The entrepreneur’s obligation to inform the consumer

If you have a business account and sell goods and services as an entrepreneur, you have special rights and obligations. In the case of agreements concluded online, the buyer is the disadvantaged party ― they do not have the opportunity to see an item before purchase ― so the legal provisions protecting them are more restrictive than in the case of a regular sale.

What you have to inform consumers about

One of the most important rights of the buyer is the right to be informed. Before concluding an agreement ― which is equal to making a purchase ― they should get detailed knowledge about an object, subject and conditions of the transaction. Such information can be provided in relevant tabs: Warranty, Complaints, Returns, About the seller. As an entrepreneur, while presenting the offer at the latest, you should inform the consumer about:

• main features of the consideration, including the service object and the method of communicating with a consumer
• their identification data, including information about the business, the body registering business activity, and the business registration number
• the address of the business seat, the email address, (if available) phone or fax numbers the consumer can call to contact the entrepreneur fast and efficiently
• the address where the consumer can file a complaint ― if it is different than the address mentioned above
• the total price or compensation, including tax, and when the form of service provided does not allow determining it ― a method of calculating tax; also, transport costs, postage, and other fees ― and when it is impossible to determine those costs, you should inform about the obligation of paying them; in the event of concluding an agreement for an indefinite period or a subscription agreement, you are obliged to inform the consumer about the total price or compensation, including all installments for the billing period, and where the contract provides for a fixed rate ― also the total monthly payments
• costs of distance communication to conclude an agreement ― if these costs are higher than the regular costs of using a given communication method
• the payment deadline and method
• the deadline and method of fulfilling the consideration by the entrepreneur and their complaint consideration procedure
• a method and time limit for exercising the right to withdraw from an agreement under Article 27, and the sample withdrawal from agreement form set out in the Attachment 2 to the Act
• returns cost to be incurred by the consumer if they withdraw from the agreement. With regard to agreements concluded remotely, the cost of returning the items if, due to their nature, the items cannot be returned by post
• the consumer’s obligation to repay the justified costs incurred by the entrepreneur, as stipulated in Article 35 if the consumer withdraws from the agreement after filing a claim, as stipulated in Article 15(3) and Article 21(2)
• no right to withdraw from an agreement under Article 38 or under circumstances when the consumer loses the right to withdraw from the agreement
• the entrepreneur’s obligation to provide defect-free goods
• the existence and content of warranty, and post-sale services and methods of providing them
• the code of good practice, stipulated in Article 2(5) of the Act of August 23, 2007, on combating unfair commercial practices, and the way of learning about it
• the duration of an agreement or the method and conditions of its termination ― if an agreement is concluded indefinitely or is to be extended automatically
• the minimum duration of the consumer's obligations under the agreement
• the amount of any deposit or other financial guarantee and the method of paying it, to be provided by the consumer at the request of the entrepreneur
• functionality of digital content and technical means of its protection
• relevant interoperability of digital content with hardware and software the entrepreneur knows or should know about
• the possibility of using out-of-court complaint and claim pursuing procedures, and how to access these procedures.

Apart from that:

• if the agreement is concluded on behalf of another entrepreneur, you need to provide identification information of that entrepreneur
• in the case of a public auction, the entrepreneur details may be substituted with details of the auction organizer
• according to EU regulations (Regulations no. 524/2013), online shops must inform consumers about the possibility to resolve conflicts electronically via the ODR platform.

Moreover, the entrepreneur needs to ensure that, while placing an order, the consumer explicitly confirms they know they are obliged to pay.

Other obligation of the entrepreneur

• The entrepreneur needs to explicitly provide clear and legible information on delivery restrictions and accepted payment methods at the beginning of the ordering process at the latest.
• At the time the consumer expresses their will to be bound by the agreement at the latest, the entrepreneur is obliged to obtain the consumer's explicit consent to any additional payment beyond the agreed compensation for the entrepreneur’s main contractual obligations.
• The entrepreneur is obliged to inform the consumer of the loss of their right to withdraw from the agreement when they consent to obtaining the digital content which is not recorded on a tangible medium, and to obtain their consent to supply that content.
• The seller is obliged to provide the buyer, prior to the conclusion of the agreement, clear, comprehensible and not misleading information in the Polish language, sufficient for the proper and full use of the item sold, in particular:

  • item type
  • name of manufacturer or importer
  • safety label and the declaration of conformity required by separate regulations
  • information about the admission to trade in the Republic of Poland
  • energy efficiency information ― depending on the type of item
  • details specified in separate regulations.