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JOURNAL OF LAWS
OF THE REPUBLIC OF POLAND
Warsaw, 24 June 2014
Item 827
ACT
dated 30 May 2014.
on Consumer Rights1,2
Chapter 1
General provisions
Article 1. This Act shall govern the rights vesting in consumers, including, without limitation:1) the obligations of a trader entering into a contract with a consumer;2) the rules and the procedure to be followed when entering into distance contracts and off-premises contracts with
consumers;3) the rules and the procedure to be followed when the consumer exercises the right vesting in him to withdraw from a
distance contract or an off-premises contract;4) the rules and the procedure to be followed when entering into a distance contract for financial services with aconsumer;
Article 2. The terms used in this Act shall mean:

1) distance contract – a contract concluded with a consumer within the organised distance contracting system without
the simultaneous physical presence of the parties, with exclusive use of one or more means of distancecommunication up to and including the moment the contract is concluded.
2) off-premises contract – a contract with a consumer concluded:a)in the simultaneous physical presence of the parties in any place other than a trader’s business premises,b) as a result of an offer being accepted which is made by the consumer in the same circumstances as referred to inpoint a,1This act implements, within its regulatory scope, Directive 2011/83/EU of the European Parliament and of the Council of 25 October
2011 on Consumer Rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of theCouncil and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (Official
Journal of The European Union, L 304 of 22.11.2011, p. 64), Directive 1999/44/EC of the European Parliament and of the Council of 25
May 1999 on certain aspects of the sale of consumer goods and associated guarantees (Official Journal of The European Union, L171 of
07.07.1999, as amended) and Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the
distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC(Official Journal of The European Union, L 271 of 09.10.2002, p. 16), recently amended by Directive 2007/64/EC of the European
Parliament and the Council of 13th November 2007 (Official Journal of The European Union, L 319 of 05.12.2007, p.1).
2
This act shall amend the following: the Act of 23 April 1964 on the Civil Code, the Act of 20 May 1971 on the Code of Petty Offences,
the Act of 22 May 2003 on Insurance Mediation, the Act of 22 May 2003 on Compulsory Insurance, the Insurance Guarantee Fund[UFG] and the Polish Motor Insurers’ Bureau [PBUK], the Telecommunications Act of 16 July 2004, , the Act of 23 August 2007 on
Counteracting Unfair Commercial Practices, the Act of 4 February 2011 on International Private Law, the Act of 12 May 2011 on
Consumer Credit, and the Act of 8 March 2013 on Plant Protection Agents, and shall repeal the following: the Act of 2 March 2000 on
Protection of Certain Consumer Rights and the Liability for Damage caused by a Dangerous Product, and the Act of 27 July 2002 on
Specific Terms and Conditions of Consumer Sale and amendments to the Civil Code.

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at the trader’s business premises or by means of distance communication immediately after personal andindividual contact was made with the consumer in any place other than the trader’s business premises, in thesimultaneous physical presence of the parties,d)during an excursion organised by the trader with the aim or effect of promotion or conclusion of contracts with
consumers;

business premises:a)a place of business constituting either real estate or a part thereof, where the trader conducts business on apermanent basis,b)

any movable place of business, where the trader conducts business customarily or on a permanent basis;

4)

durable medium – material or a device giving the consumer or the trader the possibility to store information addressedin person to them in a way accessible for future reference for a period of time adequate for the purposes of theinformation and which allows the unchanged reproduction of the information stored;

5)

digital content – data produced and supplied in digital form;6) public auction – a means of contract conclusion in which bids are submitted to an auction organiser within atransparent competitive bidding system by consumers who either participate or are given the possibility to participate inperson in that procedure, and where the successful bidder is bound to conclude a contract.
Article 3. 1. The provisions hereof shall not be applicable to contracts:1)

regarding social services, social housing, childcare, support of families and persons permanently or temporarily in
need, including long-term care;2)

related to gambling;3)

concluded with a trader who makes frequent and regular rounds during which foodstuffs, beverages and other goods
intended for everyday household consumption are delivered to a consumer’s place of residence, stay or their place of
work;

4)

related to passenger transport, save as provided for in Article 10 and Article 17;

5)concluded via automatic vending machines or automated points of sale;6)

concluded with a provider of services referred to in Article 2 subparagraph 27 point (a) of the Telecommunications
Law of 16 July 2004 (Journal of Laws of 2014, items 243 and 827) through a public payphone for their use orconcluded for the use of one single connection by telephone, Internet or fax established by a consumer;

7)

related to health services provided by healthcare professionals for patients in order to evaluate, maintain or improvetheir health, including prescribing, dispensing, and making available of medicinal products and medical devices,
regardless of whether they are offered via healthcare facilities;

8)

related to tourist events, as specified in the Act of 29 August 1997 on Tourist Services (Journal of Laws of 2014, item
196);

9)

referred to in Article 1 paragraph 1 of the Act of 16 September 2011 on Timeshare (Journal of Laws No. 230, item
1370);

10) concluded off the business premises, where the consumer has an obligation to pay an amount of up to fifty zlotys.
2. The provisions hereof shall not be applicable to sales made as part of enforcement proceedings or insolvency
proceedings connected with liquidation of insolvent estate.
Article 4. 1. The provisions hereof shall not be applicable to contracts which relate to the creation, acquisition andtransfer of ownership title to real property or other real property rights, as well as to rental of accommodation forresidential purposes, save as stated in the provisions of Article 2, which shall be applicable unless separate provisions
provide otherwise.

2. The provisions hereof shall not be applicable to financial services contracts, including without limitation: banking
activities, consumer credit facilities, insurance activities, contracts concerning participation in an open investment fund,specialised open investment fund, closed investment fund, specialised closed investment fund, and a mixed investment
fund, and payment services - except distance financial services contracts, to which the provisions of chapters 1 and 5 shallbe applicable.
Article 5. 1. Provision of a service which was not requested by a consumer, referred to in Article 9 point 6 of the Actof 23 August 2007 on Counteracting Unfair Commercial Practices (Journal of Laws No. 171, item 1206 and of 2014, item827) shall be performed at the risk of the trader and shall not impose any obligations whatsoever on the consumer.
2. The consumer’s lack of response to an unrequested service shall not constitute consent to the conclusion of acontract.

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Article 6. Provisions concerning contracts creating an obligation to transfer the ownership title shall be applicable toany contract whereby the trader is required to transfer the ownership title and to perform a service.
Article 7. Consumers shall not waive the rights bestowed upon them herein. Provisions which are less favourable for a
consumer than the provisions hereof shall be void and the provisions hereof shall apply in place of such provisions.

Chapter 2
The trader’s obligations in contracts other than off-premises contracts or distance contracts
Article 8. The trader is required to provide the consumer, in a clear and comprehensible manner, no later than the
moment the consumer expresses their will to be bound by a contract, with the following information, if that information is
not already apparent from the context:

1)

the main characteristics of the contract performance, including the goods and services to be provided, and the meansof communication with the consumer;2)

the trader’s identity, including without limitation information about the business name, the authority which registered
the business and the registration number of that business, the address of the trader’s seat, and its telephone number;3)

the total price or remuneration for the goods or services, tax included, or where the nature of the goods or services
does not reasonably allow calculation of the price or remuneration in advance – the manner in which the price or
remuneration is to be calculated, as well as delivery or postal charges or any other charges, where those charges
cannot be determined, the fact that such charges may be payable; in cases of an indefinite term contract, or a contract
which includes subscription, the trader is obliged to state the total price or remuneration, covering all the payments forthe accounting period, as well as all the costs the consumer is required to bear;

4)

the manner and time limit for contract performance by the trader as well as the complaint review procedure applied by
the trader;5)

the trader’s liability for the quality of the performance as provided for in the provisions of law;6)

the after-sales services and the guarantee;

7)

the duration of the contract, or, in the case of an indefinite term contract or where the contract is to be automaticallyrenewed, the manner and grounds for serving notice of termination of the contract;8)

the functionality, including applicable technical protection measures, of digital content;

9)

any relevant interoperability of digital content with computer hardware and software.

Article 9. The provisions of Article 8 shall not be applicable to day-to-day transactions of low value performed
immediately at the time of their conclusion.
Article 10. 1. The trader is required, no later than the moment the consumer expresses their will to be bound by acontract, to obtain explicit consent of the consumer to any additional payment which exceeds the agreed remuneration for
the trader’s core contractual obligations.
2. Where the trader fails to obtain explicit consent of the consumer but the trader assumes that consent is given due toapplication of default scenarios, which the consumer has to rebuff so as to avoid the additional payment, the consumer isentitled to reimbursement for the additional payment made.
Article 11. Without prejudice, as referred to in Article 2 point 27 (a) of the Telecommunications Law of 16 July 2004,
to the service provider’s right to charge fees for telephone calls, if the trader specifies a phone number for contact
concerning contract-related issues, the consumer shall not be charged for dialling that number a rate higher than the rate formaking a regular telephone call, stated on the price list of the service provider of the consumer’s choice.

