Temat: Strony, gdzie mozna dyskutowac MLM bez cenzury

The position of the Office of Competition and Consumers on the sale of avalanche submitted in response to a statement by Senator Christopher Borkowski, presented at the 31 session of the Senate on 19 December 2002.
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In response to the presented above. issues a statement regarding the sale of avalanche present in this position.

Avalanche sales system is a special variety called. pyramid schemes that have emerged in Poland in the early nineties in a chain of financial relationships built on a pyramid. The common feature of all varieties of systems of a pyramid is the relationship of profit from recruiting new members investing money. For example, the person organizing the chains organize promotional meetings, which are characterized by high professionalism and use of various methods of social engineering. The purpose of these meetings is to induce people to participate in the system, and above all to pay for this for a certain amount of money to the organizers. Profit participant in the system depends on the number of recruited individuals. Those who choose to participate in the system to receive read and accept the terms or conditions of participation, then pay the money. By signing the form participation in the scheme, participants accept the findings Rules, which states explicitly that the profit can be achieved only if the entry of new participants. The largest percentage of people receive bonuses on top of the pyramid. By contrast, the rapid increase in the number of participants are necessary to sustain the system, most of them from the assumption is the last and penultimate level. Result of their participation in the system will obviously be negative.

A system based on building the pyramid schemes are often used by companies that offer car sales, housing and other costly investments primarily - the so-called. low-cost acquisition system for all kinds of goods. Sales avalanche phenomenon is a serious threat to potential buyers. In recruiting new participants are often violated rules prohibiting unfair advertising - as a result of the potential participants rarely have a full awareness of the risks, especially since the offer presented to the rule is very attractive. They are misled as to achieve the benefits and frequently about the possibilities of employment.

Activities related to the building of pyramid schemes are illegal in most countries of the European Union and, depending on the adopted its provisions prohibit unfair competition, criminal provisions, or provisions "of money-laundering."

In the Polish legal system to organize such structures has been banned by the amendment of the Act of 16 April 1993 on combating unfair competition (Law of 5 July 2002 amending the Act on combating unfair competition). The new provision of Article. 17 c of the Law Against Unfair Competition contains relevant provisions on the subject. Namely, as an act of unfair competition, the organization recognizes the avalanche of sales, consisting in proposing the purchase of goods or services, by making buyers of the goods or services, the promise of obtaining material benefits in return for inducing other people to make the same transactions and who would gain similar benefits as a result of material induce additional persons to participate in the scheme (Article 17, paragraph c. 1).

Prohibition of sale system avalanche applies to both businesses and individuals carrying out economic activities. The consequence of this ban is a penalty referred to in Article. 24 c amendments.

Besides the typical pyramid schemes, there are methods of sales, which have some similarities, and are often confused. These methods are often called "Multilevel Marketing" or "network marketing", ie. multi-level marketing as a sales or marketing methods rely on the fact that the purchaser of a product is purchased at the same time the right to sell certain products in return for a commission or interest on the market. The same applies to subsequent purchasers. Structure of Multilevel Marketing recalls the structure of a pyramid. The objective of this form of marketing is different than the purpose of a pyramid scheme. Multi-level marketing is a method of sale. Commission or interest on the market provide gratification for the sale of certain products and are part of the system.

In this case, the game does not come pay a certain amount in order to obtain the right to participate as an essential element is the sale of goods. Participant buys a set price products, and its objective is to sell at a profit. Recipient does not pay for participation, but for the product. Recipients who do not want or can not sell products, they are not injured.

Legislature to respond positively to such a business in which profits depend on sales of specific products, rather than financed by the participants are at the lower level of the pyramid, from the prohibition on the organization of a pyramid scheme provided the exclusion of multi-level marketing.

In accordance with Article. 17 c, paragraph. 2 amendment - does not constitute an act of unfair competition organized avalanche of sales, if the following conditions are met:

1) material benefits derived from participation in the sales come from funds generated from the sale or purchase of goods and services at a price, whose value can not grossly exceed the actual market value of those goods and services.

2) the person resigning from participating in the sale is entitled to resell the organizer of the system for at least 90% of the purchase price of all purchased from the organizer of marketable goods, information and instructional materials, samples or demonstration kits purchased within 6 months preceding the date of abandon the sale organizer of the system.

It should be noted that the activities of the pyramids involves a number of other violations of the provisions on unfair competition, including concealing the risks posed by participation in a pyramid, the dissemination of false information about the legal situation of the company or misleading advertising. In addition, the major problem is the looseness of the organizers, who usually operate through post office boxes, and - occasionally known cases - use a new medium that is the internet.

