Polish consumer watchdog UOKiK opens proceedings against Columbus Energy over contract opacity

Contract opacity

Poland's Office of Competition and Consumer Protection (UOKiK) has opened proceedings against Columbus Energy, a company that sells and installs heat pumps and photovoltaic systems. The regulator's objections focus on the information provided to consumers before they signed contracts. According to UOKiK, Columbus Energy did not specify exact installation dates in its agreements. Instead, the contracts stated only that the date would be set individually by phone or email. Complaints received by the office indicate that the maximum declared start dates for installation were repeatedly exceeded, leaving customers uncertain about when the service would be completed.

The company also failed to inform consumers about the main features of the devices they were buying. Neither the contract nor any other document handed to customers at the point of commitment listed the manufacturers or models of the equipment. This omission meant buyers could not compare offers from other suppliers or verify what they were purchasing. UOKiK president Tomasz Chróstny stressed that switching to renewable energy is a serious and costly investment for most households, and consumers must be able to rely on the contractor's reliability.

The consumer cannot buy a pig in a poke. The absence of information about manufacturers and device models at the contract stage robs customers of the chance to compare prices and make a conscious choice.

Right to withdraw undermined

UOKiK also challenged clauses in Columbus Energy's documents that stated starting technical work would automatically strip the consumer of the right to withdraw from the contract. The regulator argued that heat pumps and photovoltaic panels can be dismantled, so the mere commencement of installation cannot automatically cancel the withdrawal right. Additionally, the contracts contained provisions suggesting that the customer themselves had requested immediate work before the withdrawal deadline, with the consequences of that step described in a separate document. UOKiK said this arrangement could have prevented consumers from making a fully informed decision, as the critical information was not presented in the main contract. Many of these agreements were concluded off-premises, a setting that gives consumers a statutory 14-day cooling-off period.

The right to withdraw from a contract concluded off-premises is one of the consumer's fundamental rights. An entrepreneur should not draft clauses in a way that may lead customers to believe that this right expires earlier than provided by law.

Refund delays

Customers who did withdraw from their contracts faced prolonged waits for their money. Under Polish law, a company must return payments no later than 14 days after withdrawal. Complaints to UOKiK showed that some Columbus Energy clients waited much longer. One consumer reported that despite the passage of time, no refund had arrived and the company merely informed them that the settlement process was ongoing, without giving any date. The regulator noted that the company's failure to provide a concrete timeline for refunds added to the consumers' frustration.

Penalty and wider context

The proceedings could result in a fine of up to 10% of Columbus Energy's annual turnover. The case is the latest in a series of UOKiK interventions in the renewable energy market. The office has previously penalised firms including Krajowy Projekt Energetyczny, Sunday Polska, Polska Energia Grupa Kapitałowa, and Energia dla Pokoleń, and declared some of their contract terms unlawful. The regulator's actions reflect a broader effort to ensure that consumers making the switch to green energy are not misled by opaque sales practices.