Chapter 3
A trader’s obligations in off-premises contracts or distance contracts
Article 12. 1. A trader is required to provide the consumer, in a clear and comprehensible way, no later than the
moment the consumer expresses their will to be bound by a distance contract or an off-premises contract, with thefollowing information:1)

the main characteristics of the contract performance, including the goods and services to be provided, and the meansof communication with the consumer;

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2)

the trader’s identity, including without limitation information about the business name, the authority which registered
the business and the registration number of that business;3)

the trader’s address, e-mail address, and telephone and fax numbers, if available, which the consumer can use toquickly and effectively contact the trader;4)

the address for consumer complaints, if different from the address referred to in point 3;

5)

the total price or remuneration for the goods or services, tax included, or where the nature of the goods or services
does not reasonably allow calculation of the price or remuneration in advance – the manner in which the price or
remuneration is to be calculated, as well as freight, delivery or postal charges or any other charges, where thosecharges cannot be determined, the fact that such charges may be payable; in cases of an indefinite term contract, or acontract which includes subscription, the trader is obliged to state the total price or remuneration, covering all the
payments for the accounting period, and where the contract provides for a fixed rate – also about the total monthly
payments;

6)

the costs of using a means of distance communication for the purposes of concluding a contract, if such costs exceed
the standard fees for using the means of communication;7)

the method and the time limit for payment;8)

the manner and time limit for contract performance by the trader as well as the complaint review procedure appliedby the trader;9)

the manner and the time limit for exercising the right to withdraw from a contract pursuant to Article 27, as well as
about the model withdrawal form attached as appendix no. 2 hereto;10) the costs incurred by the consumer for return of goods in the case of withdrawal from the contract; in relation to
distance contracts – the costs of returning goods, where the nature of the goods makes them impossible to send backvia the standard postal service;11) the consumer’s obligation to pay reasonable costs incurred by the trader pursuant to Article 35, where the consumer
withdraws from the contract after a request is made pursuant to Article 15 paragraph 3 and Article 21 paragraph 2;12) the lack of the right to withdraw from a contract pursuant to Article 38 or of circumstances in which the consumer
loses the withdrawal right;
13) the trader’s obligation to deliver goods free of defects;
14) the guarantee and its content and about after-sales services and the manner in which they are provided;15) the code of best practice referred to in Article 2 point 5 of the Act of 23 August 2007 on Counteracting Unfair
Commercial Practices and the manner of becoming familiar with this code;16) the duration of the contract, or in the case of an indefinite term contract or where the contract is to be automaticallyrenewed, about the manner and grounds for serving notice of termination of the contract;17) the minimum duration of the consumer’s obligations arising under the contract;18) the amount and the manner of providing a deposit or issuing other financial guarantees which the consumer isrequired to provide upon the trader’s request;19) the functionality, including applicable technical protection measures, of digital content;20) any relevant interoperability of digital content with computer hardware and software of which the trader is aware or
should be aware;21) the possibility of having recourse to an out-of-court complaint and redress mechanism and the methods for having
access to it.
2. If a contract is concluded on behalf of another trader, information on that trader’s identity, as specified in paragraph
1 subparagraphs 2 to 4, should be provided.
3. In cases of public auctions, the information referred to in paragraph 1 subparagraphs 2 to 4 can be substituted withinformation about the auction organiser.
Article 13. The information referred to in Article 12 paragraph 1 subparagraphs 9 to 11 can be provided by means of
the model instructions on withdrawal, attached as appendix no. 1 hereto. A trader who serves a consumer with instructions
complying with the model instructions attached as appendix no. 1 hereto fulfils the information requirements stipulated in
Article 12 paragraph 1 points 9 to 11.

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Article 14. 1. In the case of off-premises contracts, the trader is required to provide the consumer with the informationreferred to in Article 12 in paper form; or if the consumer agrees, recorded on any other durable medium, in a clear mannerand in simple language.

2. In cases of distance contracts, the trader is required to provide the information referred to in Article 12 in a manner
appropriate for the used means of distance communication, in a clear manner and in simple language.
Article 15. 1. The trader is required to release to the consumer the document constituting an off-premises contract orconfirmation of conclusion of such a contract in paper form, or if the consumer agrees, recorded on any other durable
medium.
2. The same method shall be applied where the trader gives the consumer confirmation of receipt of consent fordelivery of digital content in circumstances resulting in the loss of the right to withdraw from a contract.
3. Where the consumer explicitly requests that the provision of a service or the supply of water, gas, or electricity –where these supplies are not restricted by volume or of a set quantity, or heat, be commenced before the time limit forwithdrawal from an off-premises contract expires, the trader shall request that the consumer submit an explicit statement
making that request, recorded on a durable medium.
Article 16. 1. Where an off-premises contract is concluded in which the amount of contractual remuneration is lessthan six hundred zlotys, the consumer has requested that the trader perform a maintenance or repair service, and where
both the trader and the consumer perform their obligations immediately, the trader is required to:1) provide the consumer with the information referred to in Article 12 paragraph 1 subparagraphs 2 and 3, as well as any

information concerning remuneration and the way it is to be calculated;
2) present a total cost estimate in paper form, or if the consumer agrees, recorded on any other durable medium;3) provide the information referred to in Article 12 paragraph 1 subparagraphs 1, 9 and 12, with the stipulation that where

the consumer agrees, such information does not have to be recorded on paper or on some other durable medium.
2. The contract document or confirmation of conclusion of the contract, which are to be released by the trader to theconsumer pursuant to Article 15 paragraph 1, shall contain the data specified in Article 12.
Article 17. 1. Where a distance contract concluded via means of electronic communication imposes on a consumer apayment obligation, the trader is required to provide the consumer, clearly and explicitly, with the information referred toin Article 12 paragraph 1 subparagraphs 1, 5, 16 and 17 immediately before the consumer places the order.

The trader shall ensure that, at the moment the order is placed, the consumer confirms explicitly that the consumer
is aware of the fact that placing the order entails a payment obligation.

2.

If ordering requires pressing a button or using a similar device, they shall be clearly labelled with the words: “orderwith payment obligation” or with any other clear and synonymous expression.
3.

4.

Where the trader fails to satisfy the requirements laid down in paragraphs 2 or 3, the contract is not concluded.

Article 18. Electronic commerce websites shall provide, explicitly, clear and intelligible information about
restrictions concerning delivery and about the accepted payment methods not later than during the initial phase of placing
an order.
Article 19. Where technical characteristics of the used means of distance communication restrict the size of a data
package or the time for submission thereof, the trader is required to provide the consumer with information concerning atleast the core features of the trader’s performance, information identifying the trader, the total price or remuneration, theright to withdraw from the contract, and the duration of the contract, before the contract is concluded; in the case of anindefinite term contract, information must also be provided about the manner and grounds for serving notice of terminationof the contract. The trader is also required to provide the consumer with other information, as referred to in Article 12
paragraph 1, pursuant to Article 14 paragraph 2 .
Article 20. 1. Where the trader contacts the consumer by telephone with the aim of concluding a distance contract, thetrader is required to inform the consumer about this aim and provide information identifying the trader, as well as
information identifying the person on behalf of whom the trader is calling.

2. Where the trader offers conclusion of a contract to the consumer via the telephone, the trader is required toconfirm the content of the contract in question on paper or any other durable medium. The consumer’s statement ofconclusion of the contract is effective if it is recorded on paper or any other durable medium, once confirmation is received
from the trader.

