• A consumer workshop on alternative dispute resolution and a quiz will start on Monday afternoon. For more information go to: www.biedronka.pl.
• The first 35 000 people who complete the quiz will receive a PLN 10 worth of discount voucher.
• The above actions are the result of the UOKiK’s decision in connection with Biedronka improper procedures for accepting and considering complaints.

The President of the Office of Competition and Consumer Protection issued a decision in which he questioned the way Biedronka considered complaints. One of the charges related to not informing consumers that should product flaw be found and reported under the warranty, in addition to its repair, replacement or cash return, customers are entitled to reduced price.

Furthermore, the enterprise did not allow consumers to file a complaint about some products in writing. They had to do it using the company’s electronic protocol. An additional difficulty was that the only person authorized to fill in such a form was the store manager or his/her deputy.

Consumers expect that their complaint will be accepted immediately, which will be confirmed by a store employee, for example on a complaint copy. Meanwhile, they have to wait for a manager to fill in an electronic form. In such a situation, if there is no time, some clients may give up pursuing their rights, says the president of UOKiK, Marek Niechciał.

Apparently, Biedronka employees did not confirm in writing the acceptance of verbal complaints and failed to inform how complaints were going to be considered. There was one exception, namely a declaration on withdrawal from the contract due to major product flaw.

As for complaints about non-food items offered for sale occasionally, the enterprise might have prevented consumers from citing the complaint basis (warranty or guarantee) and the related rights (e.g. replacement or repair of defective product). As a result, the company could unilaterally decide on what terms the complaint would be considered and thus to what rights the consumers are entitled.

The President of UOKiK also stated that Biedronka might have failed to adequately inform its consumers about deadlines for filing complaints, forms they should be filed, the required content and the rights that consumers are entitled to under the warranty for defects.

For violating consumers’ collective interests, the President of UOKiK may impose a fine of up to 10% of the company’s annual turnover or end the proceedings by way of conciliation by requesting the enterprise to cease the practice and remedy the effects (e.g. in the form of compensation to consumers). In this case, the enterprise avoided a fine because it was willing to cooperate with the office.

Workshops for consumers

UOKiK obliged Biedronka to conduct an educational campaign for consumers. In order to participate, since Monday afternoon, 8 April, customers are welcome to visit the store website (www.biedronka.pl) and find a link to the workshop page. The workshop is on alternative dispute resolution. Consumers will learn what alternative resolution of consumer disputes is and who can use it, how and to whom file an application and what the procedure looks like. At the end, there will be a quiz to enter and check what they have learned. The first 35 000 people who will complete it, regardless of the result, will receive PLN 10 worth of discount voucher to use in Biedronka stores. Vouchers take the form of e-codes and are sent to e-mail address or phone number provided by the quiz participant. They will be valid for 3 months from the date when the enterprise launched the workshop. The code can be used once and if the voucher sum is not fully used, you cannot get the change instead.

Changes in the complaint procedure

UOKiK obliged Biedronka to accept the principles of out-of-court settlement of disputes with consumers regarding complaints. It means in practice that if the complaint proceedings outcome is not satisfactory to consumers, they have a chance to settle their dispute out of court by filing an application to the Trade Inspection, and the enterprise agrees to this procedure. Moreover, the enterprise is required to change the complaint procedure, provide consumers with a complaint form so that they can fill it in on their own and specify in the regulations the deadline, place, form, the required content and the time needed to consider a complaint. It must also train employees in accepting and considering customer complaints.

Furthermore, Jeronimo Martins Polska (the owner of Biedronka chain) should inform in stores about the workshop and publish the UOKiK’s decision on its website.

Consumer service:

Phone: 801 440 220 or 22 290 89 16 – consumer helpline
E-mail: porady@dlakonsumentow.pl
Consumer's spokesman – in your town or district

Additional information for the media:

UOKiK Press Office
Pl. Powstańców Warszawy 1, 00-950 Warszawa, Poland
Phone +48 695 902 088, +48 22 55 60 314
E-mail: biuroprasowe@uokik.gov.pl
Twitter: @UOKiKgovPL