Any self-respecting entrepreneur knows that the customer is the most important link in the sales process. In fact, however, the buyer-seller relationship is sometimes asymmetrical. This is because the customer is far less knowledgeable in this situation than the seller. Therefore, serious violations of the customer's rights may occur. Who should be approached in such a situation?
Under the definition of consumer rights are all provisions, contained in various normative acts, which aim to protect the individual in a market economy. The most important ones include:
- right to safety and health protection guaranteeing protection from dangerous goods or services,
- right to reliable information to protect the economic interests of service users against, for example, misleading advertising or false information,
- the right to choose , giving the consumer a choice among competing goods and limiting market monopoly,
- the right to be heard by the consumer , enabling the consumer to speak freely about matters relating to the buying and selling process,
- the right to a positive resolution of justified complaints The Commission will also provide assistance with the filing and handling of complaints and with the enforcement of remedies,
- the right to consumer education to provide seamless access to information about goods or services and the basic rights consumers have when purchasing them,
- the right to live in a healthy environment , which applies to the general public; this law promotes, among other things, environmental education and restricts the right of businesses to pollute the environment in the course of their activities.
Consumer protection institutions
In Poland, many organisations and institutions guard consumer rights. Their task is to protect an individual against gross violation of his/her rights by a service provider. Consumer rights are closely linked to the prohibition of discrimination, as well as the area of human rights or general social values.
Individual consumer rights These include in particular: the prohibition of unfair and aggressive commercial practices, the right to equality of both parties to a contract (and the possibility to enforce its terms on both sides), the prohibition of unauthorised clauses in documents, the disallowance of misinformation, as well as the limitation of spam and telemarketing, or the protection of consumer interests when travelling.
Any individual whose privileges have been flagrantly violated may seek assistance from one of the institutions set up for this purpose.
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Office of Competition and Consumer Protection (UOKiK)
The OCCP is the central authority of the government administration and the most important institution upholding consumer and competition rights. However, this office does not deal with individual consumers. This means that a complaint can only be filed if the collective interests of a larger number of consumers have been violated - such as the presence of an illegal clause in the regulations of one of the online shops or misleading advertising.
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Trade Inspection
The Trade Inspection is a specialised body that reports directly to the President of UOKiK. It was established for the purpose of protecting consumer rights and the economic interests of the state. The main task of the Trade Inspection is to check entrepreneurs as well as services and products in the market circulation for their legality and reliability. The body's tasks also include undertaking mediation aimed at protecting consumers, as well as providing legal advice on these issues.
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District (city) Consumer Ombudsman
Unlike the OCCP, the Ombudsman deals with the affairs of individuals. He or she is responsible for performing tasks related to the protection of consumer rights in the area under his or her jurisdiction (county or city), including providing free advice or legal information, as well as representing and supporting consumers when resolving disputes with a trader.
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Consumer Federation
Unlike the previously mentioned institutions, the Consumer Federation is a consumer organisation, operating on a club basis. It can be approached by anyone in need of free legal advice concerning a violation of consumer rights. The Consumer Federation helps individuals to pursue their claims by intervening with a dishonest trader.
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Association of Polish Consumers
The Association of Polish Consumers operates on a similar basis to the Consumer Federation. The difference, however, is that it does not have a stationary office in the country, so contact with the Association is only possible by email or telephone. SKP is an independent non-governmental organisation, which for the most part provides free legal advice.
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European Consumer Centre
Unlike the other institutions, the European Consumer Centre deals with matters related to the protection of the rights of a consumer who has made a purchase or used a service outside Poland. The institution does not therefore deal with the settlement of disputes between a consumer and a domestic trader. The advice and assistance provided by the ECC is free of charge.
