Prawne pułapki Black Friday i Cyber Monday

During Black Friday and Cyber Monday, businesses outdo each other with promotions on services and products. However, not every offer is as favourable as it seems at first glance. What should you look for when browsing the offers?

Lowest price for a product or service within 30 days

From 2023, under the Omnibus Directive, retailers are obliged to inform customers of the lowest price of a good or service in the last 30 days before the promotion, or since it was introduced for sale if it was less than 30 days before. The price of the last 30 days should be displayed in a prominent place next to the price quoted as promotional. The introduction of the directive was intended to put an end to the practice of misleading buyers about the use of promotional prices. This practice consisted of sellers increasing the price of a good or service shortly before a promotion was due to start, only to then seemingly reduce it to the regular (starting) price.
The regulations impose sanctions on entrepreneurs failing to comply with the information obligation of up to PLN 20,000. If the obligation is breached three times within 12 months, the penalty may be increased to PLN 40,000.
When reviewing offers, it is therefore worth paying attention to the lowest price declared by the seller over the last 30 days.
Notwithstanding the above, it is worthwhile simply comparing offers on search engines or on the website of the manufacturer or official supplier of the goods.

Tricky promotional terms

It is advisable to carefully verify the terms and conditions of the promotion before concluding a contract. A 70% promotion may be valid only for certain products or under certain conditions, e.g. when buying certain products or a certain number of products. A 50% promotion may include a discount on only the second or subsequent cheaper product.
The trader is in principle free to determine the terms of the promotion, as long as the slogans or information are not misleading.

Designation and details of the seller

In the case of sole traders, they are required to include the following information on their website:

• the name, surname, domicile and address of the trader or the name or business name of the trader and its registered office and address;
• electronic addresses allowing direct contact with the trader;
• information on the relevant authorisation and licensing authority – if the activity is related to obtaining the relevant authorisation;
• information on the self-government and professional title, number in the public register and the authority keeping the register, as well as information on the rules of professional ethics applicable to the trader – in the case of traders associated in professional self-governments (e.g. doctors, legal advisers or tax advisers);
• information about the specific risks associated with the use of an electronically provided service (the mere provision of content on a website may already constitute such a service);
• § information about the software used by the trader to provide the electronic service (e.g. information about cookies).

On the other hand, the company’s website and letters (orders) in both paper and electronic form should contain the information prescribed by law. The legislator imposes an obligation for a joint-stock company or a limited joint-stock partnership to maintain a website. The website address of these companies should be notified to the KRS.
With regard to limited liability companies, joint-stock companies, limited joint-stock partnerships and simple joint-stock companies, the following information should appear on the website and letters from the company (including orders) (Article 374 of the Companies Act and Article 127 § 5 of the Companies Act, as well as 5 § 5 of the Companies Act):

• the company (i.e. the name of the company),
• registered office and address of the company,
• KRS number,
• indication of the competent court of registration,
• NIP number,
• the amount of the share capital and, for a company whose contract was concluded using a model contract until the share capital is covered, also the information that the required contributions to the share capital have not been made (limited liability companies) or the amount of the share capital and the paid-in capital (joint stock companies and limited joint-stock partnerships),
• identification of the group of companies, if the company belongs to it.

The penalty for non-compliance is a fine of up to £5,000.
The absence of data of the trader running the online shop or the provision of false data is a serious warning sign. This may indicate that the website is being used to defraud money for services or goods that are not actually performed or delivered.

Limitation or exclusion of buyer’s rights

The entitlements of a buyer choosing a Black Friday or Cyber Monday offer are the same as those of a buyer outside the promotion. It is therefore unacceptable that the buyer in particular:

• he could not exercise his warranty rights,
• he could not exercise his rights under the guarantee if the guarantee is given in connection with the purchase of the product or service,
• could not withdraw from a sales contract concluded at a distance (e.g. in an online shop) or off-premises without giving a reason within 14 days from the delivery of the goods or, in other cases, from the conclusion of the contract.

The exclusion or limitation of these rights in the terms and conditions or the sales contract shall not be effective.

Payment options

Whenever possible, it is advisable to choose the option of paying for the service or goods by debit, prepaid or credit Visa or Mastercard. Payment by these methods is subject to additional chargeback protection. It is not available in traditional, pay-by-link or blik transfers.
Chargeback is the fact that the paying party can make a complaint to the bank on the grounds that the seller has not fulfilled the order or has fulfilled it incorrectly with a request to return the money paid to the seller. The bank may accept the complaint and refund the money. As a general rule, the complaint should be lodged within 120 days of the processing of the transaction (exceptionally within 180 days). Within one month, the merchant has the opportunity to respond to the bank on the complaint.
Cash on delivery may be another way of settling the transaction that increases security. Most often, however, it is a more expensive solution, as sellers then often use the practice of increasing the delivery price when choosing this payment method.
Legal status as at 27.11.2024