In Poland Enters Into Force A New Law In The Field Of Consumer Protection

In Poland, 25 December 2014 entered into force the new provisions on consumer protection, which was developed by the Ministry of Justice taking into account directives of the European Parliament and the European Council. The Ministry of Justice  streamlined and integrated the provisions relating to the liability of the seller for the quality of the product sold. What does this mean for consumers?

First, the new law guarantees customers Poland obtaining comprehensive and essential information before the conclusion of the contract. It is important to note that the buyer receives such right only with respect to agreements concluded at the enterprise, but it also applies to the usual shop.

Second, the law introduced provisions which facilitate the consumer's orientation in the costs associated with the contract. In accordance with the new regulations it is now a seller must inform the buyer of all costs that it incurs in connection with the conclusion of the contract.

For example, if the buyer pays for the goods by credit card, fees can not exceed the amount that is provided for this method of payment. Additionally, the law prohibits the charging of excessively high fees  for the use of the hotline, which is used by clients to clarify the issues related to the agreement.

Third, it increases the time from 10 days to 14 days, during which the buyer can withdraw from the contract without providing reasons. Thus, the purchaser gets a longer period for decision making. The act also provides for the situation where the user provides information about the 14-day period of failure: in this case, the buyer may reject the goods within one year (previously the term was 3 months). Additionally, if the buyer has not received information on the costs associated with the return of the goods, the law exempts a consumer from paying such costs.

Fourth, the law on protection of consumer rights restores the record  consumer "defect" (previously existed in the definition of "conformity agreement"). Thus, the buyer receives greater freedom in the choice of behaviour in case of purchase of defective product. Earlier in the first place, the buyer could request repair or replacement of the product. Now the buyer can also demand price reduction or can withdraw from the contract.

The law also extends the responsibility of the seller up to 5 years for defects in the property purchased.

Further, the law restores the application of the provisions of civil law relating to the guarantees for the consumer. This means that, if the entrepreneur providing  a guarantee inaccurately indicated the contents or meaning of a guarantee, the consumer has the right to exercise its rights, it is a Civil right. In the case when the guarantor has not determined the exact warranty period, warranty is valid for 2 years.

And what are the advantages the law gives to entrepreneurs?

First, a single regulation for the whole area of the EU, which greatly facilitates doing business in the EU and outside. Second, the law clearly defines the size information when and how the owner must provide this information to the consumer. The law also clearly defined rules for the waiver of compliance with the terms of the contract, including in the calculation period,  issues related to costs when returning a purchase, as well as the law specifies who and how much pays for the expenses resulting from the failure of the contract and its terms. Moreover, the law includes rules, how to use the purchased thing during the period when you can rescind the contract. Thus, the introduction of clear rules, especially in the area where the still was not detailed regulation facilitates entrepreneurs as the execution of legal provisions and reduces costs in the conduct of activities.

Additionally, the law standartisied the liability of any seller for the product quality. Earlier the businessman was responsible for the quality of the product in two areas: defects and lack of conformity to contract, which greatly complicates and increases the costs when considering the various disputes.

A New law on consumer protection also facilitates the submission and consideration of claims, as it includes a clear definition regarding the reimbursement of claims related to a defect of the sold thing, in the chain of sellers. This solution facilitates the end-seller the reimbursement of its expenses incurred in connection with the performance of his duties on a warranty item that was purchased from the supplier or manufacturer and has a defect.