- 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
Consumer sales – limitation of the seller’s freedom of choice
If the consumer demands price reduction or withdrawal from the contract and the seller responds by offering to repair the defect, the consumer has the right to demand replacement of the item. Similarly, instead of replacement proposed by the seller the consumer has the right to demand repair. The consumer cannot exercise these rights only if the selected option is unfeasible or involves excessive costs.
An example: In response to the complaint by a consumer wishing to withdraw from the contract the seller offered to repair a PC bought by that consumer. However, the consumer has the right to demand a new PC instead. This right will not be exercisable if the specific model of the PC in question is no longer manufactured and is not available on the market any more.