• Have you dreamed of an eco-revolution at home? Instead, there was a contract like a legal maze?
• The President of UOKiK has issued decisions against two companies in the RES sector. He ordered changes to the prohibited provisions and imposed financial penalties - a total of nearly PLN 3 million.
• The challenged clauses allowed, among other things, the exclusion of the entrepreneur’s liability for installation errors, unilateral changes to material terms of the contract, or the imposition of high penalties on consumers.

UOKiK received complaints against the companies Polska Energia Capital Group and Am Eco Energy, which offer consumers services related to the installation and sale of photovoltaic, heat pump and other heating systems. The President of the Office verified the practices of the entrepreneurs and issued two decisions showing that the companies used abusive clauses in their contract templates.

- The renewable energy market is growing rapidly and is an opportunity for many consumers to reduce their electricity or heating bills. Unfortunately, some entrepreneurs are taking advantage of the growing demand by trying to impose unfavourable terms on customers in contracts. That is why it is so important to protect consumers and ensure fair rules of cooperation - says President of UOKiK Tomasz Chróstny.

Prohibited clauses

The companies used vague provisions that allowed them to arbitrarily shape key terms of the contract. Among them were clauses excluding their liability for damage to the roof or walls during installation, despite the fact that - as professional installers - contractors should bear the consequences of mistakes. The purchase of the installation may have required consumers to pay for repairs. The President of UOKiK has also questioned clauses that allow unwarranted postponement of installation dates or changing devices to other models, often without proper justification or agreement with the consumer. Many of these conditions made it difficult for customers to cancel the contract, even in the event of significant delays in installation or significant changes to the original arrangements. UOKiK’s attention was also drawn to the harsh contractual penalties that applied to consumers. The companies imposed them, for example, for “obstructing installation” - without specifying what this might consist of. At the same time, the companies did not provide for comparable sanctions in the event of delays or defects for which they themselves were responsible. Some contracts also included clauses that could discourage consumers from pursuing their claims and making complaints. The companies noted in them that the customer will bear the cost of such action if the entrepreneur deems the complaint “unfounded”. At the same time, these provisions do not define in what situation this could happen.

Sanctions for unlawful provisions

The President of UOKiK declared the provisions of the template contracts used by both companies as prohibited and banned their use. At the same time, financial penalties in excess of PLN 2.8 million were imposed on Polska Energia Capital Group, while financial penalties of more than PLN 54,000 were imposed on Am Eco Energy. The decision also includes a so-called “information obligation”, requiring entrepreneurs to inform customers of the details of prohibited provisions to ensure full transparency and facilitate redress.
Decisions of the President of UOKiK towards Polska Energia Capital Group and Am Eco Energy are not legally binding. The entrepreneurs appealed to the Court of Competition and Consumer Protection.

Tips for consumers

Tailor the RES installation to your needs and financial possibilities

• An improperly sized heat pump installed in a poorly insulated building may fail to heat rooms or be very expensive to operate
• Remember that the heat pump uses electricity to heat the house in winter, when the photovoltaic system generates the least amount of electricity

Compare offers of different suppliers

• Unfair sellers can significantly overcharge market prices

Remember the principle of limited trust when dealing with visiting sales representatives

• Flyers imitating official notices? Assurance of cooperation with state administration bodies? Always check the reliability of information
• Calculations of potential financial benefits presented by sales representatives may not correspond to reality
• Your email may be used to enter into a loan agreement - never agree to a sales representative creating an electronic mail (email) account for you; do not allow the representative to handle your email or your phone
• Handing over the one-time codes that you can receive via text message when you meet with a representative can result in you taking out a loan of a significant amount
• If the sales representative pressures you to conclude a contract at the first meeting - it is safer to end the meeting without any signatures

Before signing the contract, check that the contract or the offer that is part of it includes:

• brand, model and power of all installation components offered
• scope of necessary installation work
• date of performance
• total price
• terms and conditions of the guarantee
• right to withdraw from the contract when it is concluded off-premises (or at a distance - by telephone, Internet)

Always make sure you get your copy of the contract

If you signed a contract off-premises (e.g., at home) - you have the right, within 14 days from the conclusion of the contract, to withdraw from it without cost, and if the contract is for the sale of things (installation components) - the withdrawal period is calculated from the date of delivery of the last component

• The representative’s visit was not by appointment? You may cancel the contract within 30 days

Don’t rush into a decision and pay attention to what you sign. Some provisions in contracts may limit your rights

• Requesting the start of the service performance before the end of the withdrawal period may exclude the possibility of withdrawal without cost even if the contract was concluded off-premises

Before concluding a contract for the sale and assembly of RES installations:

• You should receive the necessary technical documentation characterising the performance of the equipment offered, such as its energy efficiency
• Require the seller to provide in writing the results of a pre-assembly audit along with a reliable analysis of the efficiency of the proposed installation’s operation after it is installed (e.g. the average annual projected electricity generated by a photovoltaic or wind installation, the average annual electricity consumption of a heat pump, etc.)

Do you have any doubts about the fairness of the provisions of the proposed contract or problems with its implementation?

• You may get free help from the Consumer Ombudsman in your town or district