A visit to the retailer in connection with faulty goods can often use up our reserves of patience and empathy towards another human being to no end, not to mention a nervous breakdown. We often wander around like a child in a fog, not being quite sure what claims we are entitled to for non-conformity of goods. What exactly should one do when making a claim with a seller? Guarantee or warranty - which to choose? How long do they last? And above all, in what situations will it be taken into account and what, if not recognised?
Due to the amendment, which came into force in 2023, there has been a change in certain provisions, most notably the use of the Consumer Rights Act as a means of defining the customer's rights and requirements of the seller.
I hope that my article will give us confidence. At the same time, it will equip you with the necessary knowledge and will not let you off the hook when making a complaint. It pays to know your rights.
When we buy anything in a shop, we enter into a sales contract with the shop. The fact that we usually do not sign anything is irrelevant. Let us remember! A verbal contract is also a contract.
Guarantee and warranty - grounds for complaints when purchasing goods
There are 2 bases for complaints about purchased goods:
- warranty claim and
- under warranty.
In the following, I will try to outline the essential differences between a guarantee and a warranty. I will also point out their characteristics and their interdependence.
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GUARANTEE (not always)
The guarantee is provided by a so-called guarantor. This is not always the seller. Often the manufacturer also provides the guarantee.
The guarantee conditions are indicated in the guarantee document. Complaints on this basis are made to the guarantor indicated in this document.
Of course, it is not necessary to have a guarantee document in order to be able to make use of the guarantee. What is important, however, is that such a guarantee statement is received at all. It should be remembered that the granting of a guarantee by the guarantor is an expression of his goodwill. A guarantee may only be granted for specific components of the goods, e.g. a guarantee that does not cover the strap of a watch.
Duration of the guarantee
Usually, we are entitled to a guarantee for a period of 2 years from the date of delivery of the goods. However, a different period may be specified in the guarantee statement.
Delivery of goods
If we take advantage of the benefits of the guarantee, we often have to send the goods to the manufacturer or to another address indicated on the guarantee card. The costs of such delivery are covered by the guarantor, unless the goods are a four-door wardrobe, refrigerator or other large item. In such a situation, we should inform the guarantor of the defect and call on it to rectify the defect at the place where the goods are located.
Term of performance of the guarantor's obligations
Repair or replacement of the goods shall be carried out within the period indicated in the guarantee statement. If no such time limit is indicated, the guarantor shall repair or replace the goods within 14 days after the defective goods have been delivered or the product has been made available on site.
Important!
The guarantee period starts anew after the repair or replacement of the goods. If an intrinsic part of the item has been replaced, the warranty period starts anew for this part. For other parts, the warranty period continues to run from the date of purchase of the goods.
Suspension of the warranty period
It is important to note that if we exercise our rights under the guarantee, the time limit for exercising our warranty rights, as described below, is suspended from the date of notifying the seller of the defect. This means that although we address our claims under the warranty, for example to the manufacturer, we should also, preferably in writing, inform the seller of this fact, because only in this situation will it be possible to suspend the time limit for exercising warranty rights. Suspension extends the deadline by the duration of the warranty claim procedure.
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HANDLING (always)
The warranty is governed by the provisions of the Civil Code. The person to whom we make a complaint is always the seller (shop).
It is always up to the consumer to choose the legal basis for the complaint (warranty or guarantee)!
We can complain about goods if they have a defect. That is, it does not comply with the contract we entered into. For example, if we have bought a jacket in which the material has come apart after the first washing). To complain about the goods means to demand from the other party that the goods are brought into conformity with the contract we entered into. Compliant means free from defect.
Such restoration of the conformity of the goods with the contract may take place by:
- Replacement of the item with a non-defective item.
- Fixing things.
- Price reduction.
- Withdrawal from the contract, i.e. a refund for the goods combined with the return of the goods.
What defects result in the possibility of filing a complaint?
There are two types of defects in goods:
- physical,
- legal.
