Complaint about goods that do not conform to the contract (Poland)
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This document is in Polish
The PDF you download is in Polish — that is the language it has to be filed in, so it is not translated. Everything on this page is here to tell you what it says.
A consumer complaint under the Polish rules on goods not conforming to the contract, which replaced the Civil Code warranty between shops and consumers on 1 January 2023: the item, when it was bought and for how much, the proof of purchase, what is wrong and when it showed, and a demand for repair or replacement. It reminds the seller that it is liable for 2 years from delivery and that no answer within 14 days means the complaint is accepted.
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Common questions
- How long does a Polish shop have to answer a complaint about goods?
- 14 days from receiving the complaint (art. 7a of the Consumer Rights Act). The answer must be on paper or another durable medium, such as an email. If the shop does not answer in time, it is deemed to have accepted the complaint and must repair or replace the goods as demanded. That is why it is worth keeping proof of when the complaint was made — a registered-post receipt, the email, or a signed copy.
- Can a Polish shop send a complaint on to the manufacturer or guarantor?
- No. The seller the consumer contracted with is liable for goods not conforming to the contract, and it must take the complaint and bring the goods into conformity at its own cost (arts. 43c and 43d of the Consumer Rights Act). The consumer may — but need not — use the manufacturer's guarantee instead. Refusing a complaint by pointing to the guarantor is unlawful and worth reporting to the local consumer ombudsman.
- How does a statutory complaint in Poland differ from a guarantee?
- The seller's liability for goods conforming to the contract comes from statute, lasts 2 years from delivery and cannot be excluded or limited. A guarantee is a voluntary undertaking by the manufacturer or seller on the terms of the guarantee statement (art. 577 of the Civil Code). The consumer chooses which route to take, and using the guarantee does not take away the statutory rights against the seller.
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