Offering and sale of goods and services to consumers requires compliance with specific conditions, including fulfilment of certain informational requirements, avoidance of prohibited (abusive) contractual clauses, as well as the prohibition of practices infringing the collective interests of consumers. The team at KPMG Law provides legal advice in drafting documentation (terms and conditions, contract forms, informational notices), assessment of sales, marketing and advertising activities, and representation of clients in disputes.
What is consumer law, and why is it so important?
Consumer law sets forth specific conditions for sale of goods and services by businesses to consumers (B2C). Consumer law regulations apply to the provisions of B2C contracts as well as sales, marketing and advertising practices. In addition, there are a range of specific regulations establishing particular rules for advertising of certain goods or services and additional informational obligations in B2C dealings.
Consumer regulations also set forth rules for considering complaints and resolving disputes between businesses and consumers.
Firms offering goods or services to consumers are required to comply with regulations of consumer law. Non-compliances generates the risk of liability in damages, administrative fines, or even criminal liability.
Challenges for firms posed by consumer law
- Avoiding actions that could be found to be practices infringing the collective interests of consumers
- Ensuring compliance with regulations governing the advertising of goods and services
- Drafting sales documentation intended for consumers, including terms and conditions, general terms of sale, form contracts, and informational notices
- Contacts with the Office of Competition and Consumer Protection, including responses to inquiries from UOKiK and inspections by officials
Consumer law—benefits from legal assistance
Consumer law support from KPMG Law
Practices infringing the collective interests of consumers
KPMG Law offers legal verification of sales, marketing and advertising activities for the risk of infringing consumer regulations.
We advise on the wording of communications with customers. We conduct a legal assessment of informational and advertising materials directed to consumers, in particular to ensure that they are not misleading, they contain the information required by law, and they do not give rise to a risk that activity could be found to be a dishonest market practice or act of unfair competition.
Prohibited contractual clauses (abusive clauses)
We support clients in evaluation of the contractual provisions they use in terms of potential classification as prohibited contractual clauses.
We draft contract forms, general contractual terms, and terms and conditions for sale of goods and services to consumers.
Complaints and consumer disputes
We provide legal advice on consideration of consumer complaints based on warranty and guarantee. We assist businesses in preparing complaint procedures and training staff on handling complaints.
We represent clients in contentious proceedings before the state courts and the Office of Competition and Consumer Protection (UOKiK). We also provide legal support in seeking amicable resolution of consumer disputes.
Proceedings before consumer protection authorities
Our team represents clients in consumer law proceedings before UOKiK, in cases seeking to find clauses of form contracts to be abusive, and in cases alleging infringement of the collective interests of consumers. We also support clients in amicable resolution of disputes.
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