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Małgorzata Buczkowska, an attorney at law, was recently interviewed by "Men's Fashion" journalists, and spoke about consumer complaints.

 

Editorial staff: In which case the shop is obliged to accept a consumer complaint about a product (…)?

Małgorzata Buczkowska: First of all, there is no provision in Polish law which directly imposes the obligation to accept a complaint. However, it is commonly assumed, that in each case the seller must accept the claim as there is also no provision that would allow him to refuse that. I emphasize that making a complaint is not equival to its implication. The subject of the complaint, as well as the period of liability depends on whether the consumer will benefit from instigating warranty or reporting the inconsistency of the goods in comparison to the contract (…).

ES: What should the compensation be?

MB: The rights of the consumer who is going to benefit from the possibilities described in the "Act on special conditions for consumer sales" are set out in Article 8.1. of this Act. The provision allows the client to request for the goods which correspond to the contract, either by repairing them or replacing with new ones. We can claim refund only if repairing or replacing is not an option, as well as if the issue requires excessive costs from the seller. It is therefore not justified that the customer who reports the complaint is immediately seeking reimbursement of the price paid for the goods.

ES: What if the parties fail to reach an agreement (...)?

MB: Consumers often report their problems to the Consumer Ombudsman to take the action on their behalf. The contact with the Trade Inspection is also a tool. If the seller is not willing to reach an agreement with the buyer, we can always bring the case to court (…).

 

Sources: Men's Fashion 09/2011.

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