- 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
Time limit for withdrawal from the contract – distance sales and off-premises sales
The time limit for withdrawal from the contract is 14 days. The time limit starts running: 1) in the case of a contract by virtue of which the trader issues the item and is obliged to transfer its ownership – on the date of collecting the item by the consumer or by a third person indicated by the consumer (other than a carrier), and in the case of a contract which: a) covers multiple items delivered separately, in batches or in parts – on the date of collecting the last item, batch or part; b) covers regular deliveries of items over a definite period of time – on the date of collecting the first item: 2) in the case of other contracts – on the date of concluding the contract.
Time limits are calculated in accordance with the Civil Code. In particular, it must be remembered that: - when calculating a time limit the day on which the initiating event occurred does not count; - the time limit ends at the end of its last day (i.e. at 24:00 hours of the last day of the time limit); - if the end of the time limit falls on a statutory holiday, the time limit ends on the following day (note: Saturdays are not considered statutory holidays).
An example: a time limit began on April 17, 2015 (Friday). The fourteenth day thereafter is May 1, 2015. If May 1 had not been a statutory holiday, the time limit would have ended at 24:00 on May 1. However, May 1 is a statutory holiday, so the time limit will end at 24:00 on May 2 (Saturday).
If the consumer is not notified by the seller about the right to withdraw from the contract, the time limit for withdrawal is extended to 12 months. If the seller notifies the consumer about the said right at a later date, the consumer will be able to withdraw from the contract within 14 days after such later date.