Notice of price reduction or withdrawal for non-conforming goods (Poland)

Published byDocMuse

A consumer's notice for when the seller refused to repair or replace goods that do not conform to the contract, did not do it in reasonable time, the repair did not work, or the defect is too serious to wait (art. 43e of the Consumer Rights Act): the choice between reducing the price and withdrawing from the contract, the amount and the account for the refund. It reminds the seller to repay within 14 days and to take the goods back at its own cost.

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Common questions

When can a Polish consumer withdraw straight away instead of asking for a repair?

When the non-conformity is serious enough to justify withdrawal without first asking for repair or replacement, or when the seller's statement or the circumstances make clear it will not bring the goods into conformity in reasonable time (art. 43e of the Consumer Rights Act). Otherwise repair or replacement comes first. There is no withdrawal for a minor non-conformity, but it is presumed not to be minor.

How is the reduced price of non-conforming goods worked out in Poland?

The reduced price stands to the contract price as the value of the non-conforming goods stands to their value if they conformed (art. 43e of the Consumer Rights Act). If, say, a 2000 zł washing machine with a defect is worth 1500 zł — a quarter less — the price drops to 1500 zł and the seller repays 500 zł within 14 days of receiving the notice. It helps to support the value, with prices of similar goods or a repairer's opinion.

What happens to the goods after withdrawing because they did not conform?

The consumer returns the goods to the seller promptly at the seller's cost, and the seller repays the price promptly, within 14 days of receiving the goods or proof they were sent at the latest (art. 43e of the Consumer Rights Act). Where only some of the goods bought together do not conform, the consumer can withdraw for those, and for the rest too if the consumer cannot reasonably be expected to keep only the conforming ones.