Basis for liability for defects

The  consumer’s rights act took effect on December 25, 2014. The act changed regulations regarding liability for defects in products sold. This overview presents the seller’s liability scheme determined by the new legislation.


The said scheme applies to contracts concluded on or after December 25, 2014. Contracts concluded before that date are governed by earlier legislation.


An important change is complete repeal of the act on special conditions of consumer sales (full name: act of July 27, 2002 on special conditions of consumer sales and on amending the Civil Code). However, it does not mean that special protection is no longer available to consumers. Provisions addressing consumer sales will be contained in the  Civil Code, and not in a separate act of law.


The seller may be liable under  warranty or  guarantee.