The Office of Competition and Consumer Protection (UOKiK) fined Amazon. Tens of millions of zlotys and “dark patterns” in the background

The Office of Competition and Consumer Protection (UOKiK) imposed a fine on Amazon of over PLN 31 million for misleading consumers. The decision of the President of the Office concerns Amazon EU SARL based in Luxembourg, which is one of the companies selling on the Amazon.pl platform.

The Office of Competition and Consumer Protection imposes a fine on Amazon. “Practices classified as so-called dark patterns”

The Office of Competition and Consumer Protection raised doubts about misleading practices regarding the moment of conclusion of the sales contract, product availability, delivery times and consumer rights. According to the President of the Office, the average consumer “should not be forced to take additional actions to check the credibility of the functionalities offered or the information presented.”

– In the decision issued against Amazon, we questioned the misleading of consumers, including practices classified as so-called dark patterns (translated from English as “dark patterns”, also known in Polish as “deceptive interfaces” – ed.), i.e. putting pressure on consumers by displaying a timer in which the order should be placed, despite the lack of a guarantee deliveries within this period – explains Tomasz Chróstny.

UOKiK: In many cases, the customer may not have received the product

A customer who ordered a product on the Amazon.pl platform and paid for it may not have received it in many cases – emphasizes the Office of Competition and Consumer Protection, which adds that this is confirmed by signals from consumers themselves and complaints submitted to the entrepreneur. “For example, as established in the course of the proceedings, the company repeatedly canceled orders placed for popular e-book readers,” the Office says. He adds that placing an order and receiving its confirmation was not tantamount to concluding a sales contract. “This is only an offer to purchase the product, which is not binding on the company. Even after paying for the goods, Amazon is not obliged to deliver them – it may cancel the order,” explains the Office of Competition and Consumer Protection. For Amazon, the conclusion of a sales contract is only the information about the actual shipment and this, according to the entrepreneur, is the right moment of purchasing the goods.

“Information about this is included in the terms of sale and at the last stage of purchases on the platform, but may be difficult to access – it is written in gray font on a white background, at the very bottom of the page. However, slogans are visible to the consumer suggesting that when ordering, he or she includes contract: ‘Buy now’ or ‘Proceed to finalize the purchase’. Thus, Amazon misleads consumers as to the moment of concluding the sales contract,” says the Office of Competition and Consumer Protection and adds that after imposing a penalty, the company must publish the decision on its website and in its social media. The penalty imposed by the Office is not final, but the company may appeal to the court.