Rights of Consumers and Entrepreneurs

1. Consumer Rights (Applicable to Natural Persons Not Engaged in Business Activities)

If you are purchasing goods or services for purposes that are not directly related to your trade, business, or profession, you are classified as a consumer under Polish law, specifically under the Act of May 30, 2014, on Consumer Rights (Ustawa z dnia 30 maja 2014 r. o prawach konsumenta).

As a consumer, you are entitled to the following legal protections:

1.1. Right of Withdrawal (Odstąpienie od umowy) – 14 Days Without Stating a Reason

• You have the right to withdraw from a distance contract (e.g., an online purchase) or an off-premises contract (e.g., a sale outside a store) within 14 days without providing any reason.
• The withdrawal period starts from the day:
  • You, or a person authorized by you (other than the carrier), receive the product.
  • In case of multiple goods ordered in one order but delivered separately, the last item is received.
  • In case of a contract for the regular delivery of goods over a specified period, the first delivery is received.

1.2. How to Exercise the Right of Withdrawal

To exercise your right of withdrawal, you must send a clear statement (e.g., by email or postal letter) to us, informing us of your decision to withdraw from the contract. You may use the withdrawal form template provided in our Terms of Service, but this is not mandatory.

Upon withdrawal:

• We will refund all payments received from you, including delivery costs (except for additional costs incurred due to choosing a delivery method other than the least expensive standard delivery method we offer).
• The refund will be made no later than 14 days from the day we receive your withdrawal notice.
• We will use the same payment method you used for the purchase unless expressly agreed otherwise.

1.3. Obligations of the Consumer in Case of Withdrawal

• You must return the goods within 14 days of notifying us about the withdrawal.
• You bear the direct cost of returning the goods unless otherwise agreed.
• The product must be returned in its original condition, unused beyond what is necessary to establish its nature, characteristics, and functioning.

1.4. Exceptions to the Right of Withdrawal

The right of withdrawal does not apply in the following cases, as specified in Article 38 of the Polish Consumer Rights Act:

• Goods that are custom-made or personalized to your specifications.
• Goods that deteriorate quickly or have a short shelf life.
• Sealed goods that cannot be returned for health or hygiene reasons if unsealed after delivery (e.g., cosmetics, medical devices).
• Goods that, due to their nature, become inseparably mixed with other items after delivery.
• Digital content that is not provided on a tangible medium (e.g., downloads, online subscriptions) if performance has begun with your express consent and acknowledgment of losing the right of withdrawal.

1.5. Legal Guarantee of Conformity (Rękojmia za wady)

• Under Article 556 and subsequent articles of the Polish Civil Code (Kodeks cywilny), consumers are entitled to a legal guarantee ensuring that goods conform to the contract.
• If the product is defective, you have the right to request:
  • Repair or replacement of the item.
  • A price reduction or contract termination if repair or replacement is impossible or unreasonably costly.
• The seller is liable for defects that become apparent within two years from delivery. If a defect arises within one year, it is presumed to have existed at the time of delivery.  
  

1.6. Additional

  The rights of a consumer and an entrepreneur purchasing for business purposes but not for the buyer to withdraw from an agreement within 14 days.

Business Purchases (B2B Transactions - Przedsiębiorcy Kupujący w Celach Biznesowych)

If you are purchasing goods or services for a purpose directly related to your trade, business, or profession, the following provisions apply:

2.1. No Right of Withdrawal

• Entrepreneurs do not have the 14-day right of withdrawal unless the purchase is unrelated to their professional activity (see Section 3 below).
• All cancellations and returns are governed by contractual terms agreed upon between the parties.

2.2. Liability for Defects (Odpowiedzialność za wady – Rękojmia w obrocie B2B)

• Under Article 558 of the Polish Civil Code, in B2B transactions, liability for defects can be limited or excluded by contract.
• The entrepreneur must inspect the goods immediately upon receipt. If defects are found, they must notify the seller without undue delay.
• If no timely complaint is made, the entrepreneur loses the right to claim liability for defects.

2.3. Warranty (Gwarancja)

• A commercial warranty is only applicable if explicitly offered by the manufacturer or seller. It does not replace legal liability for defects unless otherwise stated.
  
  

3. Sole Proprietors with Consumer Rights (Przedsiębiorcy na prawach konsumenta)

Under the amendment to Article 385(5) of the Civil Code, effective January 1, 2021, sole proprietors (jednoosobowi przedsiębiorcy) may enjoy some consumer rights if they purchase goods not directly related to their business activity.

3.1. When Do Sole Proprietors Have Consumer Rights?

A sole proprietor is treated as a consumer if:

• The purchased goods or services are not of a professional nature, meaning they are not directly linked to their registered business activity.
• This is determined by the business activity codes (PKD) registered in the Central Registration and Information on Business (CEIDG).

3.2. Consumer Rights Granted to Sole Proprietors

If a sole proprietor qualifies, they are entitled to:

• The 14-day right of withdrawal (if the purchase is non-professional).
• Protection against unfair contract terms (clauses abuzywne) under consumer protection laws.
• Legal warranty rights (rękojmia) as applicable to consumers.

However, they do not gain full consumer protection, such as participation in consumer dispute resolution schemes offered by state authorities.