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Article 21. 1. The trader is required to provide the consumer with confirmation that a distance contract has beenconcluded on a durable medium within a reasonable time after the conclusion, and not later than at the moment of deliveryof goods or before the service has commenced. The confirmation shall comprise:1) the information referred to in Article 12 paragraph 1, unless the trader provided the consumer with the information
recorded on a durable medium before the contract was concluded;2) information that the consumer has given consent to delivery of digital content in circumstances resulting in the loss of
the right to withdraw from a contract.
2. Where the consumer explicitly requests that the provision of a service or the supply of water, gas, electricity –where these supplies are not restricted by volume or of a set quantity, or heat, be commenced before the time limit forwithdrawal from a contract expires, the trader shall request that the consumer submit an explicit statement making thatrequest.
Article 22. The information referred to in Article 12 paragraph 1 constitutes an integral part of a distance contract or an
off-premises contract and shall only be amended upon explicit mutual understanding between the parties.
Article 23. Where a trader fails to satisfy the information requirements concerning additional payments or other costs
referred to in Article 12 paragraph 1 subparagraph 5, or goods return costs referred to in Article 12 paragraph 1 point 10, a
consumer shall not bear these payments or costs.
Article 24. The burden of proof that the information requirements laid down in Article 12 have been complied withrests with the trader.
Article 25. The provisions of Article 10 and Article 11 shall be applicable to off-premises contracts and to distancecontracts.
Article 26. In cases of any discrepancies between the provisions of Articles 12 to 23 and the provisions of the Act of 4
March 2010 on Providing Services within the Territory of the Republic of Poland (Journal of Laws No. 47, item 2783, as
amended) and the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws of 2013, item 1422)
the provisions hereof shall apply.

Chapter 4
The right to withdraw from a contract
Article 27. A consumer who concludes a distance contract or an off-premises contract may withdraw from thecontract within 14 days without giving any reason and at no further cost, with the exception of the costs referred to in
Article 33, Article 34 paragraph 2 and Article 35.
Article 28. The time limit for withdrawal from a contract starts:
1) with respect to contracts under which the trader is required to hand over and transfer ownership title to the goods –from the moment a consumer or a third party, other than a forwarder, designated by the consumer comes intopossession of the goods, and in the case of a contract which:a) concerns numerous goods which are delivered separately, in lots or pieces – from the moment of the taking of
possession of the last goods, lot, or piece;b) consists in a regular delivery of goods for a definite period of time - from the moment of the taking of possessionof the first of the goods;
2) for other types of contracts – from the moment the contract is concluded.
Article 29. 1. Where the consumer is not informed by the trader about the right to withdraw from the contract, thatright shall expire 12 months from the expiry of the time limit specified in Article 27.

2. Where the consumer is informed by the trader about the right to withdraw from the contract before the expiry of thetime limit specified in paragraph 1, the withdrawal time limit shall expire 14 days from the moment the consumer isinformed of that right.
Article 30. 1. The consumer may withdraw from a contract by serving the trader notice of withdrawal. The notice canbe submitted using the model withdrawal form attached as appendix no. 2 hereto.

2. The time limit shall be considered observed if the notice is sent before the time limit ends.

3

Amendments to the above-mentioned act were published in the Journal of Laws of 2011, No. 122, item 654, No. 277, item 1367 and
No. 228, 1368.

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3. Where the trader provides the option of serving notice of withdrawal from the contract electronically, the consumer
shall also be entitled to withdraw from the contract by:1)

using the model withdrawal form attached as appendix no. 2 hereto;2)

submitting a notice via the trader’s website.

4. The trader is required to promptly send to the consumer a confirmation of receipt of the notice of withdrawal, servedin the manner specified in paragraph 3, on a durable medium.
Article 31. 1. In cases of withdrawal from a distance contract or from an off-premises contract, the contract shall bedeemed not to have been concluded.

2. Where a consumer serves notice of withdrawal from the contract before the trader accepts the consumer’s offer, theoffer shall cease to be binding.
Article 32. 1. The trader is required to promptly reimburse the consumer for all the costs incurred by the latter,
including the costs of delivery, within no more than 14 days from the day of receipt of the consumer’s notice of withdrawal
from the contract.

2. The trader shall reimburse the costs using the method of payment the consumer used, unless the consumer explicitly
gives consent to another method of reimbursement and which does not generate any costs for the consumer.
3. Where a trader does not offer to collect the goods by itself from a consumer, the trader may withhold the repaymentof the consumer’s costs until the goods have been returned or the consumer has provided confirmation that the goods havebeen sent back, whichever event occurs first.
Article 33. Where the consumer has chosen a delivery option other than the most economical default delivery standard
offered by the trader, the latter is not required to reimburse the consumer for the additionally incurred costs.
Article 34. 1. The consumer is required to promptly return the goods to the trader or to any person authorised by thetrader to receive the goods immediately but no more than 14 days from the day on which the consumer withdrew from thecontract, unless the trader has offered to collect the goods itself. The time limit shall be considered observed if the goods
are sent back before the time limit expires.

2. The consumer shall only bear the direct costs of return of goods, unless the trader has agreed to bear them or has
failed to inform the consumer that those costs have to be borne.
3. Where an off-premises contract was concluded and goods were delivered to the consumer to the place whichconstituted the consumer’s place of residence at the time the contract was concluded, the trader is required to collect the
goods at its own expense, if, owing to the nature of the goods, they cannot be sent back by standard postal delivery.
4.
The consumer is liable for any decrease in value of the goods resulting from use of the goods in a manner exceeding
the reasonable use necessary to ascertain the nature, features and functions of the goods, unless a trader failed to inform theconsumer about the right to withdraw from the contract, pursuant to the requirements of Article 12 paragraph 1
subparagraph 9.
Article 35. 1. Where the consumer exercises the right to withdraw from the contract after having made a request
pursuant to Article 15 paragraph 3 and Article 21 paragraph 2, the consumer is required to pay for the services provided up
to the moment of withdrawal from the contract.
2. The payment shall be calculated proportionately to the performance provided, having regard for the price or
remuneration agreed upon in the contract. If the price or the remuneration are excessive, the market value of theperformance shall be the basis for calculation of that amount.

Article 36. A consumer shall not bear the costs of:1)2)

the provision of services or the supply of water, gas and electricity – where these supplies are not restricted byvolume or of a set quantity, or heat, in whole or in part, for the period up until the date of withdrawal from thecontract, if:a)the trader fails to notify the consumer about the right to withdraw from the contract and the consequences of
exercising that right, pursuant to Article 12 paragraph 1 subparagraph 9, orb)

the consumer does not request the provision of services before expiry of the time limit for withdrawal from thecontract, pursuant to Article 15, paragraph 3 and Article 21 paragraph 2;

the delivery of digital content which is not recorded on a physical medium, if:a) the consumer does not consent to the provision of services before expiry of the time limit for withdrawal from the

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contract, orb) the consumer is not notified about the loss of entitlement to withdraw from the contract at the moment that consent
is given, orc) the trader does not deliver confirmation pursuant to Article 15 paragraph 1 and Article 21 paragraph 1.
Article 37. 1. At the time of the consumer’s withdrawal from a distance contract or from an off-premises contract, all
the additional related contracts concluded by the consumer shall expire, if such contracts constitute the grounds for the
performance by the trader or by a third party under their agreement with the trader. The consumer shall not bear the costs
connected with expiry of those contracts, save for the costs referred to in Article 33, Article 34 paragraph 2 and Article 35 .

2. If an additional contract with a third party was concluded, the trader shall notify that party about the consumer’s
withdrawal from the contract.
Article 38. The consumer shall not be entitled to withdraw from an off-premises contract or from a distance contract,
in relation to contracts:

1)

for the provision of services where the trader has fully performed the service with the consumer’s explicit consent,
and the consumer was informed before the commencement of the service that they would lose the right to withdraw
from the contract upon the completion of the service by the trader;2)

which include a price or remuneration which depends on financial market fluctuations which are beyond the trader’scontrol and which may occur before the time limit for withdrawal from the contract expires;

3)

where the performance consists of a non-prefabricated product, custom-made for a consumer or intended to satisfy aconsumer’s individual needs;

4)

where the performance consists of goods prone to rapid decomposition or which expire rapidly;

5)

where the performance consists of goods delivered in closed packaging bearing a seal, which cannot be sent backafter the packaging has been opened because of healthcare concerns or for hygienic reasons, if the packaging was
opened after delivery;

6)

where the performance consists of goods which, owing to their nature, become inseparably connected to otherproducts after delivery;

7)

where the performance consists of alcoholic drinks, the price of which was agreed upon at the moment the contract ofsale was concluded, the delivery of which cannot be effected until 30 days have expired, and the value of which
depends on financial market fluctuations which are beyond the trader’s control;

8)

where the consumer explicitly requests that the trader come to perform urgent repair or maintenance work; if the
trader provides additional services other than the ones requested by the consumer or delivers goods other than spareparts essential for the performance of the requested repair or maintenance work, the consumer shall be entitled towithdraw from the contract in relation to those additional goods and/or services;9)

where the performance consists of audio or video recordings or computer programmes delivered in closed packaging
bearing a seal, if the packaging was opened after delivery;10) for the delivery of daily newspapers, periodicals or magazines, except for a subscription contract;11) concluded by means of a public auction;12) for accommodation services other than for residential purposes, transportation of goods, car rental, gastronomic
services, leisure services, or entertainment, sport or cultural events, if the contract specifies a day or a period ofprovision of the service;13) for the delivery of digital content which is not recorded on a physical medium, where the provision of the service
commences upon the consumer’s explicit consent before the time limit for withdrawal from the contract expires andafter the consumer is notified by the trader of the loss of the right to withdraw from the contract.
Chapter 5
Distance contracts for financial services
Article 39. 1. The trader is required to inform the consumer, in a clear and comprehensible way, no later than the moment

the consumer expresses the will to be bound by a contract, indicating the intention to conclude the contract, in a way
suitable for the means of distance communication used, of:1)

the trader’s first name and surname (name), the address of the place of residence (seat), the authority which registered
the trader’s business, and the trader’s business registration number, and, where the business activity performed
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2)

the first name and surname (name), and the address of the place of residence (seat) in the Republic of Poland of the
trader’s representative (if any);3)

the first name and surname (name) and address of the place of residence (seat) of any entity other than the trader
providing distance financial services, including operators of means of distance communication, as well as thecapacity in which that entity acts in relation to the consumer and the trader;4)

the key characteristics of the performance and the goods and services to be provided;5)

the price and/or remuneration, including all the components, including charges and taxes, and, where the price or
remuneration cannot be calculated in advance, the price or remuneration calculation basis enabling the consumer toverify them;6)

the risk inherent in a financial service, if such a risk follows from unique features or the nature of the activities to be
performed, or where the price or remuneration depend exclusively on financial market price fluctuations;7)

the rules of price or remuneration payment;8)

the costs, time limit, and the manner in which the service is provided;9)

the right and the manner of withdrawal from the contract, as laid down in Article 40 paragraphs 1 and 2, or of thelack of that right, as well as the price or remuneration the consumer is required to pay in the situation described in
Article 40 paragraph 4;10) additional costs incurred by the consumer arising from the use of means of distance communication, if any;11) the length of time the offer or information about the price and/or remuneration are binding;12) the minimum term of a contract for periodical or permanent performance;13) the place and the manner of filing a complaint;
14) the possibility of alternative forms of dispute resolution arising under the contract;15) the right to serve notice of termination of a contract as referred to in Article 42 and the consequences of suchtermination, including contractual penalties;16) the existence of a guarantee fund or any other guarantee systems, if any;17) the language used in consumer-trader relations;18) the governing law applicable to consumer-trader relations before the conclusion of a distance contract, as well as of
the governing law regulating the conclusion and performance of a contract;19) the court competent for settling disputes arising in connection with performance of the contract;20) the request that the consumer file a declaration of submission to enforcement, which shall constitute the basis for abank to issue a bank enforcement order pursuant to the provisions of the Banking Act of 29 August 1997 (Journal ofLaws of 2012, item 1376, as amended 4)
2. The provisions of paragraph 1 points 6-8 and points 10-20 shall not be applicable where the consumer receives
information in the form of vocal telephone messages and has given explicit consent thereto. The trader is required toinclude in the message information on the consumer’s right to demand the information referred to in the aforementioned
provisions and on the manner in which such information may be obtained.
3. The trader is obliged to provide the consumer with the information referred to in paragraph 1, recorded on paper oron any other durable medium accessible for the consumer, before the contract is concluded; and where the contract isconcluded at the consumer’s request via a means of distance communication by which that information cannot beprovided, the trader is obliged to provide that information promptly upon the contract being concluded.
4. During the term of a contract the consumer shall be entitled to demand confirmation of the content of the contract inwriting. The consumer also has the right to request a change of the means of distance communication, unless the contract
does not provide for the use of such a means of communication or the means are not suited to the nature of the service
provided.
5. The obligation stipulated in paragraph 1 shall not apply to one-off services provided via means of distancecommunication, where a natural or a legal person issues an invoice for such services and that person makes available, as
an element of their business enterprise, one or more means of distance communication available for the consumer and thetrader, except for the information referred to in paragraph 1 point 1.
6. The obligation stipulated in paragraph 1 shall not apply to individual actions (in detailed contracts) following from4

Amendments to the consolidated text were published in the Journal of Laws of 2012, items 1385 and 1529 and of 2013, items 777,
1036, 1289 and 1567 and of 2014, item 586.

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Item 827

the contract (framework contract).
7. Where individual activities of the same nature are performed between the same parties, where such activities do notfollow from a previously concluded contract (framework contract), the obligation stipulated in paragraph 1 shall only
apply to the first of the activities. Where no activity of the same nature is performed between the same parties within ayear from the date of the first activity, the provisions of paragraph 1 shall apply to the first activity performed after that
period.
8. The obligation stipulated in paragraph 1 shall be deemed observed if the trader provides the consumer withinformation in compliance with the model information form, as referred to, as the case may be, in Article 14 and/or Article
19 of the Consumer Credit Act of 12th May 2011 (Journal of Laws No. 126, item 715, as amended5).
Article 40. 1. A consumer who concludes a distance contract for financial services may withdraw from the contract
without giving any reason, by submitting notice in writing, within no more than 14 days from conclusion of the contract orfrom the day of confirmation of the information specified in Article 39 paragraph 3, if this date is later. The time limit
shall be deemed observed if the notice is sent within that time limit. The consumer shall not bear any withdrawal-related
expenses, with the exception of the costs referred to in paragraph 4.

2. In the case of insurance contracts, the time limit for the consumer to withdraw from a contract shall be 30 days fromthe day the consumer is informed about the conclusion of the contract – or from the day of confirmation of the informationreferred to in Article 39 paragraph 3, if this date is later. The time limit shall be deemed observed if the notice is sent
within that time limit.
3. In the case of withdrawal from a contract, the contract shall be deemed not to have been concluded, and theconsumer shall be released from any obligations. Anything the parties have furnished shall be returned unaltered, except
where a change was necessary in the ordinary course of business, within 30 days:
1)from withdrawal from the contract in the case of the consumer’s performance; or2)from receipt of notice of withdrawal from the contract in the case of the trader’s performance.

4. Where the provision of services has been commenced with the consumer’s consent before the expiry of the time
limits laid down in paragraphs 1 and 2, the trader may request the payment of the price or remuneration for the service
actually provided.
5. The trader shall not request the payment referred to in paragraph 4, if it has commenced performance without theconsumer’s consent, and has also not stated, pursuant to Article 39 paragraph 1 point 9, the amount of the price or
remuneration the consumer is required to pay in the circumstances defined in paragraph 4.
6. The consumer does not enjoy the right to withdraw from contracts:1)
which are fully performed upon the consumer’s request before the expiry of the time limits referred to in paragraphs
1 and 2.
2)

concerning money market instruments, negotiable securities, participation entitlements in collective investment
institutions, or sales of securities with a repurchase obligation, as well as financial operations with a set price,exchange rate, interest rate or index, in particular purchase of currencies, securities, gold or other precious metals,
commodities or rights, including price difference accounted contracts, options and derivatives, concluded for a set
date or for a set period of time, in market circulation;3)of insurance concerning travel, luggage, and the like, if concluded for a period shorter than 30 days.

7. If a contract includes an attachment which constitutes another distance contract related to services provided by atrader or an entity other than the trader on the basis of an agreement between that entity and the trader, the withdrawal fromthe distance contract for financial services shall be also effective towards the subsequent contract.
Article 41. Where the trader fails to observe the obligations stipulated in Article 39 paragraphs 1 to 3, the consumer
has the right to withdraw from a contract at any given time without covering the trader’s receivables.
Article 42. Where a contract is concluded for an indefinite period of time, both parties are entitled to terminate without
giving any reason by giving a month’s notice, unless the parties have stipulated a shorter notice period.
Article 43. 1. The provisions of this chapter shall not apply to services consisting in collection and depositing of funds
5

Amendments to the abovementioned act were published in the Journal of Laws of 2011 No. 165, item. 984 and No. 201, item 1181, of
2012 item 1193, of 2013 item 1567 and of 2014 item 827.

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Item 827

designated for payment to open pension scheme members or for members of an employee pension fund once they reachretirement age within the meaning of the Act of 28 August 1997 on the Organisation and Operation of Pension Funds(Journal of Laws of 2013 items 989, 1289 and 1717) and the provisions of the Act of 20 April 2004 on Employee Pension
Schemes (Journal of Laws of 2014, item 710).
2. The provisions of this chapter shall not apply to withdrawal from a consumer credit contract concluded as a
distance contract or an off-premises contract.
3. The provisions of Article 39 paragraph 1 subparagraphs 1 to 4, 12 to 15, 17 and 19 shall not apply to payment
services referred to in Article 3 paragraph 1 of the Act of 19 August 2011 on Payment Services (Journal of Laws No. 199,
item 1175, as amended6);
Chapter 6
Amending provisions
Article 44. The Act of 23 April 1964 on the Civil Code (Journal of Laws of 2014, item 121) is hereby amended asfollows:

1)

Article 221 shall henceforth read as follows:“Article 221. A consumer shall be deemed to be any natural person who performs acts in law with a trader which
are not directly connected with that person’s business or professional activity.”;2)

in Book Three, Title III before Article 384, Article 383 1 shall be added, which shall read as follows:“Article 3831. The trader may not request that the consumer pay a fee for use of a specified method of payment
which exceeds the costs incurred by the trader in relation to the same method of payment.”;

3)

after Article 454, Article 4541 shall be added, which shall read as follows:“Article 4541. “If a trader is required to send goods to a consumer to a designated place, that place shall bedeemed the place of performance. Any contrary stipulation shall be null and void.”;4)

after Article 492, Article 4921 shall be added, which shall read as follows:“Article 4921. If a party which has an obligation to perform states that they will perform, the other party may
withdraw from the contract without setting an additional time limit, including before the stipulated date ofperformance occurs.”;5)

Article 494 shall henceforth read as follows:“Article 494. §1. A party that withdraws from a reciprocal contract shall be required to return to the other party
everything received from that party under the contract, and the other party is required to accept the same. The
withdrawing party may request not only the return of whatever was provided, but also redress of damages resulting
from failure to perform an obligation according to generally applicable rules.
§ 2. The performance is to be returned to the consumer promptly.”;

6)“Article 5351 shall be repealed;

7)

after Article 543, Article 5431 shall be added, which shall read as follows:“Article 5431. § 1. If the purchaser is a consumer, the vendor is required to release the goods to the purchaser
promptly, and not later than thirty days from the day of conclusion of the contract, unless the contract provides
otherwise.
§ 2. In cases of defaults on the part of a vendor, a purchaser may set an additional time limit for the release ofgoods, the expiry of which to no avail shall entitle the purchaser to withdraw from the contract. The provisions ofArticle 492, Article 4921 and Article 494 shall apply.”

8)

Article 546 shall henceforth read as follows:“Article 546. §1. The vendor is required to give the purchaser all the necessary explanations concerning legal andfactual relationships concerning goods prior to conclusion of a contract.
§ 2. The vendor is required to release all the documentation in their possession which relates to the goods. Where

6

Amendments to the abovementioned act were published in Journal of Laws of 2011 No. 291, item 1707, of 2012, items 1166 and of
2013, and items 1036 and 1271.

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Item 827

documentation of this kind also concerns other goods, the vendor is required to submit a certified excerpt from the
documentation. Furthermore, the vendor is required to enclose a manual and to provide the necessary explanations
regarding how the goods are used, where required for the proper use of the goods as intended.”;9)after Article 546, Article 5461 shall be added, which shall read as follows:“Article 5461. § 1. If the purchaser is a consumer, the vendor is required to provide the purchaser with clear andintelligible information, which is not misleading, in Polish, to the extent sufficient for full and proper use of the soldgoods. In particular, the vendor shall state: the type of goods, the producer or importer, safety symbol and compliancesymbol required under separate provisions, marketing authorisation within the Republic of Poland, and energy
consumption and other information on the goods, as stipulated in separate provisions (as appropriate for the nature of
the goods).
§ 2. Where goods are sold in a unit package or as a set, the information described in § 1 shall be located on thesold goods or be inseparably affixed to them. In other cases, a vendor is required to place a notice (which may belimited to information as to the type of goods, their main function, and the name of the producer or the importer) at
the point of sale.
§ 3. The vendor is required to guarantee the appropriate technical and organisational conditions at the point ofsale, which facilitate the selection of and testing of the quality of goods being sold their completeness, and thefunctioning of their core mechanisms and sub-assemblies.
§ 4. The vendor is required to explain individual contractual provisions upon the purchaser’s request.
§ 5. The vendor is required to release to the purchaser the sold goods together with all the equipment associatedwith them, as well as the operating and maintenance instructions and other documents in Polish as required byseparate provisions.”;10) In Article 548, § 3 shall be added, which shall read as follows:“§ 3. Where the sold goods are to be sent to a purchaser who is also a consumer, the risk of accidental loss ordamage to the goods shall be assumed by the purchaser upon taking delivery of the goods. The goods shall bedeemed delivered upon release by the vendor to the carrier, where the choice of carrier by the purchaser was beyond
the vendor’s control. Provisions which are less favourable for the purchaser are invalid.”;11) Article 555 shall henceforth read as follows:“Article 555. Provisions concerning sale of goods shall apply accordingly to the sale of electricity, rights andwater.”;
12) Article 556 shall henceforth read as follows:“Article 556. The vendor shall be liable towards the purchaser if the sold goods have any physical or legal defects(implied warranty).”;13) after Article 556, Articles 5461 to 5563 shall be added, which shall read as follows:“Article 5561. § 1. A physical defect exists where the goods sold do not comply with the contract. The sold goods
shall be deemed non-compliant with the contract in particular when:1)

they lack features required of goods of that nature in view of the purpose stipulated in the contract or which
follows from the circumstances or from the intended use;2)

they lack features presented by a vendor to a purchaser as being inherent in the goods, including by presenting asample or a specimen;3)

the goods are not fit for the purpose of which a purchaser informed a vendor they would be used whenconcluding the contract, and the vendor failed to raise any objection as to use of the goods in this way;4)

the goods were incomplete when released to a purchaser.

§ 2. Where a purchaser is a consumer, public assurances made by a manufacturer or a representative of the
manufacturer, a person who places the product on the market in connection with their business activity, and a person
who presents themselves as the producer by placing their name, trademark or other distinctive marking on the soldgoods, shall be treated in a way equal to an assurance made by the vendor.
§ 3. Sold goods are also physically defective where they are not correctly assembled or activated, if suchactivities were performed by the vendor or by a third party for whom the vendor is responsible, or by the purchaser
following the instruction manual received from the vendor.
Article 5562. Where a purchaser is a consumer and a physical defect is found within a year from the release of
the sold goods, it shall be assumed that the defect or its cause existed at the time of the transfer of risk to theJournal of Laws

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Item 827

purchaser.
Article 5563. The vendor shall be liable towards the purchaser if the sold goods are the property of a third party
or if the goods are encumbered with a third-party right, as well as when a restriction of use or disposal of the goods
follows from a decision or judgement of a competent authority; in the case of a sale of title the vendor is also
responsible for the existence of the title (legal defect).”;14) in Article 557:a)

§ 2 shall henceforth read as follows:“§ 2. Where the object of sale is goods specified only as to their kind or goods to be created in future, avendor shall not bear liability under an implied warranty, where the purchaser was aware of the defect at the timeof the release of the goods. This provision shall not apply where the purchaser is a consumer.”,b)§ 3 shall be added, which shall read as follows:“§ 3. The vendor shall not be liable towards a purchaser who is a consumer for the fact that the sold goods do
not contain the features stated in the public assurances referred to in Article 556 1 § 2, if the vendor had noknowledge about the assurances or, using reasonable judgement, could not have had such knowledge, or wheresuch assurances could not have influenced the purchaser’s decision to conclude the sale contract, or where thesubstance thereof was corrected before conclusion of the sales contract.”;15) In Article 558 § 1 shall henceforth read as follows:“§ 1. The parties may extend, restrict or disclaim liability under an implied warranty. If the purchaser is aconsumer, the restriction or disclaimer of liability under an implied warranty may only be allowed in cases stipulated
in special provisions.”;16) Articles 559 to 561 shall henceforth read as follows:“Article 559. The vendor shall be liable under the implied warranty for physical defects which existed at the timeof transfer of risk to the purchaser or which resulted from causes inherent in the goods sold at the same time.
Article 560. §1. If there is a defect in sold goods, the purchaser may give notice of a reduction in the price or ofwithdrawal from the contract, unless the vendor replaces the defective goods with defect-free goods or remedies thedefect promptly and without excessive inconvenience to the purchaser. This limitation shall not apply if the goods
have already been replaced or repaired by the vendor or if the vendor has not complied with the obligation either toreplace the goods with defect-free goods or to remedy the defect.
§ 2. Where a purchaser is a consumer, the purchaser may request replacement of defective goods with defect-free
goods instead of remedy of the defect as proposed by the vendor, or remedy of the defect instead of replacement,
unless making the goods compliant with the contract in the manner selected by the buyer is impossible or would
require excessive costs when compared to the manner suggested by the vendor. Assessment of excessive costs takes
into account the value of the defect-free goods, the nature and significance of the noted defect, and the inconvenience
which might befall the purchaser if a different solution is applied.
§ 3. The proportion of the reduced price to the contractual price should correspond to the proportion of the valueof the defective goods to the defect-free goods.
§ 4. The purchaser shall not withdraw from a contract where the defect is insignificant.
Article 561. §1. If sold goods are defective, the purchaser may request that the goods be replaced with defect-free
goods or that the defect be remedied.
§ 2. The vendor is required to replace defective goods with defect-free goods or remedy the defect within areasonable time without causing excessive inconvenience to the purchaser.
§ 3. The vendor may refuse to accommodate the purchaser’s request where making the goods compliant with thecontract in the manner selected by the purchaser is impossible or would require excessive costs when compared to thealternative manner of making the goods compliant with the contract. If the purchaser is a trader, the vendor may
refuse to replace a defective good with defect-free goods or to remedy a defect also where the costs of meeting thisobligation would exceed the value of the sold goods.”;17) After Article 561, Articles 5461 to 5563 shall be added, which shall read as follows:“Article 5611. § 1. If the defective goods have been assembled, the purchaser may request from a vendor that the
goods be disassembled and re-assembled upon replacement of the defective goods with defect-free goods or upon thedefect being remedied. If the vendor does not perform this obligation the purchaser shall have the right to perform
those actions at the vendor’s expense and risk.

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Item 827§ 2. The vendor may refuse to perform the disassembly-reassembly procedure where such activities would exceed
the price of the sold goods.
§ 3. Where the purchaser is a consumer, the purchaser may request that the vendor perform the disassemblyreassembly procedure; however, they have an obligation to cover the portion of the related costs which exceed theprice of the sold goods, or they may request that the vendor pay a portion of the costs of the disassembly-reassembly
procedure up to the price of the sold goods.
Article 5612. § 1. A purchaser who exercises the implied warranty rights is required to deliver the defective goods
to the place specified in the contract of sale at the vendor’s expense, or – if no such place is specified in the contract,
to the place where the goods was released to the purchaser.
§ 2. Where the nature of the goods or the manner of its assembly makes delivery excessively cumbersome for thepurchaser, the purchaser is required to make the goods available for the vendor at its current location.
§ 3. The provisions of § 1 and 2 shall be applicable to the return of goods upon withdrawal from the contract andin the case of replacement with defect-free goods.
Article 5613. Subject to Article 5611 § 2 and 3, the costs of replacement or repair of goods shall be borne by thevendor, including in particular the costs of disassembly and delivery of the goods, labour and materials as well as thecosts of reassembly and reactivation.
Article 5614. The vendor is required to accept defective goods from the purchaser where the goods are replacedwith defect-free goods or in the case of withdrawal from the contract.
Article 5615. If a purchaser who is a consumer requests replacement of goods or remedy of a defect, or gives
notice of a reduction in the price, stating the amount by which the price is to be reduced, and the vendor fails to makeknown its standpoint with regard to the request within fourteen days, the request is acknowledged to be reasonable.”;18) Article 563 and Article 564 shall henceforth read as follows:“Article 563. §1. In the case of sales between traders, the purchaser shall lose the implied warranty rights if it fails
to inspect the goods at the time and in the manner specific to goods of that nature and fails to promptly notify thevendor about the defect, and where the defect is discovered at a later time – fails to notify the vendor promptly upon
the defect being determined.
§ 2. The time limit shall be considered observed if the notification of the defect is sent before the time limit
expires.
Article 564. In circumstances provided for in Article 563, the rights under the implied warranty for physicaldefects in goods shall not be lost even if the purchaser fails to observe the time limits for inspecting the goods or for
notifying the vendor about the defect, where the vendor was aware of the defect or assured the purchaser that there
were no defects.”;
19)

Articles 566 to 568 shall henceforth read as follows:“Article 566. §1. If due to a physical defect in a sold goods the purchaser gives notice of withdrawal from thecontract or of reduction of the price, the purchaser may demand that any damage suffered as a result of the contract
being concluded without the purchaser knowing of the defect be remedied, even if the damage is due tocircumstances for which the vendor is not liable, and, in particular, may demand reimbursement for the contractconclusion costs, the costs of collecting, transporting, storing and insuring the goods, and reimbursement of outlays
made to the extent to which it does not derive any benefits from those outlays. This shall be without prejudice toprovisions on the obligation to redress damage according to generally applicable rules.
§ 2. The provision of § 1 shall apply, as the case may be, where defect-free goods are delivered in place of
defective goods, or where the defect is remedied by the vendor.
Article 567. §1. If the vendor is in delay with the collection of the goods, the purchaser may send back the goods
at the expense and risk of the vendor.
§ 2. In the case of sales between traders the purchaser is entitled, and where the vendor’s interest so requires, isrequired, to sell the goods with due diligence, if there is a risk of deterioration of the goods. The purchaser shall, as
far as reasonably possible, notify the vendor of the intent to sell the goods, and in any case promptly after the sale has
been effected. The purchaser may also send the goods back to the vendor at the latter’s expense and risk.
Article 568. §1. The vendor is liable under the implied warranty if a physical defect is noted within two years,
and for defects in real estate – within five years of the day on which the goods are released to the purchaser. Where
the purchaser is a consumer and the subject of sale is a used movable, the vendor’s liability may be limited to aperiod not shorter than a year from the day on which the goods were released to the purchaser.

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Journal of Laws

Item 827§ 2. A claim for remedy of a defect or for replacement of defective goods with defect-free goods expires under
the statute of limitations one year from the day on which the defect is determined. Where the purchaser is aconsumer, the period after which claims become time-barred shall not end before the term specified in § 1 ends.
§ 3. The purchaser may give notice of a reduction in the price or withdrawal from the contract due to a defect insold goods upon observing the time limits referred to in § 2. Where the purchaser requests that the goods be replacedwith defect-free goods or the defect be remedied, the time limit for giving notice of a reduction in the price orwithdrawal from the contract shall commence as of the moment the time limit for replacement of the goods or for
remedy of a defect expires to no avail.
§ 4. Where one of the warranty claims is pursued in a court of law or before an arbitration tribunal, the time limit
for exercising other related rights enjoyed by a purchaser in this regard shall be suspended until the proceedings havebeen concluded by way of a legally binding judgement.
§ 5. The provision of § 4 shall apply mutatis mutandis to conciliation proceedings, whereas the time limit forexercising other warranty rights enjoyed by the purchaser shall begin on the day of the court’s rejection of theagreement reached before an intermediary or on the day of the conclusion of the conciliation proceedings to no avail.
§ 6. The expiry of the time limit for determining a defect shall not exclude the exercise of the warranty rights,
where the defect was deceitfully concealed by the vendor.”;20)

after Article 568, Article 5681 shall be added, which shall read as follows:“Article 5681. Where the use-by date specified by the vendor or producer for goods expires two years from theday on which the goods are released to the purchaser, the vendor shall be liable for the warranty for physical defects
in the goods determined before that time limit expires. The provision of 568 § 6 shall be applicable.”;21)

Articles 570 to 572 shall be repealed;

22)

Article 5721 shall be repealed;

23)

Article 574 shall henceforth read as follows:“Article 574. §1. If, due to a physical defect in sold goods, the purchaser has given notice of withdrawal from thecontract or of reduction in the price, the purchaser may demand that any damage suffered by the purchaser as a resultof the contract being concluded without the purchaser knowing of the defect be remedied, even if the damage is due
to circumstances for which the vendor is not liable, and in particular may demand reimbursement of the contractconclusion costs and the costs of collecting, transporting, storing and insuring the goods as well as reimbursement foroutlays made to the extent to which it does not derive any benefits from those outlays and was not reimbursed by athird party. They may also demand the reimbursement of litigation costs. This shall be without prejudice toregulations on the obligation to redress damage according to generally applicable rules.
§ 2. The provision of § 1 shall apply mutatis mutandis where defect-free goods are delivered in place of defective
goods.”;

24)

Article 576 shall henceforth read as follows:"Article 576. The provisions of Article 568 § 2 to 5 shall apply to the exercise of warranty rights for legal defects
in sold goods, with the stipulation that the time limit referred to in 568 § 2 shall run from the day on which apurchaser learns of the defect. Where the purchaser learns of the defect only as a result of a court action brought by athird party, the time limit shall run from the day on which the ruling issued in the dispute with the third party
becomes legally binding.”;

25)

after Article 576, section II1 shall be added, which shall read as follows:“Section II1
The vendor’s claim for defectiveness of sold goods
Article 5761. § 1. If goods lack features which are required in view of their designated use or according to public
assurances as provided for in Article 5561 § 2, or were released in incomplete condition, a vendor who has incurredcosts related to a consumer exercising its rights under the implied warranty for physical defects may request remedyof the damage from the previous vendors whose actions or omissions caused the defect in the goods.
§ 2. The liability stipulated in § 1 shall be also borne by a previous vendor who failed to notify the purchaser
about a defect in goods despite having knowledge thereof, or drew up an assembly or an activation instruction
manual enclosed with the sold goods, where the defect resulted from the consumer’s assembly or activation of thegoods in accordance with the instruction manual received.

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Item 827§ 3. The compensation referred to in § 1 includes the reimbursement of costs required to exercise the consumer’s
rights, including in particular in connection with the replacement of defective sold goods or the remedy of a defect inthe sold goods, their disassembly, transportation and reassembly, as well as the amount by which the price of thegoods is reduced, and lost benefits.
Article 5762. § 1. The vendor’s claim shall expire under the statute of limitations after six months. The period
under the statute of limitations shall run from the day on which the costs are borne by the vendor as a result of theconsumer’s exercise of the warranty rights, however no later than the day on which the vendor should perform its
duties towards the consumer.
§ 2. If a court dismisses a claim for redress of damage, finding that the defendant is not liable for a defect in the
goods, the period under the statute of limitations for all of the other vendors shall not end before six months passfrom the day on which the judgement dismissing the claim becomes legally binding.
Article 5763. The provisions hereof shall be without prejudice to other provisions on the obligation to redress
damage.
Article 5764. The liability provided for herein shall not be excluded or limited.”;26)

In the third book, title XI, the title of Section III shall henceforth read as follows:“Section III
Sale Warranty”;

27)

Article 577 shall henceforth read as follows:“Article 577. §1. A warranty is given upon the submission of a warranty statement, which lays down thewarrantor’s duties and the purchaser’s rights, where the sold goods lack the features stipulated in the statement. The
warranty statement may be submitted in an advertisement.
§ 2. The warrantor’s obligations may include in particular refund of the paid price, the repair or replacement of
the goods, or the provision of other services.
§ 3. If a warranty is given for the quality of sold goods, in case of doubt the warrantor shall be deemed to berequired to remedy the physical defect or to deliver defect-free goods, if those defects appear during the period statedin the warranty statement.
§ 4. The warranty period shall be two years from the day on which the goods are released to the purchaser, unlessa different time period is provided for.”;28)

after Article 577, Articles 5771 to 5773 shall be added, which shall read as follows:“Article 5771. § 1. The warrantor shall draw up the warranty statement in a clear and intelligible manner, and if
the type of information allows – in a universally intelligible graphic form. If the goods are to be placed on the market
in the Republic of Poland, the statement shall be drawn up in Polish. The Polish language requirement shall not apply
to proper names, trademarks, trade names, product origin labels, and customarily used scientific and technicalterminology.
§ 2. A warranty statement shall contain the basic information necessary to exercise the warranty rights, inparticular the name and the address of the warrantor or their representative in the Republic of Poland, duration andthe territorial scope of the warranty, the rights enjoyed if goods are found to be defective, as well as confirmation thatthe warranty does not exclude, limit or suspend the purchaser’s entitlements provided for in regulations on guarantees
for defects in sold goods.
§ 3. Failure to comply with the requirements stipulated in § 1 and 2 shall be without prejudice to the validity of
the warranty statement and shall not revoke the entitlements provided for within it.
Article 5772. The warrantee may request that the warrantor hand over a warranty statement on paper or otherdurable medium (warranty document).
Article 5773. Together with a sold goods, the vendor shall release a warranty document to the purchaser and shallcheck that the labelling on the goods matches the information contained in the document and inspect the condition ofseals and other security features placed on the goods.”;

29)

Article 579 shall henceforth read as follows:Journal of Laws

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Item 827“Article 579. §1. The purchaser may exercise rights under the implied warranty for physical defects irrespectiveof the rights under the warranty.
§ 2. Exercising rights under a warranty shall not affect a vendor’s liability under the implied warranty.
§ 3. However, if the purchaser exercises rights under the warranty, the time limit for exercising the rights under
the implied warranty shall be suspended as of the day on which the vendor is notified about the defect. The time limit
shall continue from the day on which the warrantor refuses to perform obligations provided for in the warranty, orfrom the date on which the period for the performance thereof expires to no avail.”;30)

Article 580 § 2 shall henceforth read as follows:“§ 2. The warrantor is obliged to perform its obligations within the time limit stipulated in the warranty
statement; and where this time limit is not specified promptly but no more than fourteen days from the day on which
the goods are delivered by the warrantee. The warrantor shall also deliver the goods to the purchaser at the place
specified in § 1 at the warrantor’s expense.”;31) Article 6051 shall be repealed;
32) Article 6271 shall be repealed;
33) after Article 636, Article 6361 shall be added, which shall read as follows:“Article 6361. If the consumer orders a piece of work which constitutes a movable, the provisions of Article
5431, Article 5461 and Article 548 shall be applicable.”;34)

Article 637 shall be repealed;

35)

Article 638 shall henceforth read as follows:“Article 638. §1. The provisions of the implied sale warranty shall apply accordingly to liability for a defective
piece of work. The liability of a party taking an order shall be excluded if the defect in the piece of work is inherent
in the material supplied by the ordering party.
§ 2. If the ordering party is issued a warranty for the piece of work, provisions on sale warranty shall apply
accordingly.”’36) The current wording of Article 770 shall be designated as § 1, and § 2 shall be added thereto, which shall read as
follows:“§ 2. The provision of § 1 shall not apply where the purchaser is a consumer.”,37) Article 7701 shall be repealed;
Article 45. The Act of 20 May 1971 on the Code of Petty Offences (Journal of Laws of 2013, 482, as amended7) shallbe amended as follows:1)

Article 138a shall be repealed;2)

After Article 139a, Article 139b shall be added, which shall read as follows:“Article 139b. Anybody who, acting in connection with their business activity, when concluding a contract with aconsumer, fails to satisfy information requirements or fails to hand over the document provided for in the Act on Consumer
Rights of 30 May 2014 (Journal of Laws item 827) shall be subject to a fine.”.
Article 46. In the Act of 22 May 2003 on Insurance Activity (Journal of Laws No. 124, item 1154, as amended8),

Article 4a, paragraph 3 shall henceforth read as follows:“3. The Act of 30 May 2014 on Consumer Rights (Journal of Laws item 827) shall apply accordingly to information
concerning the insurance intermediary, whereas that information should be promptly disclosed to the insuree or to thecustomer, pursuant to paragraph 1.”.
Article 47. The Act of 22 May 2003 on Compulsory Insurance, the Insurance Guarantee Fund and the Polish Motor

Insurers’ Bureau (Journal of Laws of 2013, item 392) shall be amended as follows:

7

Amendments to the uniform text of the abovementioned act were published in the Journal of Laws of 2013 items 829, 1247, 1446 and
1567 and of 2014 items 498 and 659.
8
Amendments to the abovementioned act were published in the Journal of Laws of 2004 No. 96, item 959, of 2005 No. 48, item 447,
No. 167, item 1396 and No. 183, item 1538, of 2006 No. 157, item 1119, of 2009, No. 18, item 97 and No. 42, item 341 as well as of2014, item 768.

