Five interesting facts about consumer rights in Poland
English version Wersja po polsku
A consumer is a natural person who performs a legal transaction with an entrepreneur (e.g. concluding a contract) not directly related to his business or professional activity.
Today (Monday, March 15) we are celebrating World Consumer Rights Day . Its history dates back to 1963, when the US President JF Kennedy gave a speech, including four fundamental rights for consumers – information, choice, security and representation.
This holiday has been officially celebrated in the world since 1983, and in Poland – since 2000.
There is no doubt that, to this day, consumer rights have been expanded to cover more categories than those mentioned 35. The president of the United States of America.
It is worth recalling here that, in addition to the code regulations (e.g. in the scope of warranties contained in the Civil Code), the basic act regulating this matter in Poland is the Act of May 30, 2014 on consumer rights (consolidated text, Journal of Laws 2020, item 287). It is an implementation (transposition into Polish law) of Directive 2011/83 / EU of the European Parliament and of the Council.
On the occasion of today’s holiday, we will try to recall a few of the most important rights (and obligations) related to consumer rights, as well as consider who are entitled to consumer rights.
The right to withdraw from a distance contract, i.e. 14 days with an extension to 54 weeks.
One could say that the awareness of the right to withdraw from a distance contract within 14 days from the date of receipt of the item is already quite firmly established in the minds of consumers. However, this does not exempt sellers from obligation to inform consumers with their rights. The consequences of failure to comply with this obligation can be quite painful for sellers.
This is because a consumer who has not been informed about his right can exercise his right for the next 12 months! Thus, if the seller does not comply with the information obligation, then de facto will enable the buyer to withdraw from the contract for more than one year (12 months + statutory 14 days).
However, the seller can try to make up for his mistake. If he informs the buyer about his right later, then the consumer will be able to return it within 14 days from the date of informing him by the seller about this right.
A self-employed person may, under certain conditions, take advantage of consumer rights
For just over two months, the amended provisions of the Act on Consumer Rights and the Civil Code have been in force in Poland, which in certain matters equate the rights of natural persons running a sole proprietorship with the rights of consumers, although – which is worth emphasizing – with certain restrictions.
Two basic changes are worth mentioning. First a buyer running a sole proprietorship will have the right to withdraw from a distance contract (similar to a consumer) if he purchases things, the purchase will be for him:
- was of an economic nature (i.e. he will make a purchase for the purpose of using a given item in the course of business activity)
- and not of a professional nature (i.e. that the buyer does not conduct business activities within the scope of the purchase).
For example: Jan Kowalski, who runs a business in the field of hairdressing services, will be able to purchase a refrigerator online for his salon, and then exercise the right to withdraw from the contract, because its purchase will be of an economic and non-professional nature. It should be recognized that Jan Kowalski has the same knowledge about refrigerators as a typical consumer. However, if Jan Kowalski purchases a hair clipper in the same online store, then he will not be entitled to the statutory right of withdrawal. It should be recognized that this purchase is both economic and professional, and Mr. Kowalski should demonstrate knowledge about this type of products as a professional.
Analogous remarks should be made regarding “rękojmia” rights (type of warranty). If the parties (B2B) do not exclude or limit the rights in this respect, as a consequence of which the provisions of the act will apply, then the buyer running a sole proprietorship will be able to exercise the rights of consumers in this respect. (with particular emphasis – as this seems to be the most important benefit – of the alleged defect of the product before the product is handed over to him).
“I buy and will pay” are the five most important words
In the case of distance contracts, the consumer must not only be informed of any resulting costs and fees related to the execution of the order, but he (the buyer) must also expressly confirm that he knows that the order placed is subject to an obligation to pay.
In a situation where the order is made using a button or a similar checkbox, the seller must clearly mark it with the words “I am placing an order with an obligation to pay” or a similar phrase (eg the frequently used “buy and pay”).
It is worth taking care of the appropriate wording, because failure to meet the above condition results in the agreement as not concluded. The consequence of this is the lack of claims due to the seller, even when the contract has already been performed.
Made-to-measure goods or goods made to order? It’s a big difference.
It often happens that entrepreneurs offer a product sold “by the meter” or in specific lengths of measure – often you can see advertisements for, for example, sun blinds, with a price given for 2 cm roller blinds 50 cm wide, or fabrics in which the unit of purchase is 10 cm per running.
However, problems arise when the consumer, having made such a purchase, wants to exercise his right to withdraw from the contract. At this point, sellers most often refuse, referring to the exception to this law provided for in the act, concerning goods made to order.
However, this is wrong thinking – goods for individual orders are, in a sense, personalized goods, made according to the customer’s wishes . A product for an individual order will be, for example, a wedding ring with an invented pattern and a specific engraving, or an order for products with your own logotype or even an order of material, but cut according to the submitted design. It is clearly visible that in these cases the seller carries out the order that the client ordered him, and which order has individualized features, satisfying (probably) only that one client.
Such a thesis cannot be made to a consumer who places an order for 50 pieces of material, 10 cm each, if the seller offers the goods in such sections. It will also not be an individual order if the buyer orders 50 “pieces” in such an offer, at the same time asking that the material should not be cut (ie he would like to buy 5m of fabric). There is no individualizing feature in his order – the seller has such 10 cm sections on offer for each buyer.
It is worth remembering when constructing your offers – in order not only to think carefully about them, but above all – in order not to prevent consumers from exercising their statutory rights.
Summary:
The issues discussed are just the tip of the iceberg of consumer rights. However, it is worth – taking advantage of today’s holiday – to pay special attention to them, because they are – in the context of making more purchases over the Internet – especially up-to-date.
If, as an entrepreneur, you need help with consumer rights and the rules of their application, or you are a consumer in dispute with an entrepreneur who does not want to take into account your rights – contact us. Our lawyers will learn about your situation and help you make the best decision or resolve a conflict.
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