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With this option, you can select the marketplace — Poland (allegro.pl), Czechia (allegro.cz), Slovakia (allegro.sk) or Hungary (allegro.hu). With that, you can read articles about rules applicable to a foreign marketplace in your default language. If you want to browse articles in a different language, click here.
Special rules and sales hints for various products
How to sell and advertise medical devices
Check what medical devices you can sell and how to prepare an offer properly.
Selling and advertising medical devices
Since June 19, 2023, sellers have been obliged to correctly classify a product as a medical device. See how to legally sell and advertise medical devices on Allegro.
1. Check the applicable legal acts before you start selling medical devices.
Before you start selling medical devices, check the regulations — including those regarding the distributor's obligations — set forth in:
- the Act of April 7, 2022, on medical devices (available in Polish)
- the Regulation (EU) 2017/745 of the European Parliament and of the Council on medical devices
- the Regulation (EU) 2017/746 of the European Parliament and of the Council on in vitro diagnostic medical devices.
2. Verify whether you offer medical devices, and mark them.
How to do it?
- Check the documentation (for example, the EU declaration of conformity for a given device).
- Contact the manufacturer or importer.
A medical device may be any instrument, apparatus, appliance, software, implant, reagent, material, or other article intended by the manufacturer to be used for human beings for specific medical purposes (for example for diagnosis, prevention, monitoring, prediction, prognosis, treatment, or alleviation of disease), and which does not achieve its principal intended action by pharmacological, immunological or metabolic means, in or on the human body, but which may be assisted in its function by such means. For example tourniquets, bandages and gauze, wheelchairs, orthoses and orthopedic corsets, dental floss, scalpels and surgical forceps, pulse oximeters, thermometers, glucometers and blood pressure monitors, corrective glasses and hearing aids, condoms, contact lenses, AED defibrillators.
In vitro diagnostic medical devices are a special type of medical devices.
A special type of medical devices are in vitro diagnostic products.
In vitro diagnostic medical devices are used to examine samples taken from the human body. They are usually intended for professional use, i.e. they can only be used by persons with appropriate knowledge or professional experience. This type of products includes, among others, most tests for the diagnosis of SARS-CoV-2 infections.
Parameter: Medical device
The Medical device parameter is obligatory in select categories (available in Polish). Complete it while listing the offer or use the Add Parameters tab. This will help us make sure exactly what products you sell and whether you do it according to the law.
What happens if you fail to complete the obligatory parameter
In that case:
- you will not list new offers
- you will not edit ongoing offers
- you will not relist offers.
Complete the Medical device parameter in offers where you sell medical devices within the meaning of the Act of April 7, 2022, on medical devices:
- medical devices, medical devices equipment, and products listed in Annex XVI to the Regulation (EU) 2017/745 of the European Parliament and of the Council
- in vitro diagnostic medical devices and in vitro diagnostic medical devices equipment mentioned in the Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices.
3. Check whether offer descriptions are compliant with the new regulations.
How to do it?
If you sell a medical device on Allegro, we require you to:
- complete the Medical device parameter
- include the following information in the description:
- the CE marking
- the 4-digit notified body number (if it participated in the procedure to assess the product's conformity)
- information about the marking, label, and user interface in Polish
- a manual in Polish
- information about the EU declaration of conformity, unless there are exceptions set forth in the Act of April 7, 2022, on medical devices.
If you sell products for self-testing (listed in Article 2 (5) of the Regulation 2017/746), the description should also contain a note that the packaging (label) and user manual clearly inform about such purpose of the product.
4. Submit an approval to advertise and promote medical devices
If you sell medical devices on Allegro and want to advertise them using the tools we provide (for example, Allegro Ads) — by the provision of the Act on medical devices, we require you to submit written approval of advertising activities.
How to do it?
Download the declaration, complete it with your details, and send it to the following address with a text medical devices.
Allegro sp. z o.o.
ul. Żelazna 51/53
00-841 Warszawa
Seller's declaration — advertising medical devices
Do not delay sending the declaration — it may take us several days to verify it. We will let you know whether the verification has been successful.
What if you use the services of a third party to advertise your products
If you outsource advertising activities to other entities, for example, an advertising or media agency that uses our promotional tools — they can provide us with the declaration on your behalf. However, you must give them a power of attorney that includes the authority to make such a declaration. We may then ask you or the entity you cooperate with to produce it.
How to do it?
The agency should download the declaration (the template is available below), complete it with their details, and send it to the following address with a text medical devices.
