• Merchants rely on a variety of marketing tricks to lure customers into taking their decisions quickly and without much consideration. That is how they try to convince you to buy items you actually do not need, ones that are offered at excessive prices or are or poor quality.
• Below is a reminder of the rights you enjoy during the summer sale season.

The last days of summer sales have begun, meaning that discounts may reach 60, 70 or even 80 percent. We are prone to easily lose our heads in the frenzy of summer sales, prompting us to make the wrong choices.

“We should approach all hot, summer sales with a cool head. We have to make sure that the purchase is a true bargain. We need to shop around, make conscious choices and avoid quick, erratic purchasing decisions. We should follow the principle of sustainable consumption and refrain from buying enticed solely by the cheaper prices. We need to make good use of our money in these economically challenging times. We all should brush up our knowledge on the rights we enjoy, and we should exercise these – says Tomasz Chróstny, President of UOKiK.

What do we do with a discounted backpack whose grip gets torn off, with a loose T-shirt or wrong-size shoes from a Spanish e-store?

Tips by UOKiK and the European Consumer Center:

A backpack, bought with a discount, that broke after only a month? File a complaint.

• Purchased online or in a brick-and-mortar store (the purchasing method does not matter when filing a complaint)

If the handle of a backpack offered on sale gets torn off - we may still file a complaint. Signs reading “No complaints concerning products offered on sale are accepted” are illegal. The complaint shall be filed with the seller - preferably in writing. If a warranty book has been issued for the product, the complaint may be submitted directly to the warrantor (in most cases - the manufacturer of the product or its distributor). It is up to us to choose one of the two options.

Remember: If the price was lowered on the grounds of the product’s defect that we were aware of when making the purchase, no complaints may be filed with the seller.

A T-shirt that is too big? Return the product.

• Ordered online

When home shopping, we are not given the opportunity to try on the products. This means that the size- or style-related decisions we make are not always spot on. A T-shirt that is too big, purchased online and on sale, can be returned on the same conditions that apply to products bought outside the sale season. We have 14 days to submit a statement of withdrawal from the contract. The product should be returned over the next 14 days.

We have to remember, however, that some exceptions apply and not everything may be returned! If you order a personalized T-shirt, e.g. with a picture of your favorite pet - your return-related rights may be limited or waived altogether. The same applies to products with a short shelf life, an unpacked CD or a ticket for an event.

• Purchased in a brick-and-mortar store

When the purchase is made in a regular store - the return procedure depends on the good will of the seller. The seller may (but is not required to) provide for such a possibility in the store regulations, determining the applicable deadline and conditions (e.g. requiring that a receipt be presented, that the original tags and labels be present and the item be in an unaltered condition). In most cases, the specific practices adopted result from the policy of a given economic operator, and not from the applicable laws. Remember that items bought on sale may be covered by different return policies!

Foreign sales - what should we pay attention to?  

• EU store

If sale conditions are more attractive in the German branch of the same online store that operates in Poland as well - you have every right to make the purchase in the German store. The seller must not refuse customers from another EU country the right to make a purchase or access his website, as this is forbidden under geoblocking regulations. However, this does not mean that an e-store from another EU country is obliged to ship the goods to Poland. Before completing the transaction, verify the list of countries to which shipping is offered - it may turn out that such services are provided within Germany only.

Shoes bought in a Spanish e-store are too small - the seller will not always cover the cost of the returning them. When buying online (also in Poland) - it is the consumer who is responsible for covering the cost of returning the product if they change their mind. It is a good practice of some sellers to offer free returns. Before making the purchase, make sure to become familiar with the return policy in effect at a given e-store. The applicable information may be found in the store regulations. Are you wondering how much shipping to a different EU country will cost? Use the European Commission’s parcel price calculator.

• Store outside the EU

A speaker bought on sale in the USA - with VAT and customs added, the final price may be comparable to that offered in the EU. Parcels from outside the EU costing up to EUR 150 are subject to VAT, and those that are more costly - also to customs duties. 

Will the seller require a toy purchased in a Polish store to be sent back to China? The language and the domain symbol of a given website not always mean that the store is registered in Poland. This practice is often taken advantage of by intermediaries offering the dropshipping service. If the owner of a given website is an intermediary and the seller comes from China, you will be required to take care of shipping the goods back to China. Keep that in mind! It is much more difficult and troublesome to seek the satisfaction of your claims if the purchases are made outside the EU. Additionally, other regulations may apply. Before completing the transaction, check the store’s terms and conditions to verify the party you are concluding the agreement with, and make sure that you are not acting in the capacity of the importer.

Free assistance

Whenever we encounter any problems, we shall react by contacting competent institutions. Free legal assistance is offered at the following locations:

• Consumer Helpline - in simple cases not requiring any documents to be reviewed, call 801 440 220 and 222 66 76 76.
• E-counseling Consumer Center - in simple cases and in those requiring documents to be reviewed, write an e-mail to: porady@dlakonsumentow.pl and in Ukrainian, to: uaporady@dlakonsumentow.pl,
• European Consumer Center - in cross-border cases involving vendors from the European Union, the United Kingdom, Norway and Iceland. Website: konsument.gov.pl.
• Consumer ombudsmen in your town or district - in simple cases and in those requiring documents to be reviewed. Contact details are available at: www.uokik.gov.pl/pomoc.
• Provincial Trade Inspection Authority Offices - in simple cases and in those requiring documents to be reviewed. Contact details available at: www.uokik.gov.pl/wiih.

For more information, please visit www.prawakonsumenta.uokik.gov.pl

Consumer support:

Phone: 801 440 220 or 222 66 76 76 – consumer helpline
e-mail: porady@dlakonsumentow.pl
Consumer ombudsmen – in your town or district

Additional information for the media:

UOKiK Press Office
Pl. Powstańców Warszawy 1, 00-950 Warszawa, Poland
Phone +48 695 902 088, +48 22 55 60 246
E-mail: biuroprasowe@uokik.gov.pl
Twitter: @UOKiKgovPL