UOKIK charges Amazon

The Office for Competition and Consumer Protection has raised allegations of misleading customers as to the time erstwhile the sale contract was concluded, the availability of products, transportation deadlines and consumer rights. Amazon EU SARL is facing up to 10% of its turnover.

Amazon EU SARL based in Luxembourg is 1 of the traders selling on the Amazon.pl platform. The UOKIK received signals indicating irregularities in the provision of services within the service. As of September 2021, the president conducted the investigation. As a result, the company received allegations of the application of practices that undermine the collective interests of consumers.

According to the findings of the president of the Office, placing an order and receiving its confirmation on Amazon.pl is not tantamount to concluding a sales contract, it is only an offer to acquisition the product from the consumer. The Company considers that it is not obliged to deliver the goods and can decide whether to complete or cancel the transaction. For Amazon, the actual shipment is only binding and this, according to the trader, is the right time to acquisition the goods. This provision is in terms of sale and at the final phase of the acquisition process on the platform. Getting acquainted with it makes it hard to usage a grey font on a white background and put it at the bottom of the page, which may require changing the screen. What truly attracts the attention of consumers is associated with the acquisition and conclusion of a contract, distinguished by the bright colour of the buttons “Buy Now” (on the product page) or “Go to the finalization of the purchase” (after adding to the basket). In the opinion of the president of the Office, specified wording may propose that the acquisition of the product is carried out by ordering the product, and the transaction occurs immediately upon payment for the goods.

President #UOKiK Mr Chróstny initiated proceedings against Amazon EU SARL

The allegations concern:
misleading as to the minute of the conclusion of the sale contract
availability of products
consumer rights https://t.co/MykYMVtCgLpic.twitter.com/ekzGzopokw

— UOKiK (@UOKiKgovPL) February 1, 2023

In addition, as established, the information presented on the website regarding the availability and transportation dates of products offered by Amazon EU SARL may not be true. Consumers by ordering are convinced that they have purchased the product and that the seller is in its possession. However, products marked as available, or for which even a certain number of pieces are given, may in fact not be in stock or their dispatch may not be feasible. Similarly, the dates indicated in transportation messages - on a given day, before a given date, the countdown of “orders within 2 hours 34 minutes” is indicative. Consumers, however, do not have the chance to learn about this at the phase of placing an order without knowing the terms of the sale of the service. Only there was information on the estimated nature of the data provided.

Read also: Polish companies bear the cost of taxing global corporations

Consumers make purchasing decisions under the influence of various factors. In addition to the price, it is crucial for the product to arrive within the expected time limit, and by suggesting the offer of Amazon, consumers may be mistakenly convinced that the store provides this to them. pic.twitter.com/OGHmDdq25y

— UOKiK (@UOKiKgovPL) February 1, 2023

Another issue that consumers may not be decently informed about is the powers they have in relation to the "Supply Guarantee" offer. Amazon uses it for selected products at which the transportation date is presented together with the time erstwhile the consumer should place the order. In the event of a hold in delivery, the company can be contacted and the costs incurred for the transportation can be reimbursed. Information about this service and the conditions to be met shall only be available at the summary phase at the cash registry if the consumer decides to mention to the subsequent transportation details. If he doesn't, he may not come in for a refund and receive it. In addition, the information on the ‘Supply Guarantee’ is not included in the confirmation received by the consumer. In the opinion of the president of the Office, the essential information about the rights should be provided in a clear and unambiguous manner and in due time, i.e. already in product details, so as to let comparison with another acquisition options. Amazon's EU SARL practices may mislead consumers. If the charges are confirmed, the company will be punished for up to 10% of the turnover.

nationalists.net/ukik.gov.pl