Downsizing and the Office of Competition and Consumer Protection

Obligation to clearly present prices in retail sales and services

At the point of retail sale and provision of services, the unit price of the good or service should be clearly presented. The new regulations require that prices be presented clearly, without raising any doubts and enabling comparison. According to the amendment, the price must also include tax on goods and services and excise duty if, under separate regulations, a given good or service is subject to these taxes.

Rules regarding price presentation and unit price

Price, according to the regulations, is the value expressed in monetary units that the buyer is obliged to pay to the entrepreneur for the good or service. The new regulations implementing the Omnibus Directive specify the definition of unit price. A unit price is the price set for a unit of a specific good or specific service, the quantity or number of which is expressed in units of measurement in accordance with measurement regulations. The unit price includes prices for various units of measurement such as liter, kilogram, square meter, cubic meter and piece, depending on the type of goods. Information about the price, unit price or reduced price should be visible on the product itself, directly next to it or in its vicinity, in a publicly accessible place and clearly visible to consumers.

Detailed information about service prices and their scope

Downsizing may also apply to services, so it is worth paying attention to the scope of the service offered. Prices for services should be presented with a detailed description of the type and scope of services. If possible due to the type of service provided, a unit price may be provided instead of the overall price for the service. When providing information about prices for services, various rates may be provided, such as hourly, percentage, per kilometer, etc., including all price components.

Rules for informing about reduced prices and additional costs

If the price of a service is reduced, information about the reduced price should be visible in addition to the general and unit prices. Prices for journeys from or to the recipient of the service should be compiled and valued independently of the overall valuation of the service. If the price for a service does not include the costs of materials and goods necessary for its implementation, the consumer should be clearly informed about this fact.

Requirements regarding the availability of price lists at the point of provision of services

At the point of provision of services, the price list should be publicly available and clearly visible to consumers. If the service is provided exclusively to the consumer, the price list should be presented to him in writing or electronically before the service is provided.

Obligation to inform about the lowest prices before discounts

When informing about price reductions for goods or services, in addition to information about the reduced price, information about the lowest price applicable in the 30 days before the introduction of the reduction should also be presented. If a good or service is available for sale for a period of less than 30 days, in addition to information about the reduced price, the lowest price applicable from the time of introduction to sale until the date of the reduction should also be provided. For goods that are subject to perishability or have a short shelf life, information on price reductions should include the price before the reduction, provided that these time limits do not apply.

The consumer’s right to benefit from the best price

In case of discrepancies or doubts as to the price of the goods or services offered, the consumer has the right to demand sale at the most favorable price for him.

Sanctions for non-compliance with price information regulations

Sanctions for failure to comply with the rules regarding price information include the imposition of fines by provincial Trade Inspection Inspectors, up to PLN 40,000 in the event of repeated violation of obligations within 12 months. If a violation of the collective interests of consumers is found, the President of the Office of Competition and Consumer Protection may impose a fine of up to 10% of the turnover on the enterprise and up to PLN 2,000,000 on the person managing such an enterprise.