Photovoltaics. “You will be satisfied” and the customer feels cheated. Contract loopholes
Statistically speaking, companies installing photovoltaic panels have called probably every Pole at least once, including children. They promise great conditions, low prices for installation and subsequent use, in a word, only benefits. However, the President of the Office of Competition and Consumer Protection has reservations about some of the agreements and has initiated proceedings against three companies from the renewable energy sector. In the future, the proceedings may include other companies.
The President of the Office of Competition and Consumer Protection has taken a closer look at three companies operating on the renewable energy market. They are Am Eco Energy, Polska Energia Grupa Kapitałowa and Energia dla przyszłości. What is their offense? There is a suspicion that they used prohibited clauses in contracts with customers, which affected consumers.
The President of the Office of Competition and Consumer Protection analyses contracts between companies from the renewable energy sector
What are the questionable provisions? Such provisions could result in a change of the completion date (to a later date), an increase in price, failure to perform the service due to the contractor’s withdrawal, imposition of excessive contractual penalties. A common feature of the disputed clauses is that they were often formulated in an imprecise manner, so that customers did not know how to understand them.
For example, a provision suggesting that the contract was individually negotiated when it was not, or a provision about receiving all documents if they were not provided, may be intended to make it more difficult for consumers to pursue potential claims. Some provisions are even intended to discourage complaints by suggesting that if they are unfounded, consumers will incur high costs for expert opinions.
– The market for devices providing renewable energy sources is developing dynamically and more and more of us are deciding on such solutions. However, it is always a serious investment. Situations in which entrepreneurs try to burden consumers with the risk of their business are unacceptable. Prohibited clauses can cause grossly unfavourable effects for consumers, such as delays, higher purchase costs, receiving an installation that does not meet needs, making it difficult to withdraw from the contract or pursue claims – said the President of the Office of Competition and Consumer Protection, Tomasz Chróstny.
Questionable practices
The President of the Office of Competition and Consumer Protection is also conducting proceedings against Am Eco Energy and two people managing the company concerning the infringement of collective consumer interests. Several practices raise doubts. First of all, the company’s customers do not receive information about the right to withdraw from the contract. Meanwhile, when concluding a contract outside the company’s premises, they should receive clear and reliable information on a durable medium about how and when they can withdraw from it.
Moreover, Am Eco Energy expected a non-refundable advance payment of at least 50% of the fee paid 3 days after signing the contract. It did not take into account the fact that customers who fail to pay the contract outside the company’s premises withdraw from it within 14 days. Consumers could therefore be misled into thinking that if they exercised their statutory right, they would lose the funds paid anyway.
The Office of Competition and Consumer Protection also raised serious doubts about the lack of information about the main features of the device that was the subject of the contract. The contracts did not specify who manufactured the furnace, heat pump or photovoltaic installation, and there was no indication of the device model. The final product was selected after the contract was signed. Thus, the company’s customers did not know what equipment would be installed and had no way of verifying the price of the same device from competitors.
