More rights for consumers – Radio MC

More rights for consumers – Radio MC

The extension of the deadline for withdrawal in the e-shop from 10 to 14 days, more rights with complaints of defective goods, restrictions on telemarketers – that some of the changes introduced by the law on consumer rights. The rules in force since December 25.

The new law, which was prepared by the Ministry of Justice in cooperation with the OCCP Polish law implements the EU Directive 2011/83 / EU and organizes the rules on consumer sales. Although the Directive was adopted in October 2011., And states have two years to adopt appropriate regulations, Poland is too late to implement. In almost all the rest of the EU legislation came into force in mid-June 2014.

The rules will apply only to contracts of sale contained from 25 December 2014. In view of the agreements concluded before that date, the provisions previously in force.

It is very important that the new law significantly expands the disclosure requirements of entrepreneurs, especially the leading online stores or sales outside the company premises, but also those engaged in traditional stores. It is all about the fact that the consumer knew of any expenses and liabilities which are related to the signing of the agreement and the purchase of the goods. Vendors will also have very clearly inform buyers of the rights available to them when it comes to withdrawing from the contract or claim of defective goods.

Increases are also some of the powers of the client.

The deadline for withdrawal from off-premises contract, or at a distance, without giving reasons, increased from 10 to 14 days. The consumer has to gain extra time to think and make the final decision.

Recipes precisely regulate the method of calculation of the term, including when undertaking does not informed the consumer of his right of withdrawal – in this case, the right of withdrawal does not expire until one year after the expiry of the basic 14-day period. The law also frees the consumer from the obligation to bear the costs associated with returning the goods in case of exercise of the right of withdrawal if the consumer has not been informed by the operator of the obligation to bear such costs.

If the consumer is properly informed, it will be liable a reduction in the value of things as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things. The entrepreneur will be able to reduce this case refund of the price of the product in so far reduced the value of things.

In the event of cancellation of the contract, the trader is obliged to refund the cost of a delivery of the goods (for transport from the seller to the consumer). In such a situation, the vendor returns only the cost of the cheapest shipping method available plain in its offer, regardless of which mode of transport has been selected at the time of ordering. While the customer pays for the return of unwanted goods to the seller.

From 25 December 2014. Will also be able to withdraw from the contract goods to an electronic auction, but only if it sold the entrepreneur, not an individual.

It will end but only the conclusion of agreements on the phone. If an entrepreneur during a call proposes to conclude a contract, must confirm its contents on paper or on another durable medium, eg. Via e-mail. Only after the customer statements – on paper or on another durable medium – the contract will be successfully concluded.

They change the rules of the complaint. Freedom is increased consumer as to the choice of power, which can benefit in the event of the sale of goods defective. The Act gives the customer the opportunity to request a price reduction or withdrawal immediately after finding significant drawbacks. Until now, it was necessary to request the repair or replacement of things.

The Act restores the application of the provisions of the Civil Code to guarantee consumer. This means that if the entrepreneur, which guarantees, does not specify exactly its content, the consumer will be able to rely on the powers associated with the guarantee provided for in the Civil Code. 2 years warranty period is extended in case the guarantor does not define this term differently. So a time limit is correlated with the statutory deadline seller’s liability under the warranty.

The law also provides that when the payment is made by credit card consumer entrepreneur will not be able to collect from it charges higher than those bears in connection using this method of payment. Also prohibited from charging consumers excessive fees for the use of the hotline provided by entrepreneurs need to contact on matters related to the agreements.

The provisions of the Law on consumer rights do not apply to certain types of contracts, including on social services (eg. the contract of tenancy social contract for care of children), on gambling, delivery to the home, residence or work of consumer food products and household products intended for current consumption, purchase an automated point of sale (eg, . purchase bars or drinks in vending machines), health care (eg. a visit to the doctor, dentist), tourist events, financial services (with the exception of distance) and development services. (PAP)