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Returning goods bought online: Polish consumer / UK seller

A Polish consumer bought a dress from a UK seller's website but decided she did not like it when it arrived.

She returned the goods within the cooling off period that she was entitled to under the EU...
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Purchase of goods and services - general rules


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The uniformed market in the European Union provides a wider range of products and services to consumers to choose the best available offer. Consumers can enjoy a wide selection of goods: assorted products available on the European Union market are wider than ever and euro allows to easily compare prices. Manufacturers must maintain low price level because they sell products on one huge competitive market. Mutual recognition of technical standards means that the products that are legally available for sale in one of the Member States may also be offered in the remaining the European Union states. Consumers buying goods and services are protected by the same provisions of the consumer law across the European Union; it is worthwhile to know them before we set on our European shopping tour.

Legal Basis in Exercising Consumer Rights

At the European level, issues relating to sales and complaints are regulated by the Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171/12,7.7.1999). It should be stressed that the document sets minimum protection standards, but in practice, the consumer, who claims compensation may not rely on only this one Directive. Additionally, specific Member States may set higher level of consumer protection through setting more strict requirements towards entrepreneurs than the level provided for in the Directive.

In Poland, consumer rights in this area are regulated under the Act of 27th July 2002 on special conditions of consumer selling and on amending the Civil Code (Journal of Laws No. 141, item 1176 as amended).

Parties to a Sales Contract

The Directive applies to the contracts concluded between consumers and entrepreneurs. Only a natural person that acts for the purpose not-relating to the commerce, enterprise or profession may be a consumer. For example, if on behalf of our employer, we are buying a printer which is defective, then it is not the case when consumer rights may be referred to.

Another party in the cross-border selling is a natural or legal person who sells goods as part of such person's trade, business, or professional activity. Such definition produces an effect that while buying products from individuals that are not professionally involved in the business, we are not protected by the consumer law.

For example, to the European Consumer Centre come consumers that bought a second-hand car in Germany. The analysis proves that the car was purchased from an individual. It should be stressed that in such cases, the buyer has no rights resulting form the"non-conformity of the goods with the contract of sale". In such case a civil law is applicable, and specifically the provisions setting the rules on the fulfilment of obligations and the liability for the improper fulfilment of obligations.

Cost of the Purchase

If we are buying a product that we planned to buy earlier, it is worthwhile to compare prices and selling terms and conditions in various states and outlets. They may differ considerably among particular states or even particular stores in the same country. It is also recommendable to check the opinions regarding specific outlets. On the uniformed market the terms and conditions of sales as well as the prices are diversified.

An opinion on a given store may be found on the Internet, we may ask a friend or even a travel guide. However, we should maintain certain distance towards such opinions. The European Consumer Centre in Poland helped a consumer to claim compensation from a seller in Spain, who at the advice of a tour operator, made a purchase in a store recommended by this tour operator and was cheated. As it turned out later, the tour operator had commission on the goods sold to foreign tourists.

Nowadays, the comparison of goods prices in different countries is slightly easier because the majority of the European Union Member States belong to the "euro zone". However, for Poles the value of a product has still to be translated into the Polish currency with the consideration given to the foreign exchange difference. While making shopping abroad, we have to pay particular attention to the "final" price of the product, such as the price of the product subject to the method of payment. It is recommendable to find out the cost of the international money transfer.

Buying a product we need to know whether it is possible to send it to a target destination (in another country) and how long it will take. We also need to know the price of a transport, packaging, transport insurance, taxes to be paid and terms and conditions of payment (before / after the delivery, method of payment). Such information should be included in the bill / guarantee.

We should also pay our attention whether the goods are properly marked, e.g. is there CE mark on the product, is the price presented in an accessible way, is the product original, does the sales contract include incomprehensible statements or small print notes. Such details may get us into serious trouble and additional costs.

A consumer in Norway, for example, bought a mobile in a small shop, at a better price than a similar one in Poland. He received a sales contract in unclear print in English, which he read carefully when he came back home. To his surprise he found out that the contract included a provision that he was aware of the fact that he was buying a "fake-toy".