Allegro sp. z o.o.
ul. Żelazna 51/53
00-841 Warszawa
Agency declaration — advertising medical devices
Check the Allegro Terms & Conditions for more details
Since June 19, 2023, sellers have been obliged to correctly classify a product as a medical device. If a seller fails to do that (for example, by not completing the Medical device parameter), we reserve the right to assert claims against them in connection with the damage suffered.
If you sell medical devices, you become their distributor. Therefore, you have certain responsibilities, which are listed in the Act on medical devices and both EU regulations. As the medical device distributor you must be aware that the products you sell are medical devices.
If you want to advertise medical devices, remember that both the Act on medical devices and the regulation of April 21, 2023, of the Minister of Health on advertising medical devices specify the rules for advertising such products. Those legal acts specify, for example, what information should such an advertisement contain (including the entity in charge of the advertisement, the name of the manufacturer or its authorized representative, and warnings). Bear in mind that medical devices should be advertised in line with those requirements.
Marking the medical devices' advertisements
According to the European Union regulation — the Digital Services Act — starting February 17, 2024, we additionally mark the advertisements on our platform. That means we will mark the advertisements of medical devices with the markings Sponsored, Promoted, or Contains promotions. In addition, we will add the Medical device badge to it.
We will also display:
- the advertising entity
- the manufacturer's name
- the authorized representative — if their name is provided in the offer
- the warning concerning the use of different types of medical devices.
Sale of batteries - statutory deposit
If you are selling a new battery, you are responsible for taking the old one back from the buyer. Otherwise - charge a deposit fee. Check what exactly to include in the offer description.
You are under an obligation to accept the old battery from the buyer. If the buyer does not have it or does not return it, charge him a deposit. The deposit for 1 battery is PLN 30. After the sale, give the buyer a confirmation of the deposit payment. Details can be found in the Act of April 24, 2009 on batteries and accumulators .
It is entirely up to you whether you add a deposit fee to the price of the item.
Coal products - excise tax
Do you sell carbon products? From January 1, 2019, the buyer may be exempt from excise duty. Check how to inform him about it.
Carbon products
What you can put in the offer description
Households that buy coal products for their own use from 1 January 2019 may be exempt from excise duty. The excise duty is PLN 37.47 per ton.
If the buyer wants to be exempt from excise duty, during the purchase, he should provide you with his PESEL number and the series and number of the ID card.
Selling essential products during emergencies
In situations such as epidemics or natural disasters, sales ethics are particularly important. Unethical actions may also violate the law. See what you need to pay attention to as a seller.
How to sell during an emergency
First of all, have your customers' best interest in mind. Do not take advantage of the situation to increase profit at the expense of the affected people. See what it means in practice.
Do not inflate the prices of essential products
Price the products you offer according to their market value. For example, do not raise the prices of protective face masks during an epidemiological emergency, or the prices of shovels and sandbags during a flood.
Do not take advantage of public concern or misinformation to raise prices — by doing so, you may be violating the provisions of the Act on Countering Unfair Market Practices. During emergencies, the prices of certain products are also continuously monitored by the Office of Competition and Consumer Protection. Special laws and regulations can be passed to allow public authorities to regulate prices.
If you have increased the prices in agreement with another company or if your company has a dominant position in the market — this may be a violation of Article 6 or 9 of the Act on Competition and Consumer Protection (available in Polish), subject to a penalty of up to 10% of annual turnover.
Provide reliable information in the offer description
As a seller, you are fully responsible for the description of the product you offer. You may mislead the buyers and put their health and life in danger if, in the product description, you:
- suggest an illegal use of the product
- untruthfully link the product to the current emergency.
Examples of incorrect wording in the product description: maseczka antymandatowa (anti-fine mask) or latarka powodziowa (flood flashlight).
In the offer description, do not provide any potentially misleading information concerning the actual features of the product, its usefulness, and the expected effects of its use. Such an action may constitute an unfair market practice as defined in the Act on Countering Unfair Market Practices (available in Polish).
In the offer title and parameters, do not refer to, for example, the coronavirus or other diseases — it may significantly influence the buyers' choices and cause disinformation.
What we do as Allegro
Within our social responsibility as a company, we are involved in many initiatives and support relief efforts — both on a daily basis and during emergencies.
Currently — during the floods in southern Poland, Czechia, and Slovakia:
- we actively support flood relief organizations
- we launched a fundraiser to support Polska Akcja Humanitarna (The Polish Humanitarian Action) in collecting funds for flood victims in Poland
- we donated 1,000,000 PLN to support aid organizations in Poland, Czechia, and Slovakia
- in the official Allegro Store, we reduced the prices of essential products, such as cleaning supplies, food, animal feed, and hygiene products
- we actively provide help internally to our employees
- we monitor the situation and keep in touch with those who need our help.
