New Polish regulations for e-commerce

The goods are non-compliant with the contract when:

• does not correspond to the description, pattern or sample provided by the seller (e.g. the washing machine does not have a drying function despite the seller’s assurances);
•  is not suitable for the purposes specified by the buyer, of which he informed the seller before concluding the contract (e.g. paint for painting external surfaces is intended for painting walls inside the room);
• does not correspond to the properties that are attributed to goods of the same type (e.g. a casserole dish breaks under the influence of high temperature);
• does not have the characteristics that a buyer can reasonably expect.

In the event of non-compliance of the goods with the contract, the buyer may demand:

• repair of goods or replacement with a new one,
• an appropriate price reduction or withdrawal from the contract (if the defect is significant).

Repair or replacement should take place:

• within a reasonable time from the moment the seller was informed by the consumer;
• without inconvenience to the consumer, taking into account the specificity of the goods and the purpose for which the consumer purchased them – the costs of repair or replacement are borne by the seller.

The choice between replacement or repair is up to the consumer. If the consumer’s request
is impossible or requires excessive costs from the seller, it may replace or repair the good within his discretion. 

The consumer has the right to reduce the price or withdraw from the contract when the goods are significantly
non-compliant with the contract and if the seller:

• refused to repair or replace the goods;
• did not repair or replace the goods;
• tried to repair or replace, but the goods are still not in accordance with the contract;
• declared that it will not repair or replace the goods within a reasonable time or without undue inconvenience to the consumer.

In the event of a significant non-compliance with the contract, the consumer may demand a price reduction or withdrawal from the contract contract, without first exercising the right to repair or replacement.

The seller is liable to the buyer only if the goods at the time of delivery are
non-compliant with the contract. The seller’s liability for non-compliant of the goods with the contract does not arise only if the buyer knew about this non-conformity or, judging reasonably, should have know.

Example: If, at the time of purchasing the paint, the buyer knew that it was not intended for exterior surfaces, and nevertheless bought the product to use it to paint the fence, the seller will not be responsible for the non-compliance of the goods with agreement.

In addition, if a non-conformity is found within 6 months of the delivery of the goods, it is presumed that it existed at the time of delivery. The seller is then obliged to prove that the product was compliant at the time of sale. After six months, the burden of proving the non-conformity of the goods with the contract will rest with the consumer.

It is not uncommon for a person to contact the seller and wants to return the goods or replace the goods with a new one because the buyers stopped liking the one it have. In such a situation, the seller is not obliged to accept the goods. It depends solely on his good will.

The basic condition for pursuing liability is to notify the seller of the non-compliance of the goods with the contract in the form of a complaint. Complaints should preferably be submitted in writing. The seller has no right to refer consumers to another entity, e.g. a manufacturer.

The complaint should contain a description of the lack of conformity of the goods with the contract, the buyer’s request and proof of purchase, e.g. a receipt. However, the seller cannot make the acceptance of the complaint dependent on the delivery of the receipt.

The seller is liable to the consumer for the goods sold if the defect is found within 2 years from the moment of sale. This period cannot be shortened, with the exception of second-hand goods, for which the seller may limit the period of his liability to a maximum of one year. The seller is obliged to respond to the buyer’s complaint within 14 days.

If he fails to do so, it is considered that the complaint was justified.