Since 1 January 2023, provisions implementing the Sale of Goods Directive have been in force. They change how consumer complaints are handled, from the legal basis and the order of the buyer’s remedies to the seller’s obligation to collect goods at the seller’s expense. If you sell goods to consumers, online or in a physical store, you need to update your terms and conditions and complaint procedure. Below are the specific rules and steps to implement.
What changed and why it matters to you
Alongside the Omnibus Directive, provisions implementing the Sale of Goods Directive and the Digital Content Directive entered Polish law. The Sale of Goods Directive added a new chapter to Poland’s Consumer Rights Act concerning consumer complaints.
The changes apply to you if you meet either of these conditions:
- You sell goods to consumers, in an online store or a physical store.
- You sell goods to businesses with consumer rights (a sole proprietorship making a purchase unrelated to its professional activity).
For information about changes resulting from the Digital Content Directive, see the article “What changes does the Digital Content Directive introduce?”.
New legal basis for complaints: what does this change?
Consumer complaints are now based on the Consumer Rights Act, rather than the Civil Code.
In practice, this means:
- A complaint from a consumer or a business with consumer rights → apply the Consumer Rights Act.
- A complaint in a B2B relationship (both parties are businesses) → continue to apply the Civil Code provisions on statutory warranty for defects.
Check which group your customer belongs to before applying a complaint procedure.
When goods do not conform to the contract: assessment criteria
The scope of the seller’s liability has expanded. A consumer may make a complaint if the goods fail to meet even one of the following criteria.
Conformity of goods with the contract is assessed by reference to:
- Description, type, quality, completeness and functionality, and, for goods with digital elements, compatibility, interoperability and the availability of updates.
- Fitness for a particular purpose stated by the consumer before purchase and accepted by the seller.
- Suitability for the purposes for which goods of that kind are usually used.
- Quantity, characteristics and safety, and, for goods with digital elements, functionality and compatibility as well.
- Completeness of delivery: the goods should be delivered with accessories and instructions.
- Conformity with a sample or model, if the seller previously made one available.
The more precisely you describe a product in your offer, the easier it will be to defend against an allegation of non-conformity. Treat the product description as part of your legal safeguards.
Order of consumer remedies for a complaint
First step: repair or replacement
First, the consumer may request repair or replacement of the goods. This differs from the previous rules, which allowed the consumer to choose any remedy immediately (repair, replacement, a price reduction or a refund).
At this stage, the seller must:
- Repair or replace the goods within a reasonable time after the non-conformity is reported.
- Do so without significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which they were purchased.
- Collect the goods at the seller’s expense: the consumer only has to make the goods available. The consumer no longer has to deliver them to the seller.
Second step: price reduction or withdrawal from the contract
The consumer may move on to a price reduction or withdrawal from the contract (a refund) if:
- repair or replacement is impossible (for example, the product is out of stock);
- repair or replacement would involve excessive costs for the seller;
- the seller has not carried out the repair or replacement within a reasonable time; or
- the seller has refused to bring the goods into conformity with the contract.
Rules for a price reduction and withdrawal:
- A price reduction must be proportionate to the decrease in the value of the goods resulting from the non-conformity.
- The consumer may not withdraw from the contract (return the goods) if the non-conformity is insignificant. However, the rules introduce a presumption that the non-conformity is significant. The seller must prove that it is insignificant.
- After receiving the returned goods (or proof of dispatch), the seller has 14 days to refund the consumer.
Excluding liability: when can you protect yourself?
You may exclude liability under the consumer statutory warranty if you meet both of these conditions:
- Before concluding the contract, you inform the consumer that the goods are damaged (for example, they have a visual defect or are incomplete).
- The consumer makes a statement accepting the purchase of those goods, in any form, for example by email.
Keep that statement. If a dispute arises, it is your evidence that the consumer knew about the non-conformity before purchase.
Deadlines you need to know
| Deadline | What it means |
|---|---|
| 2 years from delivery of the goods | The period of the seller’s liability for non-conformity of the goods with the contract, unless the goods’ shelf life is longer. |
| 6 years from discovery of the non-conformity | The general limitation period for consumer claims. It follows from the Civil Code because the rules do not introduce a separate period. |
| 14 days from receipt of the goods or proof of their return | The period for refunding the consumer after withdrawal from the contract. |
Guarantees and consumer complaints
The terms of a guarantee (repair or replacement) may not be less favorable than the consumer’s rights when making a complaint about goods that do not conform to the contract. If, for example, your guarantee card allows a longer repair time than a “reasonable” time, update it.
What to do: seller checklist
- Update your store terms and conditions: describe the complaint procedure in line with the Consumer Rights Act, or refer to its provisions.
- Tell consumers the legal basis: state that complaints are based on the Consumer Rights Act, not the Civil Code.
- Make product descriptions more precise: the more detailed the description (features, functionality and completeness), the lower the risk of a dispute about non-conformity with the contract.
- Set up a procedure for collecting goods at the seller’s expense: agree on a complaint-return process with your courier or logistics operator.
- Prepare a statement accepting a defect: if you sell goods with a disclosed defect (outlet or second-hand goods), collect the consumer’s statement before the sale.
- Review your guarantee terms: make sure they are no less favorable than the rights available for a consumer complaint.
- Train your customer service team: the new order of remedies (repair or replacement first, then a price reduction or refund) requires changes to existing procedures.
If you have questions or need help updating your terms and conditions, contact us.
Frequently asked questions
When should a complaint be handled under the Consumer Rights Act, and when does the Civil Code still apply? Handle a complaint from a consumer or a business with consumer rights (a sole proprietorship making a purchase unrelated to its professional activity) under the Consumer Rights Act. Continue to handle a complaint in a B2B relationship, meaning both parties are businesses, under the Civil Code provisions on statutory warranty for defects. Before applying a complaint procedure, check which group your customer belongs to.
When are goods considered not to conform to the contract under the rules introduced in 2023? Goods do not conform to the contract if they fail even one of these criteria: they do not match their description, type, quality, completeness or functionality; they are not fit for a particular purpose stated by the consumer and accepted by the seller; they are not suitable for the purposes for which goods of that kind are usually used; they do not meet requirements for quantity, characteristics or safety; they were delivered without required accessories and instructions; or they do not match a sample or model previously made available. For goods with digital elements, compatibility, interoperability and the availability of updates are also assessed.
What is the correct order of a consumer’s remedies for a complaint: repair, replacement, price reduction or refund? First, the consumer may request only repair or replacement of the goods. The seller must do this within a reasonable time, without significant inconvenience to the buyer and at the seller’s own expense. A price reduction or withdrawal from the contract (refund) becomes available only if repair or replacement proves impossible, would involve excessive costs for the seller, is not carried out within a reasonable time, or the seller refuses to bring the goods into conformity with the contract. For withdrawal from the contract, there is a presumption that the non-conformity is significant. The seller must prove that the defect is insignificant.
Does the seller have to collect complained-about goods at the seller’s own expense? Yes. The seller pays to collect goods that are the subject of a complaint. The consumer only has to make the goods available and no longer has to deliver them to the seller. Set up a collection procedure with your courier or logistics operator before the first complaint arrives.
How can a seller exclude liability for a defect the customer knew about before purchase? You must meet both conditions: before concluding the contract, inform the consumer that the goods are damaged (for example, they have a visual defect or are incomplete), and then obtain the consumer’s statement accepting the purchase of those goods, in any form, for example by email. Keep that statement. If a dispute arises, it is your evidence that the consumer knew about the non-conformity before purchase.
