery or selected for a special prize. In fact, the condition for receiving anything was to be purchased by any of the presented products at a “significantly inflated price”.
“Free eye test”
“Another company operated similarly, managed by the same person – Medical Factory from Wysogotów” – pointed out the antitrust office. Consumers were invited to Free sight tests or a meeting, incl. After collecting the TV, although in fact they were trade shows, and the tests were not performed. In addition, the gifts were also not to correspond to the assurances. For example, instead of a laptop, a toy for children was handed – a tablet with a stylus.
Manipulation techniques
The office noted that “companies used various manipulative techniques”, and the element of surprise and creating “a sense of being chosen” was important. “During the shows at consumers, rush was forced when making purchasing decisions, despite the fact that they did not receive specific and real information what they were agreed and what they actually sign,” UOKiK said.
They had to pay for the prizes they drew
In the complaint cited in the announcement on Med Professional, the client complained that the contract was concluded as a result of the drawing of creams and a special prize, which he drew with his wife. “We allegedly drawn all the articles on the table, but they did not say that I should pay for it” – informed the complainant to UOKiK. The consumer explained that the euphoria associated with winning caused a lack of vigilance and a payment of PLN 50. “Only after I returned home I read from 1 copy of the contract document that I received for it that I would pay about PLN 10,000 in installments, despite the fact that I did not receive a loan agreement” – pointed out the author of the complaint cited by UOKiK.
In the second, at Medical Factory, another consumer explained that he received a message about “drawing” and “winning” the massage mat and three gifts. “I was asked for an ID card and a pensioner ID. I was embarrassed. I was in amok, I never won anything before. You were very nice. I didn’t know what game he was playing” – the client wrote in the complaint.
The companies were misleading
UOKiK indicated that the companies were to be misleading also in terms of the right to withdraw from the concluded contract. “Consumers who wanted to give up the purchase have learned that they could only include an annex that reduces the amount to pay and return only part of the goods” – he explained. Sometimes they did not receive an explanation why the return is not possible, and at other times that they would have to pay for all gifts. The office pointed out that this was aimed at visiting customers from resignation from contracts.
“Consumers who, however, effectively withdrawn from the contract, entrepreneurs did not return the amounts paid” – added the antitrust office. He reminded that in the case of contracts concluded outside the premises of the company, and such a model of activity was conducted by Med Professional and Medical Factory, the right to withdraw from the contract is “the basic right of consumers”.
Companies should return the payment within 14 days
UOKiK notes that the entrepreneur should immediately, but not later than within the next 14 days of receiving the consumer’s statement, return the payments made by him. “What’s more, thanks to the Omnibus Directive, it is forbidden to conclude financial contracts during a show or trip and a ban on accepting payments before the deadline for withdrawing from the contract – with shows, trips and unhealthy visits to the consumer” – said UOKiK.
Order to stop used practices
The President of the Office, apart from the penalty for companies, also ordered them to stop using the challenged practices. After the decision becomes final, entrepreneurs will also have to inform all consumers with whom they concluded sales contracts outside the premises. “Similarly to the return of money, in the event of an effectively complex resignation from the contract,” UOKiK pointed out.
“The President of UOKiK constantly monitors and verifies the activities of companies conducting commercial shows, in the case of dishonest entrepreneurs notifies the prosecutor’s office (this was also the case with Med Professional and Medical Factory) and initiates proceedings” – assured the Antimonopoly Office. (PAP)
