A consumer dispute is most often a dispute about money, but also about principles: was the complaint handled correctly, could the customer withdraw from the contract, are the shop's terms and conditions or the standard contract lawful. We help both sides – consumers who want to enforce their rights effectively, and businesses that want to have proper procedures in place and handle disputes with customers sensibly.
Below we describe the rights the law gives consumers, the deadlines that apply to both parties, the path from complaint to court, and where mistakes most often occur.
Who is a consumer
A consumer is a natural person who enters into a contract with a business that is not directly connected with their business or professional activity (Article 221 of the Civil Code (k.c.)). Consumer protection also partly extends to businesses operated by natural persons where the contract is connected with their business but is not of a professional nature for them – which is assessed, among other things, on the basis of the business activity entered in the Central Register and Information on Economic Activity (CEIDG). This covers, among other things, the right to withdraw from a distance contract, rights arising from lack of conformity of goods with the contract, protection against unfair contract terms and the consumer rules on statutory warranty (rękojmia) (Article 7aa of the Consumer Rights Act, Articles 3855 and 5564 k.c.). Bear in mind that the assessment of the "professional nature" of a contract depends on the circumstances – for purchases closely related to the business's sector, protection is, as a rule, not available.
Lack of conformity of goods with the contract – complaints
Since 1 January 2023, the Civil Code provisions on statutory warranty have not applied to sales of goods to consumers. The seller's liability arises from the provisions of the Consumer Rights Act on lack of conformity of goods with the contract (Article 43a et seq.).
When goods do not conform to the contract. What counts is not only the description and specifications in the contract, but also whether the goods are fit for their usual purposes, have the typical durability and safety, correspond to assurances given in advertising or on the label, and come with the packaging, accessories and instructions that can reasonably be expected (Article 43b). The business is not liable for a particular feature if the consumer was expressly informed of it and expressly and separately accepted it (Article 43b(4)) – for example, when selling outlet goods with a described defect.
For how long. The business is liable for a lack of conformity that existed at the time of delivery and became apparent within two years of that time. During those two years, the defect is presumed to have existed at the time of delivery – it is for the seller to prove otherwise (Article 43c(1)). The business cannot rely on the expiry of the period if it fraudulently concealed the lack of conformity (Article 43c(2)).
Which remedies and in what order. The consumer first requests repair or replacement. The business may replace the goods instead of repairing them (or vice versa), or refuse, only if the chosen remedy is impossible or would involve excessive costs (Article 43d(1)–(2)). Repair or replacement must take place within a reasonable time and at the business's expense – including shipping, labour, dismantling and reinstallation (Article 43d(4)–(6)).
The consumer may request a price reduction or withdraw from the contract where the business has refused or failed to repair or replace the goods, where the lack of conformity persists despite an attempt to repair, where it is serious enough to justify this immediately, or where it is clear that the business will not bring the goods into conformity within a reasonable time (Article 43e(1)). The consumer cannot withdraw from the contract if the lack of conformity is minor – but the Act presumes that it is material (Article 43e(4)). After withdrawal, the business refunds the price within 14 days of receiving the goods or proof that they have been sent back (Article 43e(6)). Until the business performs its obligations, the consumer may withhold payment of the price (Article 43f).
Deadline for responding to a complaint. As a rule, the business has 14 days from receipt of the complaint to respond, on paper or another durable medium (e.g. by e-mail). Failure to respond within that time means the complaint is deemed accepted (Article 7a of the Consumer Rights Act). For a business, this is one of the most important deadlines in its entire customer service.
Digital services and content. Separate rules apply to digital content and services – apps, subscriptions, games, files (Article 43h et seq.). For services such as renovation or repair, the Civil Code provisions on contracts for specific work generally apply, and these refer to the rules on statutory warranty in sale (Article 638 k.c.).
A guarantee is not the same as a complaint
A guarantee (gwarancja) is a voluntary undertaking by the guarantor – usually the manufacturer – set out in the guarantee statement (Article 577 k.c.). Unless a different period is stipulated, it lasts two years from delivery of the item (Article 577 § 4). The guarantee statement must clearly state that the guarantee does not affect rights arising from lack of conformity with the contract (Article 5771). The consumer may choose which route to take – a complaint to the seller and a guarantee claim against the manufacturer operate independently (Article 579). If the guarantor replaces the item or carries out a substantial repair, the guarantee period starts to run afresh (Article 581 § 1).
In practice, sellers often send the customer "to the manufacturer's service centre". The consumer is under no obligation to go there – they may file a complaint directly with the seller.
Withdrawal from a contract concluded online or off-premises
As a rule, a consumer may withdraw from a contract concluded at a distance (online shop, telephone) or off-premises within 14 days without giving any reason (Article 27(1)). For contracts concluded during an unsolicited visit to the consumer's home or an excursion, the period is 30 days (Article 27(2)). For a sale of goods, the period runs from taking possession of the goods (Article 28(1)), and for other contracts – from the day of their conclusion. To meet the deadline, it is enough to send the declaration before it expires (Article 30(2)). If the business has not provided information about the right of withdrawal, the period is extended – the right expires only 12 months after the end of the standard period (Article 29).
