• Users of Dr. Smile's services may have been hindered from accessing the full terms of the contract and pressured to sign it immediately.
• The company may also have failed to satisfy its obligation to provide consumers with a full wording of the agreement and a confirmation of its conclusion.
• President of UOKiK, Tomasz Chróstny has additionally questioned the use of an illegal provision when cancelling the agreement.

The Dr. Smile company has declared the correction of malocclusion through the use of custom-made, personalized teeth straightening trays. UOKiK has received more than 100 signals from consumers indicating irregularities in the contracting process. The company's course of action may have been unreliable and violated the collective interests of consumers.

The scheme of the service was as follows: a consumer, via an online platform, made an appointment at one of the dental offices where a dental scan was performed. Having received the scan, the Dr. Smile company prepared a so-called treatment plan. The next stage was a phone call during which the consumer was first provided with the malocclusion correction plan and the financial terms of the service. During such an initial teleconsultation, the consumer was intensely urged to conclude the agreement and did not have sufficient time to think about or carefully review the detailed terms of the offer.

Malocclusion correction service contracted remotely is a specific one. The right of withdrawal does not apply to them because they are personalized products, tailored to the malocclusion of a particular consumer. The cost of such a service range from a few to several thousand zlotys so it is an expense of a considerable amount that the consumer cannot give up.

President of UOKiK also accused Dr. Smile of using an abusive clause in the “Understanding on Cancellation of the Agreement”, involving a waiver by consumers of any future claims, i.e., for medical errors following Dr. Smile’s malocclusion correction. Such a provision may be illegal and if UOKiK's charge is confirmed, the clause will not be binding on consumers.

– Every consumer has the right to make informed and independent decisions when choosing products or services. Actions such as pressuring, manipulating or obstructing access to the terms of the agreement are illegal and must not be used. It is also reprehensible to introduce into the agreement the provisions that limit the entrepreneur's responsibility for the execution of the agreement and deprive consumers of the possibility to pursue their claims – says President of UOKiK, Tomasz Chróstny.

If the charges are confirmed, the entrepreneur is going to face a fine of up to 10 percent of its annual turnover for using a prohibited clause and each practice that violates the collective interests of consumers.