• The President of UOKiK brought charges against the publishing house Wiedza i Praktyka (En. Knowledge and Practice).
• They pertain to misleading consumers when offering sample copies of publications and access to websites as well as violating consumer rights when entering into contracts concluded at a distance.
• The company may be fined up to 10% of its turnover per contested practice.

Wiedza i Praktyka publishes and sells books and magazines as well as provides access to specialised websites. Its range includes several dozen different titles. Customers may purchase them from commercial partners or directly from the publishing house – online or by phone. Contact is initiated by both business and consumers alike.

The President of the Consumer Protection Authority brought charges against the company for offering sample copies of publications and trial access to websites as well as violating consumer rights when entering into contracts concluded at a distance.

- The right to accurate information represents a foundation of fair relations between consumers and businesses. The buyer must clearly know the rules of sale, actual cost of the product or service as well as the terms and conditions of the contract prior to its conclusion. It is equally important to transparently specify the nature of contacts made by the seller, so that the consumer is aware that they are dealing with a commercial offer. In other words, the consumer must be aware that they are buying something and know exactly what and for how much - said Tomasz Chróstny, President of UOKiK.

It’s a trial or sample, but is it free?

For promotional purposes, the publishing house offered consumers sample copies of magazines and trial access to websites. It was supposed to be free. However, the manner in which the offer was presented – both during phone conversations and on websites – could mislead consumers.

They could have gotten the impression that placing an order will result only in receiving a free copy or trial access to the magazine or website. In reality, it involved costs. The consumer had to pay for a subscription or website access for a specific period of time. In order to avoid fees, they had to cancel the subscription within the specified time frame. 

Incomplete information during phone conversations

Consumers were also able to order magazines by phone. UOKiK determined that consultants were focused on presenting the advantages of the promotional offer and its “free” nature. Meanwhile, information that taking advantage of that offer involves signing a contract for paid subscription and that the costs can be avoided by cancelling that subscription was provided only at the end of the conversation. Such actions could have been in violation of the obligation to provide clear and full information to consumers prior to the conclusion of the contract.

- If a company contacts the consumer by phone in order to enter into a contract at a distance, the consumer must be informed of that at the beginning of the conversation. The consultant is under an obligation to identify themselves, state the name of the company they represent and clearly communicate that they are calling to present a commercial offer. This also applies in the situation when it is the consumer who requests to be contacted. If the company does not meet these requirements, it is in violation of the law - stated the President of UOKiK.

Issues with withdrawal from the contract

Another charge concerned the right to withdraw from a contract concluded at a distance. The publishing house refused its customers that right, stating that the period during which that right could have been exercised has expired. 

A consumer who entered into a contract at a distance (e.g. online or by phone) has the right to withdraw from that contract within 14 calendar days without the need to state a reason and without incurring any costs. This time limit is counted from the moment when they receive the goods. Meanwhile, in the case concerned, the company was not able to establish the exact date when the consumer received the parcel.

Incorrect designation of the “Order” button

The President of UOKiK also contested the designation of buttons used to place orders on websites. The “Order” button does not meet the statutory requirements, if placing an order entails the obligation to pay. It must be unambiguously designated using a statement such as “Order with the obligation to pay”, for instance.

If the charges are confirmed, the Wiedza i Praktyka publishing house may face a financial penalty in the amount equal up to 10% of its annual turnover. The President of UOKiK may also order it to cease the contested practices and remedy its effects.