After withdrawal:
- the business refunds all payments, including the cost of delivery, within 14 days of receiving the declaration (Article 32(1)) – but only up to the cost of the cheapest standard delivery method it offered (Article 33); it may withhold the refund until it receives the goods or proof that they have been sent back (Article 32(3)),
- the consumer sends the goods back within 14 days of withdrawal and bears the direct cost of returning them, if informed of this (Article 34(1)–(2)),
- the consumer is liable for any diminished value of the goods resulting from handling them beyond what is necessary to establish their nature, characteristics and functioning (Article 34(4)).
The right of withdrawal does not apply, among others, to goods made to the consumer's specifications, goods that deteriorate rapidly, goods supplied in sealed packaging which cannot be returned once opened for hygiene reasons, services fully performed with the consumer's consent, and leisure or travel services for a specific date (Article 38).
Consumer credit
A consumer may withdraw from a consumer credit agreement without giving reasons within 14 days of its conclusion (Article 53 of the Consumer Credit Act). If the lender has breached certain information obligations or requirements concerning the content of the agreement, the consumer may – after submitting a written declaration – repay the credit without interest and other costs (the so-called free credit sanction, sankcja kredytu darmowego). This right expires one year after the agreement has been performed (Article 45(1) and (5)). We review credit agreements for such breaches and conduct the resulting disputes.
Unfair contract terms and practices infringing consumers' interests
A provision of a contract with a consumer that has not been individually negotiated and shapes the consumer's rights in a manner contrary to good practice, grossly infringing their interests, is not binding on the consumer – while the rest of the contract remains in force (Article 3851 k.c.). An indicative list of such terms is set out in Article 3853 k.c. – e.g. exclusion of the business's liability, unilateral amendment of the contract or grossly excessive penalties. In an individual dispute, this is assessed by the court.
Separately from individual disputes, the President of the Office of Competition and Consumer Protection (Prezes UOKiK) may, by decision, declare a provision of a standard contract unfair and prohibit its use (Articles 23a–23b of the Competition and Consumer Protection Act) and find that a practice infringes the collective interests of consumers (Articles 24 and 26) – e.g. misleading consumers about prices or obstructing complaints. For such infringements, the President may impose a fine of up to 10% of turnover (Article 106(1)). Anyone may submit a notification of a suspected practice of this kind (Article 100). A decision of the President of UOKiK may be appealed to the Regional Court in Warsaw (Sąd Okręgowy w Warszawie) – the Court of Competition and Consumer Protection – within one month of service (Article 81).
From complaint to court – how it usually works
- Complaint in writing or by e-mail – describing the lack of conformity, with the date of purchase, proof of purchase (receipt, invoice, confirmation of transfer or order) and a specific request. Keep a copy and proof of sending.
- The business's response – within 14 days. As a rule, no response means the complaint is accepted.
- Demand for payment or performance – where the complaint has been rejected, or accepted but not acted upon. A well-prepared demand often ends the dispute (see also debt collection).
- Out-of-court assistance – free help is available from the district or municipal consumer ombudsman (rzecznik konsumentów), who may also intervene with businesses and bring actions on behalf of consumers (Article 42 of the Competition and Consumer Protection Act). Mediation or arbitration is also possible if the business agrees to it.
- Statement of claim – as a rule, to the court of the defendant's place of residence or registered office (Article 27 of the Code of Civil Procedure (k.p.c.)) or the court of the place of performance of the contract, which for a sale of movable goods is the place to which the goods were or were to be delivered (Article 34 k.p.c.). Cases for payment of up to PLN 20,000, and cases under statutory warranty or guarantee where the contract value does not exceed PLN 20,000, are heard in simplified proceedings (Article 5051 k.p.c.). Where the value of the subject matter of the dispute exceeds PLN 100,000, the Regional Court (Sąd Okręgowy) has jurisdiction (Article 17(4) k.p.c.).
Court costs. In cases concerning property rights of up to PLN 20,000, the court fee on a claim is fixed and depends on the value – e.g. PLN 100 for an amount from PLN 500 to PLN 1,500, PLN 400 for an amount from PLN 4,000 to PLN 7,500, and PLN 1,000 for an amount from PLN 15,000 to PLN 20,000. Above PLN 20,000, the fee is 5% of the value of the subject matter of the dispute (Article 13 of the Act on Court Costs in Civil Cases). As a rule, the losing party reimburses the opponent's costs – an argument for a sound assessment of the prospects before filing a claim.
