- START – buyer’s rights
- Article 560 § 3 of the Civil Code
- Basis for liability for defects
- Buyer’s warranty rights
- Civil Code
- Claims for compensation
- Consumer’s rights act
- Consumer sales – consequences of non-response to the consumer’s claims
- Consumer sales – extended notion of sold item’s non-compliance with the contract
- Consumer sales – limitation of the seller’s freedom of choice
- Consumer sales – period of prescription
- Consumer sales – presumption of the defect’s existence upon transferring the risk to the buyer
- Costs incurred by the consumer withdrawing from the contract
- Cost of removal and reinstallation in consumer sales
- Distance contracts
- Guarantee document
- Guarantee statement
- Improper performance of the contract
- Legal defects
- Major defect
- Minor defect
- Non-performance of the contract
- Obligations of a trader buyer
- Off-premises contracts
- Physical defects
- Price reduction
- Quality guarantee
- Refunds (upon withdrawal from a distance contract or an off-premises contract)
- Repair or replacement of an item
- Returning an item (upon withdrawal from a distance contract or an off-premises contract)
- Time limits – warranty
- Time limit for withdrawal from the contract – distance sales and off-premises sales
- Withdrawal from a distance contract or an off-premises contract
- Withdrawal from the contract
- Withdrawal statement form
Buyer’s warranty rights
The buyer first of all has the right to demand that the item is repaired or replaced with a defect-free one.
The choice of the right to be exercised is with the buyer. However, the buyer cannot withdraw from the contract in the case of a minor defect. On the other hand, in the case of major defects the seller cannot challenge the buyer’s choice.
An example: If a purchased car has a defect consisting of a serious engine malfunction, the buyer can freely choose whether to ask for price reduction or to withdraw from the contract. However, if the defect is a small scratch on the paintwork, then the buyer cannot withdraw from the contract and can only make a statement on price reduction.
In the case of consumer sales the seller is obliged to respond to the consumer’s claims within 14 days. Failure to observe that time limit causes a number of adverse consequences for the seller.
If the buyer exercises their warranty rights, they can additionally make claims for compensation.
The Civil Code allows for contractual extension, limitation or even waiving of warranty liability. However, such waiving or limitation is ineffective in the case of fraudulent non-disclosure of a defect to the buyer.
Waiving or limitation of warranty liability is inadmissible in the case of consumer sales, unless a given regulation explicitly allows it. An example of such voluntary limitation is the possibility to shorten the time limit of the seller’s liability in the case of second-hand items. The seller may limit their liability for defects in a second-hand item to 1 year after issuing it to the consumer.