• Has Santa bought an unfortunate gift or maybe he has failed to arrive on time? It may be so but still there is an solution. Check if you know the basic rights of a consumer in such a case.
• #IdąŚwięta – Christmas here today but gone tomorrow – see UOKiK's advice to know if you have a right to make a complaint.
• From 2023, amendments to consumer law will come into force. Do they apply to gifts purchased before the New Year?

The December challenges do not end in choosing gifts. It happens that the persons receiving the gifts are not satisfied with them or that the orders have not been delivered on time. That is why we have prepared some practical advice for consumers as part of the #IdąŚwięta campaign, we recommend what to do with Christmas disappointments. We also invite you to observe the Office's account at Instagram uokikgovpl.

Can you return an unfortunate gift? What to do if the ordered product has not been delivered on time? Read UOKiK's advice and learn what rights you can exercise.

Return – differently when online or in a brick-and-mortar store

If you want to return an unfortunate gift bought in an online store, you have a time limit of maximum 14 days from the date of actual collection of the product – not sending or delivering it to a parcel machine. If a seller has failed to inform you of this right at the time of purchase, for example by way of their regulations, the period shall be extended to one year but if they have done so late, the period of 14 days shall run from the moment the seller informs us of the right of withdrawal.

– Entrepreneur will have 14 days from the receipt of withdrawal from the agreement to return the money though the entrepreneur may suspend it until they receive the parcel. The money should be returned in the same form as the payment was made - explains Tomasz Chróstny, President of the Office of Competition and Consumer Protection.

You do not have to explain the reasons for your resignation – it is enough that you formally withdraw from the agreement. Importantly, the returned product should not bear any signs of being used. The seller may deduct a part of the return for the cost of cleaning or repairing where such signs have occurred

Remember: there are exceptions to the rule. Products which cannot be returned are those with a short shelf-life, made upon a special order (e.g. with personalised engraver), supplied in sealed packaging but opened (e.g. contact lenses, recordings). An agreement for the provision of magazines (except subscriptions), hotel and catering services, transportation of cultural and entertainment goods and commodities cannot be withdrawn, either, if the agreement sets a time limit for the provision of the service. For example, tickets for a concert or match cannot be returned.

Returns of products bought in brick-and-mortar stores

– It’s different if the gift has been purchased in a brick-and-mortar store. At that time, it is only up to the store's policy to accept the product. A seller may fail to accept returns or offer only a gift card in return – explains Tomasz Chróstny, President of UOKiK. Read the rules of return as early as before leaving the cash desk with a full bag.

If the unfortunate gift is a gift card, the same rules will apply. This means that the card purchased online can be returned within 2 weeks of the purchase. If it has been bought in a brick-and-mortar store, return is possible if the seller agrees to accept it.

What to do if the gift has not arrived on time?

What if a consumer has benefitted from an incentive to buy online because they had been encouraged to do so by ensuring delivery before Christmas and they are still waiting for the ordered product? It is important whether the trader's promise was explicit and actually concerned the delivery deadline, not posting or dispatch. If yes, the failure to deliver goods in accordance with the agreement can be obviously complained about.

What else should we be careful about? It happens that a promise of the delivery deadline concerns a specific form of shipment and, in other ways of delivery the seller no longer declares the date of delivery which is of interest to us. The form of payment and correctness of the data entered may also matter.

If the parcel bears obvious signs of infringement, a report of damage should be drawn up without delay. In such a situation, you have the right to request to open it in the presence of a courier before accepting the receipt. More about complaints about courier services: cik.uke.gov.pl.

A complaint - you have two years for it

A consumer shall be entitled to a complaint 2 years after the goods have been released. Proof of purchase is necessary for its submission. Ideally, if it is a receipt but it is worth knowing that it can also be a confirmation of payment, a statement of the witness of purchase or correspondence with the entrepreneur.

It happens that in brick-and-mortar stores entrepreneurs publish information restricting your right to a complaint, e.g. “We shall not accept your complaints as soon as you have left the cash register.” This communication violates fundamental consumer rights. Do not let yourself be deceived; you can always file a complaint – two years from the moment of delivery of the purchased goods.

When submitting a complaint in a brick-and-mortar stores in most cases we take advantage of a warranty. This is the seller's primary responsibility for defects in goods which will soon be replaced by the term “non-conformity with the contract”.

New regulations

From the beginning of 2023, consumers will still be entitled to a complaint but there will be a hierarchy of claims.

– New regulations will enter into force from the beginning of 2023. The term “consumer warranty” will be replaced by “lack of conformity of goods with the contract”. In the case of products purchased by the end of 2022, consumers may submit complaints in accordance with the current rules – adds Tomasz Chróstny, President of UOKiK.

In practice, this means that unfortunate gifts bought in 2022 can be complained about on the basis of the current rules – that is to say, demand the repair of the product, its replacement, price reduction or, if the defect is material, the return of money. In the case of products bought in the new year, a consumer will first have to demand replacement or repair of the defective product. Only in the second place will they be able to apply for a price reduction or make a statement of withdrawal for non-conformity of the goods with the contract and, as a result, have the money returned. This order will have an exception – if a defect of the product proves to be significant, the consumer will be able to immediately withdraw from the contract.

Consumer Support:

Phone: +48 801 440 220 or +48 222 66 76 76 – Consumer helpline
e-mail: [SCODE]cG9yYWR5QGRsYWtvbnN1bWVudG93LnBs[ECODE]
Consumer advocates – in your town or district
European Consumer Centre - in cross-border cases concerning sellers from the European Union, the United Kingdom, Norway and Iceland