Complaints and returns from the buyers ― frequently asked questions

Can I file a complaint about defective items at all transaction types (auctions and buy now)?

Yes. However, the buyer cannot complain about a product based on a defect or lack of conformity of goods with the contract if that defect was disclosed in the offer description.

Do I have to grant a warranty on a purchased item?

No. Granting a warranty is not obligatory ― you decide whether you want to offer it. The warranty conditions are determined strictly by the warrantor.

The warranty does not exclude, limit, or suspend the buyer’s rights they have under statutory warranty complaint based on lack of conformity of the goods with the contract[1].

[1] applies to consumer purchases made from January 1, 2023.

Can a buyer withdraw from an agreement only if they have bought new items?

Not only in such cases. The buyer (consumer) who bought used, ex-display, demo, or discounted items (also if they were on sale) also has the right to withdraw from an agreement.

Can a buyer withdraw from an agreement if they have a VAT invoice issued for them?

The right to withdraw from an agreement does not apply to agreements concluded between entrepreneurs (except sole traders). If the buyer has requested a VAT invoice for their purchase, you may have doubts about the nature of the transaction. That is why even if the buyer submits the completed returns form in the Purchase history tab, you have the right to refuse to accept the return[1].

[1] You cannot refuse to accept a return from sole traders in the case referred to in article 7(aa) of the Act of May 30, 2014, on consumer rights ― for purchases made before January 1, 2023 ― article 38(a) of Act on consumer rights.

What rights does the buyer have if they are a sole trader?

Under regulations, sole traders may legally withdraw from an agreement if their purchase is not related to their professional activity, and use the statutory warranty:

• in the case of transactions concluded before January 1, 2023: sole traders can use the statutory warranty on the same terms as consumers unless it was disabled for entrepreneurs.
• in the case of transactions concluded from January 1, 2023: you cannot disable your liability complaints for lack of conformity of the goods with the contract to sole traders whose purchase is not related to their professional activity.

If you have any doubts concerning the nature of business activity conducted by the buyer, you can verify it in the Central Register and Information on Business (CEIDG).

Can I declare on the offer page that I do not accept returns?

No. Putting such information on the offer page is against the law. Moreover, you are obliged to inform the consumer if you exclude the possibility to withdraw from an agreement in cases stipulated by the consumer law.

Does the buyer need to return an item in an original packaging?

The buyer is not legally obliged to return an item in an original packaging. However, the item should be sent back in a box that will protect it from any damage.

You can refuse to accept a return if the item it concerns is either a CD with audio or visual content, or a medium with software originally supplied in a sealed package ― if the package has been opened after delivery.

Does the buyer need to declare in writing that they want to withdraw from an agreement and return an item?

The law does not stipulate the form of declaring a withdrawal from an agreement. The buyer should submit the declaration within 14 days of receiving a purchase — counting from the day following the day when the buyer received the parcel.

The fastest way to file the declaration is through the Returns form. The form can be found in the details of a particular order after clicking [return purchase].

The buyer has 14 days after submitting the declaration to dispatch the parcel.

Does the buyer need to send a receipt along with the returned item?

They are not obliged to do so. However, it is desirable for the buyer to send back a receipt or any other purchase confirmation. Such a confirmation may be:

• the transaction confirmation from the bank account
• a copy of the email purchase confirmation
• a copy of the email payment confirmation.

Can I charge the buyer a set amount of money for returning the goods?

No. The seller cannot demand payment for withdrawing from an agreement (compensation fee). Even if you include such a rule in an agreement (for example, in the online shop terms and conditions), it is invalid.

Who covers the shipping cost in the case of withdrawal from the agreement and product return?

The buyer covers the cost of returning the product unless you have agreed to cover it or have not informed the buyer that they need to cover that cost. You need to make a refund with the same payment method as the buyer used. If the seller selected a delivery option other than the cheapest one available in the offer, you are not obliged to refund any additional costs.

Who covers the shipping cost in the case of a complaint arising from the product's non-conformity with the agreement?

According to regulations [1], the consumer should make the product available to the seller for repair or replacement. However, it does not mean the consumer is obliged to send the product back! The seller should collect the product from the buyer at their own expense.

[1] Article 43d(5) of the Act on Consumer Rights (available in Polish) — the consumer should provide the entrepreneur with the product subject to repair or replacement. The entrepreneur collects the product from the consumer at their own expense.

Learn more

• Consumer law ― definitions
• What to do if the buyer files a complaint about a damaged item
• When you can refuse to accept a returned item bought on Allegro