A company invited people to displays of its products by promising presents for attendance. In fact, there was a fee for possible rewards. For cheating seniors the President of UOKiK imposed an almost PLN 4 m fine.
Exito from Opalenica (Wielkopolska) is a company that sells therapeutic mats, massage devices, kitchen equipment, air purifiers, etc. The offer is directed mainly to seniors. A lot of complaints influenced the Office of Competition and Consumer Protection. They gave rise to the initiation of proceedings against Exito in May 2019.
The company invites people to it’s show luring consumers with a promise of a gift for each person who takes part in it. What’s more, the company’s employees inform people that a prize draw will take place during the presentation. In fact, these gifts do not exist, and the drawn „prize” is really paid – employees present a purchase contract. In addition, the cost of products sold is artificially inflated and pre-promotional prices never existed.
In addition, the company refuses to cancel the purchase, arguing that the products were bought during the promotion or are medical devices. This is unlawful – any person who concludes a presentation contract may withdraw from the purchase within 14 days.
For the infringement of collective consumer interests, the President of UOKiK imposed on Exito an almost PLN 4 million fine (PLN 3 936 270). The company must stop applying the challenged practices due to the immediate enforceability imposed on it. Customers will receive a list with decision information from Exito. The decision is not final.
