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).