Physical defects of the goods are all those defects that make the goods not in conformity with the sales contract. This will include, for example:
- un-pressable button on the phone,
- a defective engine in a car if the seller assured you that it was functioning properly,
- 'wool' quilt, which turned out to be a simple synthetic,
- A "waterproof" watch up to 30m that stopped working after I washed my hands in it,
- a situation where goods have been delivered incomplete, e.g. a laptop computer has been delivered without a charging cable, a phone without headphones.
Legal defects, on the other hand, are those defects in the goods that cannot be seen. Nevertheless, they exist and give rise to a warranty claim against the seller. A thing will have a legal defect if:
- will be owned by another person who has not consented to the sale, or,
- when the property is encumbered by the right of a third party (pledge).
The legal disadvantage in the case of the sale of rights (copyright, programme licence) will be their non-existence.
Guarantee and warranty - replacement, repair or cashback?
If we notice that an item we have purchased has defects, we should inform the seller of this, indicating our demands as mentioned above.
Unfortunately, the freedom of choice is limited by the legislator through the seller's counter rights. We can only demand a price reduction or a refund of the purchase price if:
- the trader has failed to bring the goods into conformity with the contract;
- the trader has refused to make the goods conform with the contract by repairing or replacing them;
- the lack of conformity of the goods with the contract is such as to justify either a reduction in price or withdrawal from the contract without repair or replacement;
- the non-conformity of the goods with the contract continues even though the trader has tried to bring the goods into conformity with the contract;
- it is clear from the trader's statement or the circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience for the consumer.
In addition, in the case of a guarantee, a product that has already been replaced or repaired may be subject to arrangements in the guarantee agreement under which the consumer will not be entitled to claim a refund.
Important!
The buyer cannot withdraw from the contract if the defect is immaterial. For example:
- a broken remote control in a purchased television, or
- burnt-out light bulb in the car.
The situation is different in the case of a consumer sale. In this case, one of the parties to the contract is the trader, e.g. a shop, and the other is the individual (consumer). The consumer can choose between having the item repaired or having it replaced with a new one,. Regardless of how the seller proposes. The exception would be if the consumer's chosen method of bringing the item into conformity with the contract would involve:
- with excessive costs or
was not feasible, e.g. we request a replacement, but the manufacturer has already withdrawn a particular model of the phone from sale.
Guarantee and warranty - what is the time limit for making a complaint?
The period of the seller's liability under the warranty is 2 years from the delivery of the goods. The exception is real estate. Here, the period is 5 years (defects are reported to the developer).
Knew-didn't-tell- deceitful concealment of a defect
If the seller deceitfully concealed the defect, i.e. knew about the defect of the car being sold, but in order to sell it quickly concealed the engine defect from the buyer, a complaint can be filed regardless of the time at which the defect was discovered.
We are often confronted with situations in which we sell damaged goods, including vehicles. Of course, it is clear that if the buyer was aware of the defect at the time of sale, he cannot subsequently make a warranty claim for this reason. On the other hand, he can claim the goods due to another defect that has arisen within the above-mentioned periods, of which the buyer was not informed at the time of purchase.
The period during which the defect was discovered is one thing, the period for making a claim is another.
If the seller is liable for defects in the goods for two years from the delivery of the goods, and we notice the defect in the 24th month after receiving the goods (e.g. 14 June 2018), we still have 12 months (14 June 2019) to report such a defect. Thus, the period in which we can complain about the goods will in this case extend by a whole 12 months. Of course, it is worthwhile to make a complaint without waiting that long. Nevertheless, in some situations, the possibility of asserting one's warranty rights even one year after the discovery of the defect may help to save having to purchase new equipment.
Guarantee and warranty - how to make a claim?
Certainly, the written form is the most advisable form, although you can of course do this by taking the faulty product to the shop (if possible) and filling in the so-called complaint card. However, it is advisable to make sure that the receipt of the faulty product is noted, as well as the content of the request (replacement, repair, price reduction, cash refund). An important element of filing a complaint is to prove that the goods were purchased from the seller with whom you are filing a complaint.
It doesn't have to be a receipt!
