- 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
- 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
- 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
- Trader
- Warranty
- Withdrawal from a distance contract or an off-premises contract
- Withdrawal from the contract
- Withdrawal statement form
Claims for compensation
The buyer may demand that the seller rectifies damage resulting from the fact that the buyer concluded the contract being unaware of the defect, even if the defect is a consequence of circumstances for which the seller is not liable. In particular, the buyer may demand reimbursement of the costs of concluding the contract, collecting, shipping, storage and insurance of the purchased item, as well as reimbursement for investments made to that item (to the extent to which such investments have not benefited the buyer).
Claims for compensation are irrespective of the seller’s obligation to pay for the cost of returning the item.
An example: The buyer’s cost of travel to the seller’s location for the purpose of concluding the contract and collecting the item amounted to PLN 500.00. The item’s purchase price was PLN 1400.00. The buyer identified a serious defect and made an effective statement on withdrawal from the contract (the seller did not offer prompt repair or replacement). The cost of sending the item back to the seller is PLN 200.00. In such a situation, the seller is obliged to refund to the buyer the purchase price (PLN 1400), the cost of concluding the contract and collecting the item (cost of travel – PLN 500) and the cost of returning the item (PLN 200).