The Office of Competition and Consumer Protection (UOKiK) has imposed a fine of almost PLN 12.5 million on the seller of photovoltaic installations BO Energy.
There were 12 contracts in the contracts developed by the company prohibited clauses infringe consumer rights. BO Energy also engaged in a number of unfair practices, for which the chairman of UOKiK fined it over PLN 28 million in December 2022.
“BO Energy (formerly FG Energy) of Cracow sells and assembles photovoltaic installations all over Poland. It negotiates off-premises contracts and provides consumers with a comprehensive “turnkey” photovoltaic installation – from audit, through design, to the completion phase of the service and handing over the final product.
‘The entrepreneur cannot abuse stipulations’
The implementation of photovoltaic installations was based on templates of contracts prepared by the company, in which the Bureau identified many prohibited clauses. The provisions only protected the interests of the company and could have serious consequences for consumers: changing the deadline for completing the works, increasing the price or even non-performance of the service due to the withdrawal of the contractor.
“Photovoltaic energy is a serious investment for consumers and costs up to tens of thousands of zlotys. No entrepreneur, including those active in the industry that is currently enjoying great interest, should not use abusive clauses in the contract that violate the rights of consumers. The provisions of the contract developed by BO Energy carried a high degree of risk on investors and did not protect their interests, they could have such obvious adverse consequences for customers as changing the price or receiving an installation that did not meet expectations and needs,” UOKiK President Tomasz Chróstny said in a statement.
The president of UOKiK fined BO Energy almost PLN 12.5 million. After the decision has become final, the company will also have to inform consumers who have entered into a photovoltaic contract with it about prohibited contractual provisions and indicate that they should be treated as if they were not included in the contract at all.
In December 2022, the president of UOKiK issued a decision fined BO Energy more than PLN 28 million for using unfair practices, such as making it difficult for consumers to cancel the contract free of charge, misleading them into cooperating with the Ministry of Climate and regarding free audit.
Decisions are not final.
Source: Do Rzeczy
Roy Brown is a renowned economist and author at The Nation View. He has a deep understanding of the global economy and its intricacies. He writes about a wide range of economic topics, including monetary policy, fiscal policy, international trade, and labor markets.