There is a persistent myth that you need a receipt to make a claim. Well, you do not need one. Nevertheless, we need to demonstrate with something that the purchased goods came from the shop in question. This could be for example:
- statement of the account from which we paid for the goods,
- witnesses who accompanied us on our shopping trip,
- emails with correspondence from the seller.
The retailer does not have the right to make acceptance of a complaint conditional on us having a receipt.
Guarantee and warranty - Claims processing time
The time limit for dealing with a complaint is 14 days. Within this period, the seller should inform the buyer of his position. If he does not do so within this period, it will mean that the complaint has been accepted. Even if, in fact, the defect in the goods was the fault of the buyer. For this reason, it is advisable to ask for a confirmation of acceptance of our claim by the seller in order to avoid any doubt as to when exactly the claim was made. The time of 14 days is the time within which the buyer should be informed of the seller's position, not the time when the response only came from the seller. A negative response from the seller in respect of the goods complained of opens the way for us to pursue our complaint claims in court.
With such a body of knowledge about complaints and knowing one's rights in this area, one will certainly be able to get through more than one complaint procedure. We hope that there will be as few of these as possible. It is worth knowing your rights in order to oppose uninformed sellers or those who think they know everything better than you. Let us take care of ourselves and our legal awareness, because, as the basic principle of law says: ignorantia iuris nocet - ignorance of the law harms.
70 comments
Good morning, brilliant and helpful article. I have a few questions and concerns. I made a warranty claim 7 days ago. It concerned a set of speakers for a 5.1 computer, after less than a year the centre speaker started to crackle, squeak and a buzzing sound came from the subwoofer when idle. I considered that the defect firstly became apparent less than a year after the goods were released, secondly 2 important components are not working properly and as a request I chose to withdraw from the contract and the seller in the box whether I agree to repair marked "no" . Today I received a text message that they were inviting me to the showroom to complete the complaint process. I decided to call the shop to get more information. I was informed that the speaker had been repaired. According to the information I found on the UOKiK website, the retailer has the right to repair the loudspeaker, but before doing so, they must offer it to me and cannot do so without my knowledge. Do I understand correctly that in this case I should be informed that the repair is possible and that I agree to it? Can I appeal against their decision? If there is nothing I can do then I have another two years of warranty rights from the moment I receive the repaired goods? I should add that the seller had already filled in the warranty form at the time of the complaint and despite my information that I wanted to use the warranty. Fortunately, I read what I was signing and managed to change it in time. Also worth reading carefully. Please help and best regards.
Unfortunately, it is common practice for sellers to submit a claim form and for the seller to tick the guarantee box. As a result, the goods are claimed on the basis of the manufacturer's terms and conditions, so to speak, removing the responsibility for the non-conformity of the goods with the contract from the seller. Coming back to the issue. Indeed, the seller, while accepting the complaint, should have informed you that they intend to repair the goods. Why? Because the equivalent solution you could have used was to replace the goods with new ones. In this case, you may request a replacement on the grounds that you did not agree to the repair. Unfortunately, in the current legal framework, the period allowed for the exercise of warranty rights is not extended when the goods are replaced or repaired.
Can I ask what I should do if I took a faulty item (coat) to a shop, the seller immediately recognised the complaint, informed me that the amount I had paid would be refunded as paid, i.e. to my bank account within a few working days. I received a confirmation printout. Unfortunately, after a week the money had not been refunded. I wrote to the seller and received a message that the money would be returned to my account within 15 working days. After 15 working days, I contacted the seller again and got the same message. It has been over a month since my complaint was accepted and the seller has not refunded my money. How do I enforce the refund?
Perhaps a good solution in this situation would be to ask the Consumer Ombudsman to intervene or use the Financial Ombudsman. You should certainly call on the seller in writing to pay the money by a specific date with the threat that you will file a lawsuit for payment in court after the deadline has expired without success.
Good afternoon, I have a question from the other side. Someone bought a product in our online shop. At the time of purchase, he gave his details as the buyer and his shipping details (the same). After some time, a lady wrote to us (from a different email address than the buyer) and claimed to be his wife. She made a complaint. She wrote clearly that we were to "deal" with her (at her e-mail address and telephone number) on all matters relating to the complaint about this product. When we informed her that it was only with the buyer that we could write, discuss any complaints about this order, she said this was not true. Who is right?