Limitation. A consumer's claims against a business become time-barred, as a rule, after six years, with the period ending on the last day of a calendar year (Article 118 k.c.). A business's claims connected with its business activity – as a rule after three years. Once the limitation period has expired, satisfaction of a claim against a consumer cannot be demanded (Article 117 § 21 k.c.), and the court takes this into account of its own motion.
For businesses
We advise online and bricks-and-mortar shops, service providers and manufacturers. Typical scope:
- drafting or reviewing online shop terms and conditions, standard contracts and returns policies – with regard to information obligations (Article 12 of the Consumer Rights Act) and unfair contract terms,
- complaints procedure: deadlines, template responses, rules for accepting and returning goods, distinguishing complaints from guarantee claims,
- responses to disputed complaints, demands and letters from consumer ombudsmen,
- representation in investigations and proceedings before the President of UOKiK and in appeals to the Court of Competition and Consumer Protection,
- litigation with consumers and with suppliers (recourse for defective goods).
The most common risks for a business are exceeding the 14 days for a response, restricting consumer rights in the terms and conditions (such provisions are invalid – Article 7 of the Consumer Rights Act), failing to provide proper information on the right of withdrawal (which extends the period to 12 months) and referring the customer exclusively to the guarantor.
For consumers
We will assess whether the complaint is well founded and which remedy is most advantageous, prepare the complaint, the withdrawal from the contract or a demand for payment and, if that does not help, a statement of claim. In disputes over small amounts, we will tell you honestly whether the cost of an advocate's help is justified and point out what you can do yourself or with the help of a consumer ombudsman.
What you can do yourself: file a complaint in writing or by e-mail with a specific request, withdraw from the contract using the statutory form or an ordinary declaration, keep evidence (photos of the defect, correspondence, proof of sending), and watch the deadlines. An advocate is useful where the business refuses despite a clear situation, a larger amount is at stake (e.g. a car, made-to-measure furniture, household appliances with installation, renovation work), the dispute concerns credit, or a claim needs to be filed.
Typical mistakes
- a complaint that does not state a specific request (repair, replacement, price reduction, withdrawal),
- a complaint made orally, with no record of the date and content,
- confusing a complaint with withdrawal from the contract within 14 days – these are two different legal mechanisms with different deadlines and consequences,
- using the goods after withdrawing from the contract, or returning them in a condition indicating heavy use,
- assuming that once the guarantee has expired "nothing more can be done" – rights arising from lack of conformity run independently,
- on the business's side: no response within 14 days, a response not on a durable medium, terms and conditions restricting statutory rights.
How we work
We start by reviewing the contract, the proof of purchase, the correspondence and photographs. We then give you our assessment: which rights you have, what the deadlines and risks are, and whether the dispute is worth taking to court. We prepare the documents, conduct negotiations and, if necessary, represent you in court (see litigation). Our office is in Gdańsk at al. Grunwaldzka; we assist clients from Gdańsk, Gdynia, Sopot and the whole of Pomerania, and many consumer cases can be handled entirely remotely. Book a consultation.
Frequently asked questions
How long does a shop have to respond to a complaint?
As a rule, 14 days from receiving it. If the shop does not respond within that time on paper or another durable medium, it is deemed to have accepted the complaint (Article 7a of the Consumer Rights Act).
Can I ask for a refund straight away instead of a repair?
As a rule, you are first entitled to a repair or replacement. You may withdraw from the contract immediately where the lack of conformity is serious enough to justify it, where the seller has refused or failed to repair or replace the goods, or where the defect recurs despite attempts to repair it (Article 43e of the Consumer Rights Act).
The product broke down after 18 months. Is the seller still liable?
Yes, if the defect existed at the time of delivery – and for two years from delivery the Act presumes that it did. It is for the seller to prove that the cause was, for example, improper use.
I bought something in a high-street shop. Can I return it within 14 days?
The statutory right to withdraw without giving reasons applies to contracts concluded at a distance and off-premises. When you buy in a high-street shop, returning goods that are not defective depends on the shop's goodwill and its terms and conditions. A complaint for lack of conformity with the contract is available regardless of where you made the purchase.
Who pays for sending the goods back after withdrawal from the contract?
The consumer bears the direct cost of returning the goods if the shop has informed them of this. The shop refunds the cost of delivery to the customer – up to the cheapest standard delivery option it offered. In the case of a complaint for lack of conformity with the contract, shipping costs are borne by the business.
I run a business. Can I rely on consumer rights?
In part, yes – if you are a natural person and the contract is not of a professional nature for you, which is assessed, among other things, according to the business activity entered in CEIDG. This covers, among other things, withdrawal from a contract concluded online, complaints for lack of conformity of goods with the contract and unfair contract terms.
Is it worth going to court over a few hundred złoty?
Sometimes, yes, but you need to weigh up the costs and the risk. The court fee for small amounts is low, cases of up to PLN 20,000 are heard in simplified proceedings, and the losing party, as a rule, reimburses the costs. Often, however, a well-prepared demand or the help of a municipal or district consumer ombudsman is enough.