Operating manual and technical parameters should be read before buying a product. We should examine whether the product will match our other technical devices. It may turn out for instance, that a new graphics card that we bought, may be impossible to install in an old computer and that the thing is useless for us. Nowadays, sellers are not under the obligation to make refunds. Besides, additional costs for the contact with a seller abroad and a refund request for the product will be charged to us.

Upon the purchase, we should obtain basic documents without any additional charges: receipt or the invoice, instructions for assembly and operating manual, and possibly warranties or guaranties.

Where to File a Complaint?

In the first place, it is the seller who is liable for a defective product. The seller must listen to our complaints. Considering the distance, the contact with the seller abroad is more difficult. However, we should inform the seller about the situation and give him a chance to take proper measures. Sometimes an entrepreneur having its head office abroad may direct us to a related company in Poland.

If we exercise our rights under a warranty we have to check who is a warrantor in this specific case. Most of the warranties are issued by goods manufacturers. Then we have to file a complaint to the manufacturer/seller service, whose address should be indicated in the warranty. Regardless of such option, the seller is required to offer us further assistance.

For the purpose of evidence we should report about existing defect in writing, upon the receipt confirmed by the entrepreneur (link to the text how to settle a dispute with the entrepreneur).

Who Should Prove that the Product Is Defective?

Any defect revealed within six months since the delivery date will be presumed to have existed at the time of delivery. It is specifically important in cross-border trade. The ECC net experience shows that often after six months a consumer has to prove that the product was defective from the beginning. In most cases, it is necessary to submit a request for a formal expert opinion and incur costs of such opinion, then to persuade a seller to recognise such expert opinion. It is a difficult task for the cross-border trade.

Two Methods of Filing a Complaint

While filing a complaint about a defective product, we may select legal grounds for our complaints:

  • based on the so-called "non-conformity of the product with the contract of sales",
  • warranty-based complaint.

The choice should be based on a careful analysis of a number of issues: available ways of avoiding defects, costs of repair and delivery to service, complaint investigation deadlines and complaint settlement. In the light of buying goods abroad each aspect of making a complaint is specifically important. For instance, a warranty may indicate that the goods purchased in Spain may be taken to every authorised product service for repairs. In case of a non-compliance of the product with the sales contract-based complaint the product needs to be sent to Spain, wait for repair and be re-delivered to Poland.

What Is Non-conformity of the Product with the Contract of Sales?

For the purpose of the Directive, the product is compliant with contract when it fulfils the following criteria:

  • matches the description provided by the seller;
  • matches the sample presented to a consumer;
  • is fit for the consumer's specific purposes that the seller was informed of;
  • matches the features that are normally expected from this type of products;
  • has features that a consumer may reasonably expect;
  • publicised information (in an advert, on a label) of the seller, manufacturer or their representatives is accurate with their representation.

Improper assembly of goods by a seller or independently by a consumer, if performed according to the operating manual, is also considered as non-compliant. This means that we are not liable for the damage if we break a product following the seller's instructions for assembly. It is a seller who is held responsible for the damage caused by improper assembly.

The seller is not held responsible for the non-compliance of the product with the sales contract if the consumer was aware of such non-compliance upon the contract execution or if it results from the quality of materials supplied by the consumer.

We should check the proper operation of devices in the store. This gives us a chance to check whether all components have been delivered and whether a given item is in the running order and what noise level it produces. It is also an opportunity to ask the seller how handle the complicated functions of the device.

What Are the Consumer Rights?

In the first place, the consumer may request the following:

  • to get the goods repaired or
  • to get the goods replaced.

According to the Directive, the repair or replacement should be performed within the reasonable time limit and should not cause significant inconveniencies for the consumer with the consideration given to the good features and purpose of the purchase. In practice, subsequent repairs of the same product do not have much sense because the product is more often at the service outlet than in the consumer's use. To the European Consumer Centre came a consumer, who bought a bike while on holiday in France. The product had already to be repaired in Paris. Soon after coming back to Poland, the bike was not fit for use. It was repaired, though, but in a few days it had to be repaired again. The consumer was proposed to get the bike repaired again. In such cases we should be aware of the fact that we are entitled to replacement. The consumer gathered opinions from other users that this model often breaks. So the replacement is not always a solution.

When the goods cannot be repaired or replaced the consumer has right to:

  • appropriate price reduction or
  • cancellation of the contract.

