Notice of withdrawal from a distance contract (Poland)

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A consumer's notice withdrawing, without giving reasons, from a contract made online, by phone or away from business premises in Poland (art. 27 of the Consumer Rights Act): what was bought, the order number, when the contract was made and the goods received, and a demand for every payment back, delivery included, within 14 days. It covers what the statutory model form does and reminds the reader of the deadline for sending the goods back.

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Common questions

How many days does a consumer have to withdraw from an online purchase in Poland?

14 days — for goods from the day the consumer takes possession of them, and for a service from the day the contract is made (arts. 27 and 28 of the Consumer Rights Act). A contract made during an unannounced visit to the consumer's home or on a trip organised by the seller can be withdrawn from within 30 days. Sending the notice before the deadline is enough, and if the seller never gave information about the right of withdrawal, the period is extended by 12 months (art. 29).

Who pays to send goods back after withdrawing from a distance contract?

The consumer bears the direct cost of the return, unless the seller agreed to cover it or failed to say the consumer must (art. 34(2) of the Consumer Rights Act). The seller refunds the original delivery cost, but only up to the cheapest standard delivery it offered (art. 33), and may hold the refund until it receives the goods or proof they were sent. The consumer is liable for any loss of value caused by using the goods beyond what was needed to check them.

When is there no right to withdraw from a Polish distance contract?

In the cases listed in art. 38 of the Consumer Rights Act, including goods made to the consumer's specification, perishable goods, sealed goods unsealed after delivery that cannot be returned for hygiene reasons, recordings and software unsealed after delivery, and a service fully performed with the consumer's express consent. Since 2021 a sole trader also has the right, where the contract is not of a professional nature for their business (art. 38a).