Consumer Rights
Consumer Rights & Return Policies in Poland
Buying online carries a set of legal protections that many Polish consumers are aware of in general terms but rarely know in enough detail to act on effectively. This article covers the mechanics of the rights most relevant to e-commerce: the withdrawal period, the statutory warranty, and the channels available when a complaint is rejected.
The 14-day withdrawal right
Under the Act on Consumer Rights (Ustawa o prawach konsumenta) — Poland's implementation of EU Directive 2011/83/EU — any consumer who buys a product through a distance contract (including all online purchases) has the right to withdraw from the contract within 14 calendar days without giving any reason. This period begins on the day you receive the goods, not the day you place the order.
To exercise the right, you must notify the seller before the 14-day period expires. You can use the model withdrawal form that EU law requires sellers to provide, or any other unambiguous written statement — an email is sufficient. The seller cannot require a specific format beyond it being a clear declaration of withdrawal.
Once you have sent the notice, you have a further 14 days to physically return the goods. The seller must then refund the full purchase price — including the original delivery fee — within 14 days of receiving your withdrawal notice or the returned goods, whichever comes later. Refunds must be made using the same payment method you used unless you have explicitly agreed to something different.
Who bears the return shipping cost?
By default, the buyer pays for return shipping unless the seller has agreed in advance to cover it (many larger retailers do, particularly for fashion) or failed to inform you at checkout that you would bear these costs. If the seller omitted this disclosure, they cannot charge you for return shipping.
Condition of returned goods
You may inspect and test the product in the same way you would in a physical shop. You are responsible for any reduction in value caused by handling beyond what is necessary to establish the product's nature, characteristics, and functioning. Opening the box and trying on a pair of shoes is normal; washing and wearing them for a week before returning is not.
Extended withdrawal period: If the seller failed to inform you of your right of withdrawal before concluding the contract, the withdrawal period extends from 14 days to 12 months. Source: Your Europe – Returns & Refunds.
Exceptions to the withdrawal right
EU law lists categories of goods and services where the 14-day right does not apply. The most commonly encountered exceptions in Polish e-commerce include:
- Custom-made or personalised items (e.g. engraved jewellery, printed products with a custom design)
- Sealed goods that cannot be returned for health or hygiene reasons once opened (e.g. cosmetics, underwear, mattresses where the seal has been broken)
- Sealed audio, video, or software products once the seal is broken
- Perishable goods (food with a short shelf life)
- Digital content not supplied on a physical medium, once download or streaming has started (with your prior consent)
- Newspapers, periodicals, and magazines (except subscription contracts)
- Accommodation, transport, vehicle rental, catering, or leisure services for a specific date
A seller may not expand this list unilaterally. Any clause in a seller's terms of service that restricts the withdrawal right beyond these statutory exceptions is legally void.
The statutory warranty (rękojmia)
Separate from the voluntary manufacturer's warranty (gwarancja), every seller of goods in Poland is bound by the statutory warranty (rękojmia) under the Civil Code. This applies whether or not a voluntary warranty exists. For consumer contracts concluded after 1 January 2023, the rules follow EU Directive 2019/771 on contracts for the sale of goods.
Duration
The statutory warranty period is a minimum of two years from delivery. For second-hand goods, sellers may shorten this to one year in the contract terms, but no less. During the first year, there is a legal presumption that any defect existed at the time of delivery — the seller must prove otherwise. After the first year, the burden shifts to the buyer to demonstrate the defect was present at delivery.
What you can demand
If a product is defective or does not conform to the contract, you may request:
- Repair
- Replacement with a defect-free item
- A proportional price reduction
- Full refund and contract termination (for significant defects, or if repair/replacement has already failed once)
The seller chooses between repair and replacement initially; you may switch to a different remedy if the chosen one proves impossible, disproportionate, or has not been completed within a reasonable time.
Filing a complaint
Submit your complaint in writing (email is acceptable and creates a useful timestamp). State clearly what the defect is, when it appeared, what remedy you are requesting, and your deadline for a response — 14 days is the standard used in Polish practice. If the seller does not respond within 14 days, the complaint is considered accepted by default under Polish law.
Keep all packaging, labels, proof of purchase, and photographs of the defect. These are necessary evidence if the dispute escalates.
Escalation and dispute resolution
If a complaint is rejected or ignored, several channels are available:
- UOKiK – The Office of Competition and Consumer Protection can investigate systemic violations by traders and issue administrative decisions, but does not resolve individual disputes directly.
- District Consumer Ombudsman (Powiatowy Rzecznik Konsumentów) – A free local service that mediates disputes and can represent consumers in court. Find your local office via the UOKiK website.
- European Consumer Centre Poland – For cross-border disputes with sellers in other EU member states.
- EU Online Dispute Resolution platform – An online portal that connects buyers and sellers across the EU for out-of-court resolution.
- Consumer courts (Sąd polubowny przy UOKiK) – Free arbitration for disputes where the trader agrees to participate.