Discussing the above rights it has to be mentioned that depending on the circumstances, sometimes only one of these rights have sense. The reduction of price of a camera if the zoom is blocked has not got much sense because the consumer still is not able to make photos. However, if we buy a refrigerator, which is slightly scratched, it is better to request the price reduction than do without the product for a dozen or so days before a trader overseas delivers a new product.

Is a Consumer Protected when the Warranty / Guarantee Is Lacking?

Any terms and conditions agreed on with the seller before reporting the defect that prejudice the consumer rights are not valid for the consumer.

Additionally, the right to claim the non-conformity of the goods with the contract of sales is independent on the rights under the guarantee.

Terms and Conditions of the Warranty / Guarantee

The warranty / guarantee is free of charge seller's or manufacturer's responsibility for the repair or replacement of the goods that do not match the terms and conditions described in the representation or an advert.

Legal acts on the European or national level set very few requirements relating to the warranty document. In practice the warranty provisions are a perfect test representing the entrepreneur's attitude toward the consumer. A warranty written in a clear language and including specific information shows the care for the consumer.

The warranty should at least indicate the following:

  • details and warrantor domicile,
  • territorial boundaries.

The warranty may also include other provisions. They specify the term of the warranty, warrantor's obligations, consumer rights, time of the repair or replacement, costs of the goods delivery to the service outlet, and so on.

The warranty may also specify what conditions the consumer should fulfil to exercise his rights. For example, to the European Consumer Centre came a consumer that bought a car in Belgium, but during his holiday in Poland the car needed to get a repair. Although the repair was performed in the authorised garage of this car brand the consumer had to pay for the repair. As it turned out, the lack of the mandatory periodical inspection check of the car deprived him of rights under the warranty.

The warranty should be in writing or drawn up on another permanent media available for the consumer.

European Warranty

Provisions of the law, either on the European or national level, do not refer to the European warranty. The term is applied in trading therefore lawyers as well as consumers or sellers interpret it in different ways.

The European warranty is such a warranty document that specifies the territorial boundaries of the warranty validity. If the area is restricted to Europe it has a common name of the European warranty. It happens however, that the manufacturer extends its territorial cover and the warranty is valid in any country worldwide. Then it is called the international warranty.

Representations made by the warrantor that the goods may get repair in any country worldwide may be misleading if such warrantor does not indicate specific service outlets, in which we may get the repair. After finding a defect, we shall have to contact the seller again to settle the service outlet address.

Another problem appears when the warrantor maintains that the goods can be replaced in any country in the brand-related authorised service. Many consumers complain that specific repair outlets do not recognise the warranty issued by a brand representative abroad. The problem is linked to the way specific companies operate.

To recapitulate, we have to remember to check, while making a purchase, whether specific name, address, and telephone are indicted in the warranty document. If the provisions are general, we may request that the seller provide specific information.

Deadlines in the Complaint Settlement Process

The seller is responsible for the non-compliance of goods with the sales contract existing upon the delivery/buy and was revealed 2 years after the delivery date. Exceptionally, the seller responsibility for the second-hand goods may be restricted up to 1 year. The consumer's consent is required for such a restriction.

If we make the warranty-based complaint, we need to check the warranty expiry date. The warrantor could set any expiry date and is responsible for the product until its expiry date.

Some Member States, like Poland, have introduced a regulation that to exercise consumer rights to the warranty, the consumer has to inform a seller about the defect within two months since the date when the non-compliance of goods with the sales contract was discovered.

A half year period is still another period binding for the parties during which it is surmised that the defect was there at the time of buying. At a later time, the consumer must proof the fact.

Pursuant to the Polish act the seller, who receives the consumer complaint form with specific requests from the consumer, has fourteen days to resolve the problem otherwise the complaint is deemed to be justified.

However, the consumer complaint settlement time is not strictly defined. The complaint should be handled within the reasonable time and consideration to the type of the goods and the purpose of the purchase. Another criterion is to repair the goods as promptly as possible so as not to expose the consumer to inconveniencies.

