During the coronavirus pandemic, we have been more willing to buy products or services online. Shopping without leaving home is a convenient way to purchase things. It saves time and sometimes even money. Such purchases involve different contract terms and a certain degree of risk. What happens if the goods turn out not to match the description, or if we want to return them without giving a reason? Concluding a distance contract—as an online purchase of goods or services is called—has both disadvantages and advantages.

How do you return goods?

When making a distance purchase (e.g. online or from a catalogue), we have what is known as the right to reconsider. This means that the buyer has 14 calendar days to withdraw from the contract, counted from the day after taking possession of the goods, or from the day the contract for the provision of a service was concluded.

Do you have to give a reason for wanting to return the goods?

It is very important that such a return does not have to be justified. To effectively withdraw from the contract, you must send the seller a written statement of withdrawal within the specified period—it is best to send it by registered mail so that, in the event of complications, you have proof that the document was posted and delivered. In addition to the statement, the consumer must also return the purchased goods within 14 days of the date of the withdrawal statement.

Who pays the shipping cost?

Remember that the buyer covers the cost of shipping the goods back to the seller. The seller, meanwhile, is obliged to refund the customer the value of the goods and the shipping costs previously charged.

How long does the business have to issue a refund?

The business has 14 days to issue the refund. It may also withhold payment until it receives the goods back or receives proof of shipment.

Can used goods be returned?

The goods may be unpacked and checked for suitability in the same way as when shopping in a physical store. You may not use the goods and then return them. Importantly, an online shop may not make the right of withdrawal conditional on returning the goods in their original packaging, which is not the subject of the sale but merely serves to protect the product. However, it would be advisable for the returned item to be packed in its original box.

Can goods be returned before they are received?

The buyer has the right to withdraw from the contract even before receiving the goods. This means that they may cancel the purchase at any time.

What cannot be returned?

  • goods that deteriorate quickly or have a short use-by period;
  • goods manufactured according to the consumer’s specifications or clearly personalised;
  • sealed goods that cannot be returned for health protection or hygiene reasons, where the packaging has been opened after delivery;
  • sealed audio recordings, video recordings or computer software, where the packaging has been opened after delivery;
  • accommodation, transport of goods, car rental, catering, leisure, entertainment, sports or cultural event services, if the contract specifies the date or period during which the service is to be provided.

What if an online shop refuses to accept the return?

In such a situation, it is best to contact the Consumer Ombudsman, who will help resolve the matter as effectively as possible. Consumer rights in Powiat Bolesławiecki have been handled for many years by law graduate Waldemar Sawicki. The Poviat Consumer Ombudsman is authorised to provide professional and free advice, information about consumer rights, bring legal actions and submit applications on behalf of clients.

Due to the epidemic situation caused by the SARS-CoV-2 virus, it is currently not possible to meet the Consumer Ombudsman in person. Advice is provided by telephone at 75 612 17 03 during the following hours: