- 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
Pursuant to the Civil Code, a physical defect means that an item sold does not comply with the contract. In particular, an item does not comply with the contract if: a) it has no properties which an item of this kind should have, bearing in mind the purpose stated in the contract or ensuing from the circumstances or intended use: b) it has no properties declared by the seller, e.g. by presenting a sample or a model; c) it is unfit for the intended purpose disclosed by the buyer to the seller upon concluding the contract, as long as the seller has not objected to such purpose; d) it is incomplete at the time of issuing it to the buyer.
A sold item has a physical defect also if it is incorrectly installed or commissioned, as long as these activities are carried out by the seller or a third party controlled by the seller, or by the buyer acting in accordance with a manual received from the seller.
As regards “non-compliance with the contract”: the “contract” does not necessarily mean a written text. Conclusion of a sales contract does not need to be in writing. One must also be aware that a contract consists not only of explicit statements of intent made by the parties, but encompasses the entire agreement between the seller and the buyer, the content of which may also be context-sensitive.
An example: A person who bought an electric kettle has the right to expect that the device will actually boil water. If the kettle heats water up to only 40°C, then a physical defect exists. The seller cannot claim that they have never assured the buyer that the kettle would boil water, because boiling water is what electric kettles normally do. Unless any special arrangements have been made, the buyer has the right to expect that the item bought by them will have all standard functions.
An example: The buyer was looking for a spare part for a vehicle of a specific make (and notified the seller thereof). The seller offered such a part. After the transaction it turned out that the part does not fit. In such a case the seller cannot claim that the part itself is fully functional and therefore has no physical defects. Although in the colloquial sense the part is not defective (it would work very well in a car of a different make), the buyer specifically explained the intended use of that part. In this particular case, one of the elements of the sales contract is the seller’s assurance of the part’s compatibility with the buyer’s car. The fact that such assurance has never been made in writing is irrelevant.
In the case of consumer sales the notion of an item’s non-compliance with the contract is extended.