Poland Enters into Force The New Law In The Field Of Consumer Rights Protection

In Poland, December 25, 2014 entered into forcenew regulations on the protection of consumer rights, which 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 regulations that deal with the seller's responsibility for the quality of the goods sold. What does this mean for consumers?

First, the new law guarantees buyers in Poland obtaining exhaustive and significant informationeven before the conclusion of the contract. Here it is important to note that the buyer receives such a right not only in relation to contracts concluded at the enterprise, but also for a regular store.

Second, the law introduces provisions thatfacilitate the consumer's 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 the costs that he incurs in connection with the conclusion of the contract.

So, for example, if the buyer pays the goodsby means of a credit card, commission fees can not exceed the amount that is provided for this method of payment. In addition, the law prohibits the collection of excessively high fees for the use of the hotline, which customers use to clarify issues related to the conclusion of the agreement.

Thirdly, the period from 10 days to 14days, during which the buyer can withdraw from the contract without giving 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 such a case, the buyer may refuse the goods within one year (earlier the term was 3 months). Additionally, if the buyer has not received information about the costs associated with the return of goods, the law exempts the consumer from paying such costs.

Fourthly, the law on the protection of consumer rightsrestores the record of the consumer "defect" (previously there was a definition of "non-compliance of the goods with the contract"). Thus, the buyer gets more freedom in choosing the behavior in the case of buying goods with a defect. Previously, first of all, the buyer could demand the provision of repair or replacement of goods. Now the buyer can also demand a price reduction or can refuse the contract altogether.

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

Further, the law restores the applicationlegal provisions in the field of civil law relating to guarantees for the consumer. This means that if the entrepreneur providing the guarantee has not accurately indicated the content or the meaning of the guarantee, then the consumer has the right to apply his rights, which is granted to him by Civil Law. In the event that the guarantor has not determined the exact term of the guarantee, the guarantee is valid for 2 years.

And what advantages does this law give entrepreneurs?

First, uniform regulations for the entire EU zone,which greatly facilitates the conduct of business both on the territory of the EU and outside. Secondly, the law clearly defines the amount of information when and how an entrepreneur should provide this information to a consumer. The law also clearly defines the rules for refusing to comply with the terms of the contract, including in calculating the time limit, in matters related to costs associated with the return of the purchase, and the law specifies who and to what extent pays for expenses as a result of the failure to fulfill the contract and its terms. Moreover, the law includes rules on how to use the acquired item during the period when it is possible to terminate the contract. Thus, the introduction of clear rules, especially in an area where until now there has been no detailed regulation, facilitates entrepreneurs both the very implementation of the legal provisions, and reduces costs in conducting business.

In addition, the law standardizesresponsibility 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 non-conformity of the goods to the contract, which significantly complicated and increased costs in the consideration of various disputes.

The new consumer protection law alsofacilitates the filing and examination of statements of claim, because it includes clear definitions that relate to the recovery of claims related to the defect of the sold item in the chain of sellers. Such a decision makes it easier for the final seller to recover its costs incurred in connection with the performance of its obligations to guarantee the goods that was purchased from the supplier or manufacturer and is defective.