What to do if the buyer files a complaint about defective goods

As a seller, you are liable within the statutory warranty and in case of lack of conformity of the goods with the contract unless you informed the buyer about the defects and non-conformities in the offer.

Consumer sales (when the consumer buys from the entrepreneur)

How much time you have to address the complaint

You have 14 days of filing a complaint by the buyer to consider it. If you do not do it within that time frame, the complaint is deemed upheld by you.

When the buyer sends the product back within a complaint

They should properly secure the product. They do not have to return the goods in the original packaging or include the receipt.

Consumer sales ― transactions made before January 1, 2023

If the buyer receives a defective product and it becomes apparent within 2 years of the product delivery, the buyer has the right to file a complaint within the statutory warranty.

As stipulated in the Allegro Returns Policy, if the buyer selects one of the complaint reasons[1] in the Returns form, that means they apply for a full or partial refund. You are obliged to address any complaint within 14 calendar days of receiving it. If you:

• uphold the complaint — refund the buyer
• reject the complaint — send the product back to the buyer. Then, they have the opportunity to pursue their case in court.

If the buyer does not want a refund and instead wants you to: replace the product, send them the missing parts, or remove the defect, they should contact you directly ― they can find your contact information in the Complaint section in your offer.

[1] Among others: Missing element, The product is damaged, but the parcel is intact, or Defect revealed during use.

The limitation period of claims

The claim for removing the defect or replacing the sold product for a defect-free counterpart expires 1 year from the day the defect was revealed. Remember that the limitation period cannot expire before 2 years have passed. In practice, that means a consumer may have up to 3 years to inform you about the defect. Within 12 months of receiving the return, you are the one to prove that the buyer is responsible for the defect occurrence.

Consumer sales ― transactions made from January 1, 2023

In case of a lack of conformity of the goods with the contract, the buyer has the right to file a complaint. As stipulated in the Allegro Returns Policy, if the buyer selects one of the complaint reasons[1] in the Returns form, that means they apply for a full or partial refund as:

• you refused to make the goods conform to the contract due to it being impossible or too expensive
• you did not make the goods conform to the contract (did not fix or replace the goods)
• you are unable to make the goods conform to the contract in a reasonable time or without undue inconvenience
• despite your attempts to make the goods conform to the contract (by fixing or replacing them), the non-conformance is still present
• the non-conformance of goods is severe enough to justify an immediate withdrawal from the agreement/lowering the price.

If you uphold the complaint, you have to refund the buyer immediately.

If the buyer wants you to fix or replace the product, they can contact you with the details you provided in the offer in the Complaints section. The repair or replacement should be carried out within a reasonable time frame and be free for the buyer.

If making the goods conform to the contract in the way the buyer chose is impossible or overly costly, you can:

• replace the product when the buyer demands fixing it
• fix the product when the buyer demands replacing it.

[1] Among others: Missing element, The product is damaged, but the parcel is intact, Other defect, or lack of conformity of the goods with the contract.

The limitation period of claims

Check the key deadlines.

• The complaint claim may expire after 6 years.
• Within 2 years of delivery, the seller should be able to prove that the goods conformed to the contract at the moment of their delivery to the buyer.

A complaint decision and a refund

Filing a complaint is free for the buyer. You are obliged to refund the buyer for all the costs they bore in regard to the transaction (for example, the total cost of assembly or installation of the device). The entrepreneur bears the cost of fixing or replacing the product, including postal charges, shipping, labor, and materials. The buyer should make the defective goods available to you so can fix it.

If you reject the buyer's claims ― send the product back to them. Then, the buyer can pursue their case in court. You can also demand the buyer cover the shipping cost in case of an unfounded complaint.

Non-consumer sales

The Polish Civil Code is the legal basis of a non-consumer purchase complaint within the statutory warranty.

As stipulated there, you as a seller, are responsible for defects that decrease the product's value or usefulness. You are also responsible for the lack of features or properties that a given product should have or that you have promised in the offer if the buyer has received an incomplete product.

If the product sold has a defect, the buyer has the right to request you to replace the product with a defect-free counterpart or remove the defect. They can also demand you to lower the price and ― if the defect is serious ― withdraw from the agreement. The liability period is 2 years.

The Polish Civil Code stipulates that the parties can limit or extend the liability under the statutory warranty. However, that rule does not apply if it turns out that you have been aware of the defect and you purposefully hid this information.

Learn more

Consumer law — definitions