The manufacturer’s warranty for sold goods does not exclude, limit or suspend the buyer’s rights under the laws on liability for defects in items sold, nor consumer rights arising from nonconformity of goods with the contract.  In the event of such nonconformity, the buyer shall be legally entitled to remedies against the seller and at the seller’s expense and such remedies shall not be affected by this warranty.

Consumer regulations shall apply accordingly to an individual entering into a contract related directly to that individual’s business, provided that such contract is not a professional agreement as stipulated therein, particularly in respect of the objects of their business disclosed pursuant to the Central Register and Information on Economic Activity (CEIDG) legislation.

The manufacturer informs the consumer and a natural person entering into a contract related directly to that natural person’s business if it transpires from the wording of such contract that it is not a professional agreement for that person, particularly in respect of the objects of their business disclosed pursuant to the Central Register and Information on Economic Activity (CEIDG) legislation, Article 7a and Chapter 5a of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2022, item 287, as amended through Journal of Laws of 2022, item 2581)

Article 7a.  [Obligation to respond to a complaint]

1. ²⁵Unless otherwise stipulated in separate legislation, a business operator is obliged to respond to a consumer’s complaint within 14 days of receipt.
2. In the absence of a business operator’s response to a complaint within the time limit set forth in subsection 1 above, the business operator shall be deemed to have accepted the complaint.
3. A business operator gives his response to a complaint to a consumer on paper or another permanent storage media.

Chapter  5a  ⁷²

Agreements obligating to transfer to consumer the ownership title to the goods

Article 43a.  [Scope of application of the provisions of the Chapter; exclusion of applicability of the Civil Code]

1. In the event of lack of the goods compliance with the contract, a consumer shall have the entitlements stipulated in this chapter. The provisions of Title XI Division II of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2022 items 1360 and 2337) do not apply to agreements obligating to transfer to the consumer the ownership title to goods, particularly to contracts of sale, contracts of supply and contracts for work constituting goods.
2. The provisions of this Chapter do not apply to goods having the exclusive function of storage media for digital contents.

Article 43b.  [Goods conformity with contract]

1. Goods are in conformity with the contract if their characteristics defined below are specifically in conformity with the contract:

1) description, kind, quantity, quality, completeness and functionality and, with regard to goods incorporating digital elements, their compatibility, interoperability and availability of updates;

2) fitness for the particular purpose for which the consumer requires them and which he made known to the business operator not later than at the time of conclusion of the contract and which the business operator has accepted.

2. In addition, for goods to be considered conforming with the contract, such goods must:

1) be fit for the purposes for which goods of that kind are customarily used, taking into account the applicable legislation, technical standards or good practice;

2) occur in such quantity and have such qualities, particularly durability and safety and, with regard to goods incorporating digital elements, also functionality and compatibility, which are typical of goods of that kind and which the consumer can reasonably expect, taking into account the nature of the goods and the public assurance given by the business operator, his legal predecessors or persons acting in his name, particularly in an advertisement or on a label, unless the business operator demonstrates that:

1. a) he was not aware of the specific public assurance and could not have known about it on the basis of reasonable assumption,
2. b) the public assurance was corrected before the conclusion of the contract, in accordance with such terms and form in which it was originally given, or in a comparable manner,
3. c) the public assurance was not relevant to the consumer’s decision to enter into the contract;

3) be delivered with such packaging, accessories and instructions which the consumer may reasonably expect to be delivered;

4) be of the same quality as the sample or specimen that the business operator presented to the consumer before the conclusion of the contract, and correspond to the description of such a sample or specimen.

3. The provisions of Article 43d(3) and (4) and Article 431(4) apply accordingly to goods incorporating digital elements.
4. A business operator is not responsible for the lack of conformity of the goods with the contract in the scope referred to in subsection 2 or 3 above if the consumer was expressly informed, not later than at the time of concluding the contract, that a specific feature of the goods deviates from the conformity requirements stipulated in subsection 2 or 3, and if the consumer expressly and separately accepted the lack of that specific feature of the goods.
5. A business operator is responsible for the lack of conformity of the goods with the contract as a consequence of inadequate installation of the goods if:

1) the installation was done by or at the responsibility of the business operator;

2) inadequate installation by a consumer was due to errors in the instructions provided by the business operator or the third party referred to in Article 6(2).

