New Consumer Rights Protection Act Comes Into Poland

In Poland, on December 25, 2014, new consumer protection laws came into force that were developed by the Ministry of Justice taking into account the Directives of the European Parliament and the European Council. The Ministry of Justice has streamlined and integrated laws that relate to seller’s liability for the quality of goods sold. What does this mean for consumers?

Firstly, the new law guarantees buyers in Poland obtaining comprehensive and essential information even before the conclusion of the contract. It is important to note here that the buyer receives such a right not only with respect to contracts concluded at the enterprise, but also with a regular store.

Secondly, the law introduced provisions that facilitate consumer orientation in the costs associated with the conclusion of the contract. In accordance with the new regulations, it is now the seller who must inform the buyer of all expenses that he incurs in connection with the conclusion of the contract.

So, for example, if the buyer pays for the goods with a credit card, then the commission fees cannot exceed the amount provided for this method of payment. Additionally, the law prohibits the collection of excessively high fees for using the hotline, which customers use to clarify issues related to the conclusion of the agreement.

Thirdly, the period is extended from 10 days to 14 days, during which the buyer can cancel the contract without providing reasons. Thus, the buyer receives a longer period for making a decision. The law also provides for a situation where the consumer is not provided with information about the 14-day refusal period: in this case, the buyer can refuse the goods within one year (previously the term was 3 months). Additionally, if the buyer has not received information about the costs associated with the return of the goods, the law exempts the consumer from paying such costs.

Fourth, the law on consumer protection restores the record of a consumer “defect” (previously there was a definition of “non-compliance of the goods with the contract”). Thus, the buyer gets more freedom in choosing behavior in case of purchase of goods with a defect. Previously, in the first place, the buyer could demand the provision of repair or replacement of goods. Now, the buyer may also demand a reduction in price or may withdraw from the contract altogether.

The law also extends the seller’s liability to 5 years for defects in the acquired property.

Further, the law restores the application of civil law provisions regarding guarantees for consumers. This means that if the entrepreneur providing the guarantee did not accurately indicate the content or meaning of the guarantee, then the consumer has the right to exercise his rights, which are granted to him by civil law. In case the guarantor has not determined the exact term of the guarantee, the guarantee is valid for 2 years.

And what benefits does this law give to entrepreneurs?

Firstly, uniform regulation for the entire EU zone, which greatly facilitates the conduct of business both within the EU and outside. Secondly, the law clearly defines the amount of information when and how an entrepreneur should provide this information to the consumer. The law also clearly defines the rules for refusal to fulfill the terms of the contract, including in the area of ​​calculating the term, in matters related to the costs of returning the purchase, and the law indicates who pays for what expenses as a result of non-fulfillment of the contract and its conditions. Moreover, the law includes rules on how to use the acquired thing during the period when you can terminate the contract. Thus, the introduction of clear rules, especially in the area where there has not yet been detailed regulation, makes it easier for entrepreneurs to enforce the laws and reduces the costs of doing business.

Additionally, the law standardizes the responsibility of any seller for the quality of the goods. Previously, the entrepreneur was responsible for the quality of the goods in two areas: for defects and for the non-compliance of the goods with the contract, which significantly complicated and increased costs when considering various disputes.

The new Consumer Protection Act also facilitates the filing and consideration of claims, as it includes clear definitions that relate to compensation for claims related to a defect in a sold item in the seller’s chain. This decision makes it easier for the final seller to reimburse his expenses incurred in connection with the fulfillment of his obligations to guarantee goods that were purchased from a supplier or manufacturer and have a defect.