The purchaser has the right of recourse. The buyer may use an attorney or a legal representative, which is undoubtedly the wife, for the legal action taken. In the case of internet sales, both the buyer and the attorney must prove their power of attorney when taking the action. In the case of internet sales, there is the problem of establishing the identity of the buyer. The data provided during the purchase, such as name, surname and e-mail address, serve this purpose. This data identifies the buyer. In the absence of a power of attorney, these data are the only means of identification. If a wife wishes to act as a substitute for her husband, she would have to present a power of attorney.
Good day, the seller acknowledged the complaint on the basis of the warranty. He asked for a return by parcel post, which is cheaper for him. Do I have to return the goods this way or can I send them back e.g. by my courier or the Polish Post Office, which is more expensive?
The first paragraph of Article 3(3) of Directive 1999/44/EC, which was implemented into the Polish Civil Code in Article 561 /2/ para. 1 and 2 of the Civil Code provides that the consumer may require the seller to repair the goods or may require the seller to replace them, in both cases free of charge, unless this would be impossible or disproportionate.In turn, Article 3(4) of Directive 1999/44/EC stipulates that the phrase 'free of charge' appearing in paragraphs 2 and 3 of this provision refers to the necessary costs related to the restoration of the goods to conformity, in particular the costs of shipping, labour and materials. Thus, if it is possible to send the advertised goods at a lower price for the same service, this option should be used, unless there are objective reasons why sending the goods by parcel post cannot be done.
A very helpful article. However, what if the seller is the Polish Post Office, which as you know does not print receipts, secondly the sales department claims that the toy is supposed to work as it does, which is not true and thirdly I no longer have the manual so they would not accept it anyway. How do I fight for my rights in this situation, does there really need to be a manual? Is the Post Office an outlaw?
Poczta Polska, as the seller, is also obliged to comply with the legal provisions on complaints. Please put in writing that you are submitting a warranty claim and indicate how you would like the case to be resolved. Poczta Polska must accept the complaint. If it does not do so, it would be worthwhile to refer your action to the Consumer Ombudsman.
I purchased a corner sofa from an online shop and paid extra for the delivery service. The corner unit was damaged during transport or moving and, according to the manufacturer, the repair required taking the unit to the factory for several weeks, which was an undue inconvenience for me. The transport company, which also carried the furniture, was hired by the guarantor and listed the service on the purchase invoice. Do I then have to bear the cost of bringing in the damaged furniture?
According to article 548 paragraph 3 of the Civil Code, the seller, who has chosen the carrier himself, is responsible for the consignment ordered by the consumer on the internet until it is handed over to the recipient. This means that the seller is liable towards the consumer for, among other things, its damage during transport. If a piece of furniture has been damaged by the transport company, the seller is liable to you for the entire loss you suffered as a result of this, including the transport costs incurred.Of course, the seller may then have recourse to the transport company for reimbursement of the transport fees paid to you. However, this matter should be dealt with by the vendor directly with the company he used.
Good day, I have purchased a fridge from a large shop, in addition with a "warranty extension" (insurance), the term of which starts two years after the date of purchase of the fridge. This was the date written by the salesman in the shop, informing me that the fridge has a manufacturer's warranty for 2 years from the date of sale. At home, I read the warranty terms and conditions and it turned out that the equipment is guaranteed for 2 years from the date of purchase, but no longer than 3 years from the date of manufacture of the equipment. The fridge had just been manufactured three years earlier, meaning that the manufacturer's guarantee no longer applied on the day of sale. The seller not only misinformed me that the manufacturer's warranty was 2 years, but also sold me insurance, which does not start until those two years. Do I have any claims against the seller?
Irrespective of the guarantee, you may lodge a complaint against the seller on the basis of the warranty. If the seller has assured you that an item has certain qualities that it does not have, e.g. that the item has a guarantee, but in fact it does not, you can complain about this item in accordance with the provisions of the Civil Code on the warranty.
