Orzecznictwo

  • Dane sprawy
    • Identyfikator krajowy: VI ACa 30/2010
    • Państwo członkowskie: Polska
    • Nazwa zwyczajowa:N/A
    • Rodzaj decyzji: Inne
    • Data decyzji: 28/12/2010
    • Sąd: Prezes Urzędu Ochrony Konkurencji i Konsumentów
    • Temat:
    • Powód/powódka: N/A
    • Pozwany/Pozwana: AQUA SERVICE POLAND Artur Hryniuk
    • Słowa kluczowe: doorstep selling, off-premises contract, right of withdrawal
  • Artykuły dyrektywy
    Doorstep Selling Directive, Article 1, 1. Doorstep Selling Directive, Article 5, 1.
  • Uwaga główna
    Provisions on consumer’s right to withdraw from the off-premises contract apply respectively to contracts concluded by way of collecting consumer’s offer during trader’s visit at consumer’s home.
  • Fakty
    The Defendant visited consumers at their premises and presented its services. Following the presentation, an interested consumer signed a document called “Application for the conclusion of contract” which was then accepted by the Defendant as an offer, following which a contract was concluded without executing other documents. Arguing that the contract was concluded within the business premises of the Defendant, the Defendant refused to respect consumer’s right to withdraw from the agreement within the statutory period of 10 days, as prescribed by the Act of 2 March 2000 on Protection of Certain Consumer Rights and on Liability for Damage Caused by a Dangerous Product (which implemented respective provisions of Directive 85/577/EEC). The President of the Office of Competition and Consumer Protection initiated proceedings for the infringement of collective consumer interests.
  • Zagadnienie prawne
    Can a consumer exercise his right to withdraw from the off-premises contract within 10 days with regard to a contract being concluded by way of collecting consumer’s offer during trader’s visit at consumer’s home?
  • Decyzja

    The President of the Office of Competition and Consumer Protection agreed with the Defendant’s reasoning that the contract concluded by way of collecting consumer’s offer during trader’s visit at consumer’s home is in fact concluded at the trader’s business premises. However, according to art. 1 sec. 3 of the Act of 2 March 2000 on Protection of Certain Consumer Rights and on Liability for Damage Caused by a Dangerous Product the provisions on consumer protection apply respectively to contracts concluded as a result of off-premises collection of consumer offers during visits by a trader or a person acting on his behalf to the consumer's place of work, home, or another private place.
    Therefore, the practice was rendered unlawful and consequently declared as infringing collective consumer interests.

    URL: http://decyzje.uokik.gov.pl/bp/dec_prez.nsf/43104c28a7a1be23c1257eac006d8dd4/e9165469443fd6bcc1257ec6007b9111/$FILE/RGD%2030_2010_z%20dn.28.12.2010_w%20spr.%20naruszenia%20zik%20przez%20Artura%20Hryniuk%20AQUA%20SERVICE.pdf

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  • Powiązane sprawy

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  • Literatura prawnicza

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  • Wynik
    The President of Office of Competition and Consumer Protection declared the practice as infringing collective consumers interests.