President of the OCCP is a government administrative body competent in matters concerning competition and consumer interests. The powers of the President include: anti-competitive behavior of enterprises, including to the detriment of consumers and the right to act (in the interests of all consumers) against traders perpetrators of unfair competition under the Act of 16 April 1993 on combating unfair competition, which main purpose is to protect against market distortion or perversion of the rules of competition between entrepreneurs and to give it an honest character. Unfair competition law is ensured by means of civil, criminal, and as a result of amendments to the Act on competition and consumer protection of 5 July 2002 (OJ No 129, item. 1209) measures of administrative law, but solely in the interests of consumers . Control, in the strict sense, the application of the amended law on unfair competition is not conducted both by the OCCP and the Ministry of Economy. However, in the above. the President of the OCCP its action against acts of unfair competition to take office. In addition, the foundation of the OCCP on the matter are derived from the whole Polish information: from the delegations of the OCCP, the Trade Inspection unit, or the complaints of victims of unfair competition acts. In so far as monitoring is implemented and action is taken with regard to compliance with the Act on combating unfair competition.
source:senat.gov.pl

Temat: Strony, gdzie mozna dyskutowac MLM bez cenzury

Dozwolona sprzedaż lawinowa a piramidy finansowe
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Sales avalanche, known in business circles as a form of direct sales, is growing in Poland in the energetic pace since the early 90 In Poland it is usually encountered when selling products such as cosmetics, gifts and books. It is a common form of economic activity, which allows you to earn money without large investments. Often, however, this activity is wrongly considered only as a method of cheating people, including sometimes identified with the so-called. pyramid schemes.

Meanwhile, sales of avalanche, if the conditions provided in the Act of 16 April 1993 on combating unfair competition is allowed and does not constitute a threat to consumers or participants systemu.Osoby wishing to participate in the sale of avalanche or organizing a network of direct marketing should read Restricted by law for this activity, as well as with established special protection for consumers in this regard.
Forms of selling avalanche - what is forbidden and what is permitted
Avalanche sales system is proposing the purchase of goods or services to customers while making the promise of obtaining material benefits in return for persuading another person to make the same transactions and who would gain similar benefits by inducing material next person to participate in the network (Article 17c of the Act of 16 April 1993 on combating unfair competition).
Sale Avalanche is allowed only if it meets specific requirements set out in paragraphs. 2 Art. 17c of the Act on combating unfair competition:
• products or services are sold at a price that does not significantly exceed their actual market value;
• the person resigning from participating in the sale may sell the organizer of the avalanche of merchandise and promotional materials purchased within the last 6 months for at least 90 percent. the price at which it had acquired.
If even one of these conditions is not met, the sale of avalanche will be classified as an act of unfair competition, for which he could threaten up to 8 years imprisonment.
Consumer Safety
The organizer or participant in the sale of avalanche can operate only within the limits indicated in the Act on combating unfair competition. In addition, because the system is based on offering goods or services directly to customers, for example, usually at home or at his place of work - is subject to provisions of contracts concluded away from business premises.
Forbidden pyramid schemes - a system konsorcyjny
Do not confuse selling avalanche - permitted under the conditions laid down by law - the so-called. pyramid schemes, the Polish law which prohibits strongly. This pyramid promotional scheme under which a consumer performs a benefit in exchange for receiving the material benefits that are derived primarily from the introduction of the system of others, rather than from the sale or consumption of products. In accordance with Article. 7, paragraph. 14 of the Act of August 23, 2007 on combating unfair market practices, establishing, operating or promoting a pyramid unfair market practice. Thus, this activity may be grounds for consumer redress, including a payment of compensation or transfer a sum of money for a specific social goal.
According to the Act of 2 March 2000 on the protection of certain consumer rights and liability for damage caused by dangerous products:
• a consumer who has an agreement outside the premises, may withdraw from it without giving reasons, making the relevant statement in writing within 10 days after the conclusion of the contract;
• type, concluding an agreement with the consumer away from business premises, shall, before its conclusion to inform the consumer in writing of the right to withdraw from the contract and give notice of withdrawal model. Must also give the consumer a written confirmation of the contract, stating the date and nature, and by the service and price.
System konsorcyjny
A classic example is financial pyramid scheme konsorcyjny also called the "system of the Argentine" or "pattern Ponziego. It consists of self-financing to consumers in the group that you created. Under this system, a number of persons enter into a consortium and paid on his behalf, a sum of money. Part of the sum is the organizer of the system - to cover the cost and implementation of profit - and the remainder should be spent on awarding members of a consortium of goods, or grant them loans. In accordance with Article. 16 of the Act on combating unfair market practices, organizing and conducting activities in the form of the consortium represents an unfair market practice and is punishable by imprisonment up to five years and up to eight years - if collected in this way the property of great value.
The bans are to protect us It is worth noting that Polish law allows for the sale of avalanche in the system under certain conditions laid down by law, and strictly prohibits the activity in the system konsorcyjnym. Statutory prohibition is a consortium of systems in order to prevent the creation of the financial pyramid, which was loud in the 90s This prohibition protects the interests of the people who encouraged slogans and easy high-wage, until the time argued that the hasty and decided disadvantage for themselves.
The author is an attorney in the Office of Legal Affairs Chajec, Don-Siemion & Rye
autor: Mateusz Buzuk -gazetafinansowa.pl