Article 43c.  [Temporary limitation of business operator’s responsibility for lack of goods conformity with contract]

1. A business operator is responsible for lack of conformity of goods existing at the time of delivery of such goods and revealed during the period of two years thereafter, unless the useful life of the goods as defined by the business operator, his legal predecessors or persons acting on their behalf is longer. A lack of goods conformity with the contract which was revealed before the lapse of two years after the delivery of the goods is deemed to have existed at the time of delivery unless proven otherwise or unless such presumption disagrees with the characteristics of the goods or the nature of the lack of conformity.
2. A business operator cannot refer to a lapse of the time limit for discovery of a lack of goods conformity with contract as defined in subsection 1 if the business operator deceitfully concealed this lack of conformity.
3. With regard to goods incorporating digital elements, a business operator is responsible for lack of conformity with the contract of digital content or digital service supplied in a continuous manner, which occurred or was revealed during the time period in which these were expected to be provided under the contract. Such time period cannot be shorter than two years after the delivery of goods incorporating digital elements. A lack of conformity of digital content or digital service with the contract is deemed to have occurred during that time period if it was revealed during that time period.

Article 43d.  [Consumer entitlements in the event of lack of conformity with the contract]

1. If goods are not in conformity with the contract, a consumer may demand that such goods be repaired or replaced.
2. A business operator may provide a replacement when a consumer demands a repair, or a business operator may provide a repair when a consumer demands a replacement, if the conformity of the goods with the contract cannot be accomplished in the manner selected by the consumer or would involve excessive costs for the business operator. If a repair or replacement is not feasible or would involve excessive costs for a business operator, he may refuse to bring the goods to a conforming condition.
3. In determining whether costs for a business operator are excessive, all the circumstances of the case are taken into account, particularly the relevance of the lack of conformity, the value of conforming goods, and excessive inconvenience for the consumer occurring as a consequence of a change of the manner of bringing the goods to the state of conformity with the contract.
4. A business operator executes a repair or replacement within a reasonable time period after the moment when the business operator was informed by the consumer of the lack of conformity with the contract, without any excessive inconvenience for the consumer, taking into account the characteristics of the goods and the purpose for which the goods were purchased by the consumer. The costs of repair or replacement, particularly the costs of postal charges, transport, labour and materials are borne by the business operator.
5. The consumer makes the goods in need of repair or replacement available to the business operator. The business operator receives the goods from the consumer at his expense.
6. If goods were installed before the lack of conformity with the contract is revealed, the business operator disassembles the goods and reassembles them after the repair or replacement, or has the goods thus disassembled and reassembled at his expense.
7. The consumer is not obliged to pay for ordinary use of goods which are replaced thereafter.

Article 43e.  [Price reduction; rescission of contract]

1. If goods are not in conformity with the contract, a consumer may give a notice of price reduction or rescission of contract when:

1) the business operator refused to bring the goods to the state of conformity with the contract in accordance with Article 43d(2);

2) the business operator failed to bring the goods to the state of conformity with the contract in accordance with Article 43d(4)-(6);

3) the nonconformity of the goods with the contract persists even though the business operator has taken measures to reinstate its conformity;

4) the nonconformity of the goods is essential to the extent that justifies a price reduction or contract rescission without previously exercising the protection measures defined in Article 43d;

5) it expressly transpires from the business operator’s statement or the prevailing circumstances that the business operator will not reinstate the conformity of the goods with the contract within a reasonable time or without excessive inconvenience for the consumer.

2. A reduced price must be in the same proportion to the contract price as the proportion of the value of nonconforming goods to the value of goods conforming to the contract.
3. The business operator shall reimburse the amounts due under to the exercise of the right to a price reduction to the consumer immediately, not later than within 14 days after receiving the consumer’s notice of price reduction.
4. The consumer is not entitled to have the contract rescinded if the lack of goods conformity with the contract is minor. Lack of goods conformity with the contract is deemed to be essential.
5. If the lack of conformity with the contract only applies to certain goods supplied under the contract, the consumer can only have the contract rescinded in respect of such goods, as well as in respect of other goods purchased by the consumer together with the nonconforming goods, unless the consumer cannot be reasonably expected to agree to only retain the conforming goods.
6. In the event of rescission of contract, a consumer shall promptly return the goods to the business operator at his expense. The business operator shall reimburse the price to the consumer immediately, not later than within 14 days after receiving the goods or a proof of their return.
7. The business operator shall reimburse the price using the same payment method as that used by the consumer unless the consumer expressly agreed to a different manner of reimbursement which does not involve any cost for the consumer.

Article 43f.  [Suspension of payment of the price until effective performance by the business operator of his obligations relating to a complaint]

A consumer may suspend payment of the price until the business operator effective complies with his obligations transpiring from Article 43d and Article 43e.

Article 43g.  [Warranty granted to consumer]

1. Any deviation from the warranty terms specified in an advertisement to the detriment of a consumer shall be null and void unless a warranty statement given in that advertisement before the conclusion of contract was corrected in accordance with the terms and form of the advertisement or in a comparable manner.
2. Useful life warranty may not stipulate any repair or replacement terms which would be less advantageous for the consumer than those set forth in Article 43d.