My question is. Does the start of the 14 day period for a response begin on the day the warranty complaint is sent or on the day the item is delivered to the seller? I advertised a large food processor. The purchase was online. Complaint by electronic means (email). The seller himself ordered a courier. I would like to add that in the complaint I described the defect (essential, significant) in great detail and sent accurate, documenting photos.
The 14-day period should be counted from the moment the seller has become or could have become acquainted with our request (Article 61 of the Civil Code). Thus, this will be the day on which the correspondence reached the seller. On the other hand, on the 14th day at the latest, we should receive information from the seller as to whether he acknowledges our claim. In order for the seller to meet the deadline, it is therefore not sufficient to post the letter at the post office on the 14th day of receipt of our claim. What is crucial is whether the buyer has, or could have, seen the seller's response within this period.
Good morning.
I purchased a washing machine. Along with the washing machine I also bought other appliances (fridge, electric hob etc). The purchase was made on 4/09 and the delivery on 7/09. The goods were delivered on a pallet by courier. The appliances stood in the flat and were then installed. After commissioning the washing machine for the first time, it turned out that it was leaking (early November). I reported the defect to the shop and they advised me to call the warranty service. The service technician found a mechanical defect, which could have occurred for example during transport, and refused to repair it. I contacted the shop under warranty and was told that they did not know what had happened to the goods for more than 2 months after purchase and that they could not be held responsible for the damage. What can I do? I reported the defect to the shop as soon as I discovered it. Is the shop not responsible for the goods it sells?
As the seller, the shop is obliged to accept your complaint under the warranty. The complaint must contain the necessary information, such as the fact that it is a complaint under the warranty and a clear statement of what you want: a replacement, repair or price reduction. If these elements are included in the complaint letter, the shop has 14 days to respond. If the time limit has expired, the retailer will be deemed to have agreed to resolve the complaint in the manner you have indicated. Unfortunately, I do not know what kind of service came to you and for what reason. If it was on the basis of a warranty complaint, it means that the seller did not accept the complaint. In such a situation, I would suggest that you go to the consumer ombudsman and ask him to intervene and write a letter to the seller or, alternatively, that you go to the financial ombudsman for proceedings before him. The last option is to sue for payment.
Good afternoon, I run a one-man business - a carpentry shop. I purchased a cutting saw. The product was clearly broken - it shuddered, cut inadequately and there were disturbing noises during operation. I approached the seller, he sent me back to the service centre (there is no possibility to file a warranty in the shop). The service department repaired the equipment under warranty - the repair was made so that the protector piece was blocking the saw and posed a health/life hazard when cutting. The equipment continues to work as it did before being returned to the service. I know exactly how the equipment works and should work, as I have used two of the same tools in a previous job, so in terms of the defect I have no doubt. What are my rights now?
This is not true. We always lodge a warranty claim with the seller. Now the question is: Under which procedure did you have the equipment repaired at the service centre? Guarantee or warranty? If it is a warranty, you can file a second claim, this time with the dealer, requesting a rescission of the contract or a price reduction. Make this request in writing. The retailer will then have 14 days to respond to your request and either accept or reject it.
Good morning,
I have complained about kitchen fronts, the shop no longer has them in stock and I have been told to pay extra for the equivalent (the most similar looking) because they are now more expensive - do I have to pay the difference in price if it is not my fault that they have withdrawn the fronts from sale? Best regards
Hi. What to do when we purchased an engine over the phone (engine searched on allegro and seller's website). After delivery by courier it turned out not to be the item as on the auction, the engine was in terrible condition. The mechanic fitted it and it turned out that it was not running, it was simply broken. After contacting the seller (who was confused, as if he knew what engine he had sent and wanted to deceive us on purpose), the courier came and took the broken one and then brought the one that was actually supposed to come. However, when we contacted the seller at the time, he said that they would compensate for the mechanic's work (i.e. the assembly and disassembly of the broken one). Now when we call about this they have stated that they will not give any money. Where clearly the fault is on their side. I would also add that we have photos of the old and new engine and recordings and to this recordings of the conversation with the seller. What to do in this situation?