Earlier, we took action, for example, during the coronavirus pandemic.
- Together with the Ministry of Digital Affairs, the Office of Competition and Consumer Protection (UOKIK), and the Chief Sanitary Inspectorate (GIS), we created the so-called consultation fast track. This allowed us to consult the cases of reported offers more effectively.
- We displayed educational information to all customers who searched for coronavirus-related products on Allegro. There, we linked to the website of the Chief Sanitary Inspectorate (GIS) with health prevention advice and more information on the coronavirus.
- We created a help article and communication for sellers, where we informed them about legal actions taken in Poland and abroad, as well as good practices and ethical pricing.
- In the News, we informed about all changes on Allegro related to the situation at the time.
Legal basis:
All your actions on Allegro should comply with the Allegro Terms & Conditions, good practices, and applicable laws. During emergencies, pay particular attention to the provisions of:
- the Act of February 16, 2007 (in Polish), on competition and consumer protection
- the Act of August 23, 2007 (in Polish), on combating unfair market practices
- the Act of March 23, 2020 (in Polish), on special solutions for preventing, countering, and combating COVID-19, other infectious diseases, and any emergencies they may cause.
In emergency situations, public authorities often pass special acts or regulations on the current affair. We always make sure to act in accordance with those.
What the rules of exporting antiques abroad are
Exporting antiques from Poland is regulated by law. Depending on the type, value, and age of the antique, a special permit may be required for the export purposes.
Trading in antiques is regulated by numerous legal provisions. Among others, they concern exporting antiques and historical objects from Poland. If you trade in such objects on Allegro, check the information presented below.
The new act on antique protection
Starting June 5, 2010, the amended act on protection and care over antiques came into force. The amendment simplified and alleviated the rules of selling and exporting such items abroad. Up to that point, you had needed a permit to export every item that was older than 55 years. The rule applied both to precious monuments and less valuable antiques and memorabilia. From June 5, 2010, it is legal in Poland to export all antiques other than particularly precious and valuable ones.
Exporting with a permit
You may need to obtain a permit to export an antique, depending on its category, age, and value. The permit is granted by the Polish Minister of Culture, National Heritage and Sport. If the item has a special value for the cultural heritage, the minister may deny granting the permit.
Check for exporting which items you need a special permit in the table below.
| Antique category | Age over | Value over |
|---|---|---|
| 1. Archeological objects that are a part of archeological collections or were retrieved as a result of archeological excavations or accidental discoveries. | Age over 100 years |
Value over - |
| 2. Elements being an integral part of architectural antiques, interior design, monuments, statues, and works of artisan crafts. | Age over 100 years |
Value over - |
| 3. Paintings made with any technique and on any material, not included in categories 4 and 5. | Age over 50 years |
Value over 40,000 PLN |
| 4. Watercolor and gouache paintings, and pastel drawings made on any material. | Age over 50 years |
Value over 16,000 PLN |
| 5. Mosaics and drawings made with any technique and on any material, not included in categories 1 and 2. | Age over 50 years |
Value over 12,000 PLN |
| 6. Original print artworks and matrices thereof, and original posters. | Age over 50 years |
Value over 16,000 PLN |
| 7. Original sculptures, statues, and their copies made with the same technique as the original, not included in category 1. | Age over 50 years |
Value over 20,000 PLN |
| 8. Single photographs, films, and their negatives. | Age over 50 years |
Value over 6,000 PLN |
| 9. Manuscripts, single or held within a collection. | Age over 50 years |
Value over 4,000 PLN |
| 10. Books, single or held within a collection. | Age over 100 years |
Value over 6,000 PLN |
| 11. Single printed maps and music scores. | Age over 150 years |
Value over 6,000 PLN |
| 12. Zoological, botanical, mineral, or anatomical collections and items within those collections. | Age over - |
Value over 16,000 PLN |
| 13. Collections with historical, paleontological, ethnographic, or numismatic meaning. | Age over - |
Value over 16,000 PLN |
| 14. Means of transport. | Age over 50 years |
Value over 32,000 PLN |
| 15. Other antiques not included in categories 1―14 | Age over 50 years |
Value over 16,000 PLN |
Exporting without the permit
You can export the items not included in the table above without the permit if:
- they are not entered into the Register of Historic Monuments
- they are not a part of a public collection
- they are not in the museum or church inventories, nor in the national library collection.
Additionally, you do not need the permit for exporting antiques brought to Poland from other EU countries for a period of 3 years or less.
Additional documents
In justified cases, exporting an antique may depend on presenting a document confirming that you do not need the relevant permit. It may be, among others, an evaluation determining the time of antique creation and its pricing, or an invoice with information with which the item can be identified.