Costs of the Complaint

The issue is of the utmost importance when we make our complaint. A consumer, who bought home theatre, came to the European Consumer Centre. When the equipment broke the seller requested that the equipment be sent to a service outlet in Germany at the consumer's expense. The whole equipment weighed over ten kilos and the consumer paid a lot of money for sending the goods for repair. At the end, apparently one of the cables was broke so the cost of repair in Poland on "one's own" was a minor problem in relation to high shipment costs.

The costs we have to incur while making a complaint depend on the fact whether we claim compensation under the warranty or under the non-conformity of the goods with the contract of sale.

If our complaint is under the non-conformity of the goods with the contract of sale-based, then the consumer's claims are settled free of charge at each stage and any outgoings have to be reimbursed.

The cost of a complaint settled under the warranty depends on the provision of the warranty document. The warrantor could considerably limit the scope of the warranty and we have to incur most of the expenses. It is a standard practice to preclude from the warranty such elements that are subject to break in course of frequent use. The consumers often complain that the repair was free of charge but they paid other expenses relating to the complaint, e.g.: costs of delivery of the goods to an overseas service outlet, costs of international telephone calls in order to make the complaint to an entrepreneur. It happens that the warranty requires from the consumer the fulfilment of specific conditions, so that he can make a claim.

As an example, a complaint against one of the international car dealers was submitted to the European Consumer Centre. A consumer bought a car in Belgium, received a warranty form a dealer representative in Germany and the car got a repair in the authorised service outlet in Poland during the holiday. Despite holding a warranty recognised by the Polish representative of the car dealer, the consumer had to pay for the repair. The facts and document analysis revealed that the warrant requested that the periodical inspection was supported by the company booklet with the stamp indicating the last mandatory inspection date. The consumer had most likely, the label on the front screen including information on the car inspection date. So the consumer did not comply with the terms and conditions of the warranty and had to incur financial consequences. However, it is a rare case that we know the detailed provisions and exclusions on the warranty documents regarding many items that we have in our houses, which may reveal defects.

What Arguments Advanced by the Seller Are True?

The seller is not held responsible and is not liable for public representations (in an advert, during the product presentation), if:

  • he proves that he had not been aware of such representation,
  • he proves that the representation was adjusted,
  • he proves that the representation could not possible bear any influence on a decision to buy consumption goods.

For instance, if an entrepreneur offers goods in many colours and according to an advertisement "the goods are available in all colours". The seller may claim that he was not aware of such mistake in the advert. Besides, the colour criterion is of major importance only while buying selected products, for instance a new couch that must match the interior decoration.

Another issue that surprises consumers is �no refunds" policy. The seller may refuse to take the goods back and refund the cash. And he is entitled to do so...

Can I Get My Money back?

It happens that during a shopping mania we spot a beautiful dress from the latest collection and must have it in our wardrobe. On the following day, in the opinion of our friends, the beautiful dress apparently does not suit us or our favourite shoes. Sometimes we come to such conclusion after coming back from the holiday abroad. We would like to return the dress and get our money back.

Unfortunately, in the European Union Member States sellers are not under the obligation to make cash refunds for the goods free from any defects. However, if the seller, showing concern for the client may refund the cash and take the goods back. For this reason, we have to ask at the time of making a purchase, whether an option of refund is available. If we get a positive answer, it has to be confirmed in writing on a receipt.

Are My Rights the same when I Buy Goods in a Sale or Second-hand?

Buying goods in sales promotion or in a sale the consumer has the same right for complaint as at any other time. Check your rights!! Of course we cannot complaint a bout the goods because of a defect that was the reason for the price reduction. So buying a jacket with some of the buttons missing, and that was the reason that the jacket was sold cheaper, we must be aware of the fact that the complaint regarding the faulty fastening of the jacket will not be allowed. If, however, it turns out that the jacket washes off and leaves spots on our clothes, we are fully entitled to claim the compensation.

"Shopping in Europe" Guide

The Guide briefly presents consumer rights and obligations on the uniformed market. The Guide includes questions regarding specific European Union Member States. In the first place, there is a possibility of comparing terms and conditions of the warranty / guarantee, prices and methods of payment, stores opening hours, basic consumer rights, and local taxes in specific states.

Making use of "Shopping in Europe" Guide you can be sure that you know your rights and obligations while being abroad.

"Shopping in Europe" Guide is available in the head office European Consumer Centre and in electronic format on our website.