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1)

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Item 827

Article 29, paragraph 1, subparagraph 10 shall henceforth read as follows:“10) not later than on the day of the policy holder’s withdrawal from the contract according to the procedure provided
for in Article 40 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws item 827).”;2)

Article 33, subparagraph 8 shall henceforth read as follows:“8) as at the day of the policy holder’s withdrawal from the contract according to the procedure provided for in
Article 40 of the Act of 30 May 2014 on Consumer Rights;”;3)

Article 41, paragraph 1, subparagraph 5 shall henceforth read as follows:“5) of the policy holder’s withdrawal from the contract according to the procedure provided for in Article 40 of the
Act of 30 May 2014 on Consumer Rights, subject to the stipulation that the policy holder is required to pay the
insurance premium for the insurance coverage period;”;4)

Article 47, paragraph 6, subparagraph 2 shall henceforth read as follows:“2) of the policy holder’s withdrawal from the contract according to the procedure provided for in Article 40 of the
Act of 30 May 2014 on Consumer Rights;”;

5)

Article 49, subparagraph 6 shall henceforth read as follows:“6) as at the day of the policy holder’s withdrawal from the contract according to the procedure provided for in
Article 40 of the Act of 30 May 2014 on Consumer Rights;”;

6)

Article 56, paragraph 1, subparagraph 4 shall henceforth read as follows:“4) of the policy holder’s withdrawal from the contract according to the procedure provided for in Article 40 of the
Act of 30 May 2014 on Consumer Rights, subject to the stipulation that the policy holder shall be obliged to pay the
insurance premium for the insurance coverage period;”;7)

Article 63, paragraph 5, subparagraph 2 shall henceforth read as follows:“2) of the policy holder’s withdrawal from the contract according to the procedure provided for in Article 40 of the
Act of 30 May 2014 on Consumer Rights;”;

8)in Article 65, subparagraph 5 shall henceforth read as follows:“5) as at the day of the policy holder’s withdrawal from the contract according to the procedure provided for in
Article 40 of the Act of 30 May 2014 on Consumer Rights;”;

9)

Article 76, paragraph 1, subparagraph 3 shall henceforth read as follows:of the policy holder’s withdrawal from the contract according to the procedure provided for in Article 40 of the Act of
30 May 2014 on Consumer Rights, subject to the stipulation that the policy holder shall be obliged to pay the
insurance premium for the insurance coverage period;”.
Article 48. Article 172 paragraph 1 of the Telecommunications Act of 16 July 2004 ( Journal of Laws of 2014, item 243)

a)shall henceforth read as follows:“1. The use of telecommunications terminal devices and automatic calling machines for direct marketing
purposes shall be forbidden, except where the subscriber or the end-user have given prior consent.”,b)paragraph 3 shall be added, which shall read as follows:“3. The means referred to in paragraph 1 for direct marketing purposes must not be used at the consumer’s
expense.”.

Article 49. The Act of 23 August 2007 on Counteracting Unfair Commercial Practices (Journal of Laws No. 171, item1206) is hereby amended as follows:1)

Article 4, paragraph 2 shall henceforth read as follows:“2. Unfair commercial practice shall be understood in particular as a misleading commercial practice or an
aggressive commercial practice, as well as use of a code of good practice that is not legally compliant. These practices
shall not be assessed in reference to the premises specified in paragraph 1.”;

2)

Article 9, paragraph 6 shall henceforth read as follows:“6) A request for an immediate or a deferred payment for goods or for the return or storage of goods which weredelivered by the trader but were not ordered by the consumer;”.

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Item 827

Article 50. The Act of 8 March 2013 on Plant Protection Agents (Journal of Laws item 455 and of 2014 item 822) is hereby
amended as follows:1)

The introduction to the list in Article 25 paragraph 3 subparagraph 5 shall henceforth read as follows:“In cases of offers to conclude distance contracts within the meaning of the Act of 30 May 2014 on Consumer Rights(Journal of Laws item 827), concerning the sale of plant protection agents, shall state in the sale offer for thatagent that plant protection agents may only be purchased by persons:”;2)

Article 76 paragraph 1 subparagraph 5 point (d) shall read as follows:“d) In cases of offers to conclude distance contracts within the meaning of the Act of 30 May 2014 on Consumer
Rights, concerning the sale of plant protection agents, shall not include the information specified in Article 25
paragraph 3 point 5 in the sale offer of that agent, or”.
Chapter 7
Transitional and final provisions
Article 51. The provisions of law hitherto in effect shall apply to contracts concluded prior to the day this act comes
into force.
Article 52. The following shall cease to be effective:

1)

The Act of 2 March 2000 on the Protection of Certain Consumer Rights and on the Liability for Damage caused by aDangerous Product (Journal of Laws of 2012, item 1225);

2)

The Act of 27 July 2002 on Specific Terms and Conditions of Consumer Sale and amendments to the Civil Code
(Journal of Laws No. 141, item 1176, as amended9)

Article 53. In the Act of 4 February 2011 on International Private Law (Journal of Laws No. 80, item 432), Article 30,
paragraph 1, subparagraph 2 shall be repealed.
Article 54. In the Act of 12th May 2011 on Consumer Credit (Journal of Laws No. 126, item 715, as amended10),

Article 58, paragraph 2 shall be repealed.
Article 55. The Act shall enter into force 6 months from its publication.
President of the Republic of Poland: B. Komorowski

9

Amendments to the abovementioned Act were published in the Journal of Laws of 2004, No. 96, item 959, of 2009, No. 115, item
960 and of 2011 No. 34, item 169 and No. 80, item 432.
10
Amendments to the abovementioned act were published in the Journal of Laws of 2011 No. 165, item 984 and No. 201, item
1181, of 2012 item 1193 and of 2013 item 1567.

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Item 827
Appendices to the Act of 30 May 2014 (item 827)
Appendix No. 1

INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF WITHDRAWALMODEL INSTRUCTIONS ON WITHDRAWAL

Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day [1].
To exercise the right of withdrawal, you must inform us [2] of your decision to withdraw from this contract by an
unequivocal statement (e.g. a letter sent by post, fax or e-mail).
You may use the attached model withdrawal form, but it is not obligatory. [3]To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the rightof withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs ofdelivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least
expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from theday on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement
using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; inany event, you will not incur any fees as a result of such reimbursement. [4][5][6]Instructions for completion:[1] Insert one of the following texts between inverted commas:in the case of a service contract or a contract for the supply of water, gas or electricity, where they are not put up for sale ina limited volume or set quantity, of district heating or of digital content which is not supplied on a tangible medium: ‘of theconclusion of the contract.’;in the case of a sales contract: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires,
physical possession of the goods.’;
in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately: ‘onwhich you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last
good.’;
in the case of a contract relating to delivery of a good consisting of multiple lots or pieces: ‘on which you acquire, or athird party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.’;in the case of a contract for regular delivery of goods during a defined period of time: ‘on which you acquire, or a third
party other than the carrier and indicated by you acquires, physical possession of the first good.’.
[2] Insert your name, geographical address and, where available, your telephone number, fax number and e-mail address.
[3] If you give the option to the consumer to electronically fill in and submit information about his withdrawal from thecontract on your website, insert the following: ‘You can also electronically fill in and submit the model withdrawal form or
any other unequivocal statement on our website [insert Internet address]. If you use this option, we will communicate to
you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.’.

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Item 827[4] In the case of sales contracts in which you have not offered to collect the goods, in the event of withdrawal insert thefollowing: ‘We may withhold reimbursement until we have received the goods back or you have supplied evidence of
having sent back the goods, whichever is the earliest.’.
[5] If the consumer has received goods in connection with the contract:(a) insert:— ‘We will collect the goods.’; or,— ‘You shall send back the goods or hand them over to us or … [insert the name and geographical address, whereapplicable, of the person authorised by you to receive the goods], without undue delay and in any event not later than 14days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you sendback the goods before the period of 14 days has expired.’(b) insert:— ‘We will bear the cost of returning the goods.’,— ‘You will have to bear the direct cost of returning the goods.’,— If, in a distance contract, you do not offer to bear the cost of returning the goods and the goods, by their nature, cannot
normally be returned by post: ‘You will have to bear the direct cost of returning the goods, … PLN [insert the amount].’; or
if the cost of returning the goods cannot reasonably be calculated in advance: ‘You will have to bear the direct cost of
returning the goods. The cost is estimated at a maximum of approximately … PLN [insert the amount].’; or— If, in an off-premises contract, the goods, by their nature, cannot normally be returned by post and have been delivered
to the consumer’s home at the time of the conclusion of the contract: ‘We will collect the goods at our own expense.’; and,(c) insert ‘You are only liable for any diminished value of the goods resulting from the handling other than what isnecessary to establish the nature, characteristics and functioning of the goods.’[6] In the case of a contract for the provision of services or the supply of water, gas or electricity, where they are not put up
for sale in a limited volume or set quantity, or of district heating, insert the following: ‘If you requested to begin theperformance of services or the supply of water/gas/electricity/district heating [delete where inapplicable] during thewithdrawal period, you shall pay us an amount which is in proportion to what has been provided until you havecommunicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.’.

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Item 827

Appendix No. 2

MODEL WITHDRAWAL FORM
(complete and return this form only if you wish to withdraw from the contract)— To [here the trader’s name, geographical address and, where available, his fax number and e-mail address are to beinserted by the trader]:— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for theprovision of the following service (*),— Ordered on (*)/received on (*),— Name of consumer(s),— Address of consumer(s),— Signature of consumer(s) (only if this form is notified on paper),— Date(*) Delete as appropriate