If you’ve ever ordered on Amazon from a particular seller, it’s just frustrating when the product’s estimated delivery times seem to match when you need them, and you see different (later) estimated delivery times . rear This action by the Polish competition and consumer watchdog may be interesting: it accuses Amazon of misleading consumers about delivery times, product availability, sales contracts and consumer rights. .
UOKiK is responding to complaints about the e-commerce giant’s practices that it has been investigating since September 2021. We are now taking steps to publicly accuse Amazon of misleading consumers.
The tech giant could face fines of up to 10% of local sales if Amazon is confirmed to have violated consumer protection rules.
In a statement translated from Polish using machine translation, UOKiK President Tomasz Chróstny said:
Consumers are influenced by many factors when making purchase decisions. In addition to the price, it is important that the product arrives within the expected time, and if Amazon proposes an offer, you can be confident that the store will deliver it.They reserve the right to rely on any declarations provided on the website and to assume that the features available are not misleading. They may not use the services of [Amazon].
UOKiK’s previous research has shown that Amazon does not treat orders as contracts of sale, even though consumers send order confirmations by email. Instead, Amazon’s terms specify the moment of shipment as a binding contract of sale, but regulators also found that the company failed to clearly communicate this salient detail to consumers.
In a press release about the procedure, UOKiK noted the visual contrast between the brightly colored “Buy Now” and “Proceed to Checkout” buttons that Amazon displays to encourage consumers to place an order, and the small size of the terms and conditions of sale. Point out the typographical requirements. It stipulates that the sales contract is not actually concluded until the product is shipped.
Amazon also shows consumers this small print.t is the final stage of the purchasing process, but we will do thisIf you use a gray font on a white background and place it at the bottom of the page, you may have to scroll down the screen” — which means “difficult to read” in UOKiK’s view.
“What really grabs the consumer’s attention is the ‘buy now’ (on the product page) or ‘proceed to checkout’ (after adding to cart) for purchases and contracts. [buttons] highlighted by bright colors,” UOKiK writes. “In the office’s president’s opinion, such language could suggest that a product is purchased when ordered and that the transaction takes place as soon as the goods are paid for.”
In other words, Amazon rolls out classic dark pattern designs. This appears to go against consumer rights by promoting his Amazon’s own commercial interest in maximizing orders, but it does so by placing contractual obligations above consumer payment for goods. I am delaying.
Additionally, regulators have found that information displayed to consumers on Amazon’s platform, including information about product availability and delivery dates, “may not be true.”
“When placing an order, the consumer is confident that he or she has purchased a product and that the seller owns it. However, we may not actually have stock or be able to complete the shipment,” the press release said. , the countdown “orders in 2 hours 34 minutes” — is a guide. However, the consumer has no opportunity to find out about this at the ordering stage without reading the website’s terms and conditions of sale. There is only information about the inferred nature of the data provided. “
Watchdog is also concerned that it has not been adequately informed of consumer rights related to Amazon’s “guaranteed delivery” offer. (i.e. received by the stated date).
If there is a delay in such an order, the shopper may contact Amazon for a refund of the shipping charges. only visible or only if the user actively clicks on the subsequent link specifying the shipping details.
Additionally, please note that Amazon does not include information about this refund entitlement in the confirmation we send for orders with “guaranteed delivery” offers. Also, consumers may not know that they can apply for a refund if they have not been informed of their rights.
Amazon has been contacted seeking a response to the UOKiK legal proceedings.
This isn’t the first time the e-commerce giant has faced backlash in Europe for using dark patterns to manipulate users of its platform.
Last summer, following a series of complaints from local consumer protection groups, Amazon went through the process necessary to cancel its Prime Membership subscription service across its e-commerce sites operating in the European Union. Agreed to simplify.
The summer before, it was also fined nearly $1 billion for violating EU data protection regulations by processing customer data for targeted advertising.
In recent years, the European Commission has also brought a series of antitrust charges against the platform. We are reconciling those that investigated the use of merchant data and those related to seller offers appearing in featured “buy boxes”. , late last year, after the tech giant pledged to change its practices regarding the use of third-party data and how the shopping cart box is displayed. If you are found to be in breach of these commitments, which are valid for an annual period, you could face up to 10% of your global turnover.)
The e-commerce giant also faces competition enforcement in Italy, where it was fined $1.3 billion at the end of 2021 for charges similar to what the European Commission has since investigated.
