- President of the Office of Competition and Consumer Protection, Tomasz Chróstny, has initiated proceedings against Amazon.
- The charges concern misleading as to the time of concluding a sales agreement, products availability, deadlines for deliveries and consumer’s entitlements.
- The Company is at risk of a fine of up to 10% of its turnover.
Amazon EU SARL with its registered office in Luxembourg is one of the entrepreneurs trading at the Amazon.pl platform. The Office of Competition and Consumer Protection has received complaints showing irregularities in the service rendition at the website. Since September 2021, the President of UOKiK had been conducting the preliminary proceedings, now the company has been pressed with charges on practices that violate collective consumer interests.
The moment of concluding a sales agreement
Following the findings of the President of the Office, placing an order and receiving its confirmation at Amazon.pl is not tantamount to the conclusion of a sales agreement, it is only an offer for purchasing a product on the part of a consumer. The company is of the opinion that it is not obliged to deliver the goods and it may decide to perform or cancel a transaction or not. For Amazon, the very information on an actual dispatch is binding and the entrepreneur is of the opinion that this constitutes the proper moment of purchasing the goods. Such a provision was included in the sales terms and conditions as well as at the last stage of the purchase process on the platform. Reading it is obstructed by grey font against white background and placing it at the very bottom section of the page, which may require scrolling the screen view. What really attracts consumers’ attention is the dazzling-colour “Buy now” (at the product website) or “Proceed to finalise the purchase” (after adding to cart) buttons bringing to mind the act of purchase and concluding the agreement. The President of the Office is of the opinion that such wording may suggest that a product is purchased when ordered and the transactions is finalised as soon as the goods have been paid for.
Products availability and delivery deadlines
Moreover, as it has been found, the information presented on the website on the availability and delivery deadlines for goods offered by Amazon EU SARL may be false. While placing an order, consumers are convinced that they have purchased a product and that the seller is in possession of it. Meanwhile, the products labelled as available or the ones for which a specific number of items was given may in reality be unavailable in a warehouse or their dispatch may be impossible. Similarly, the deadlines shown in delivery messages – on a specific date, before a specific date, counting “order within 2 hours and 34 minutes” – are of approximate nature. However, consumers are not able to find out that at the stage of placing their order if they have not read the sales terms and conditions of the website. This is the only place where the information on approximate nature of the data provided has been included.
– Consumers take their shopping decisions under the influence of various factors. On top of the price, it is important that the product is delivered until the expected deadline, and if you are suggested by the Amazon offer, you may be convinced that the store will guarantee this to them. They have the right to rely on the declarations given on the website and assume that the available functions are not misleading. If consumers knew that placing an order was not an act of purchase and the availability of products and the declared delivery time are only approximate values, they might not use the services of this entrepreneur – says Tomasz Chróstny, President of UOKiK.
“Guarantee for delivery”
Another issue which may be improperly communicated to consumers is their entitlement related to the “Guarantee for delivery” offer. Amazon uses it for selected products where the delivery deadline is presented along with the information in what time the consumer should place their order. In the event of a delayed delivery, you may apply to the company and be reimbursed for the delivery costs. The information about this service and terms and conditions which must be satisfied is available only at the stage of summary at the cash desk provided that the consumer has decided to read the subsequent references related to the delivery details. If they fail to do so, they may not apply for reimbursement and not receive the monies. What is more, the information concerning the “Guarantee for delivery” is not included in the confirmations received by the consumer. The President of the Office is of the opinion that the necessary information concerning your rights should be communicated clearly and unambiguously and within the appropriate timeframe, that is, as early as at the stage of product details, so as to make it possible to compare the product with other purchase options.
The practices used by Amazon EU SARL may be misleading for consumers. If confirmed, the company may be fined up to 10% of revenue.
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