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DIRECT SELLING DAY – CONSUMER RIGHTS
An identity document, proof of business registration and form of withdrawal from the
contract – these documents must be shown to the customer by each sales agent or
salesperson at the time of presentation. Before the Direct Selling Day, UOKiK reminds
consumers of buyers’ rights off the trader’s premises
[Warsaw, 16 October 2013] Tomorrow is the Direct Selling Day. 48 per cent of consumers
have admitted that in this form of purchase they appreciate convenience and reliable
information, as research shows*. 61 per cent of the respondents stated that the greatest
disadvantage of direct sale is the seller’s pressure and fear of aggressive pushing to buy.
Nonetheless, every other respondent was appreciative of a transaction made. Before the
forthcoming Direct Selling Day, UOKiK explains the rules of buying. For more information,
please see the Office Guide (available in Polish only).
Direct selling
Direct selling is the purchase away from a fixed retail location, e.g. at the customer’s
home, in a street or during a presentation held at locations such as hotels, sanatoriums,
restaurants, community centres, firehouses, or during tourist/religious trips. An offpremises contract is then concluded. The customer often takes a decision on the spur of
the moment, is unable to compare the goods with products available in a shop, gives in to
pressure from the seller, and therefore enjoys special protection by law.
Seller
The person who sells products off the trader’s premises, must present the following to the
consumer before entering into a contract: proof of business registration and identity
document. In addition, if the seller concludes contracts on a trader’s behalf, he is
required to present to the consumer a document authorising the conclusion of contracts. If
the seller does not do this or refuse the request, this should arouse the customer’s
suspicion.
The place of purchase does matter
It is worth checking where you actually make the purchase – in or off the trader’s
premises. The determination of this fact is of great importance for the buyer. If
presentation takes place off the trader’s premises, e.g. at your home, in a hired
classroom, in a sanatorium dining room, the buyer gains 10 days to think things over and
the right to withdraw from the contract within the withdrawal (cool-off) period. However,
if you have signed the contract on the trader’s premises, i.e. a place where the trader
carries out activity on a permanent basis, then you have less rights. Complaints filed with
UOKiK show that consumers are often unaware of the different level of legal protection
depending on the place of purchase. The easiest way to check information on the
trader’s actual place of business is to read the contract to be signed, where the particular
must appear on a mandatory basis.
Exceptional right
Every consumer who buys things through direct selling may withdraw from the purchase
within 10 days of the purchase within giving the reason. This option is not available if
you buy on the trader’s premises or in a traditional shop. The form of withdrawal from the
contract can be downloaded from the UOKiK website (available in Polish only). Before
entering into the contract, the seller must inform the consumer about this right and hand
over to him the withdrawal form. In the absence of such information the withdrawal period
is extended to three months. The customer returns the goods at its own cost. Withdrawal
from the purchase contract is also effective with regard to a loan agreement under which
the purchase of a product was financed.
Contract
At the buyer’s request, the seller has to explain the meaning of each provision of the
contract as well as the rights and obligations of each party. The customer must spare
some time to read the contract thoroughly, should note the price of the goods and the
amount of instalments. Before signing, it is reasonable to take the contract home and ask
the local consumer ombudsman to analyse the document or consult the idea with a close
person.
Consumer assistance
If you do not know how to withdraw from a contract, are not able to write a claim or have
difficulty in contacting the seller, you can count on free-of-charge assistance of: consumer
ombudsmen at your place of residence, Federation of Consumers, or Polish Consumers
Association. Advice is also available on the toll-free line 800 007 707. Complaints can also
be filed with Voivodeship Inspectorates of the Trade Inspection Service.
Additional information for the media:
Małgorzata Cieloch, UOKiK Spokesperson
Pl. Powstańców Warszawy 1, 00-950 Warsaw
Tel. (22) 827 28 92, 55 60 314
Fax (22) 826 11 86
E-mail [email protected]
*The survey of the Polish Direct Selling Association was conducted between 13 and 20 June 2012 by
the standardised questionnaire interview method. Sample size N=2600