Changes in the functioning of online sales from January 1, 2023

As a result of the entry into force on 1 January 2023 of the regulations implementing the Digital Directive, the Commodity Directive and the Omnibus Directive into the Polish legal system, the conditions for online sales will change significantly.

Consumer statutory warranty

The changes introduced in the Civil Code and in the Act of 30 May 2014 on consumer rights constitute the concept of consumer statutory warranty, regulated separately from the statutory warranty provided for in the Civil Code. The consumer statutory warranty will be characterized by a different order of the buyer's rights (in the first place, the right to repair, replace, and only second, the right to reduce the price and withdraw from the contract). With a consumer statutory warranty, the seller will bear the cost of collecting the goods from the consumer. In the case of the consumer statutory warranty, the presumption of non-conformity of the goods with the contract at the time of delivery of the goods will apply to all defects revealed within 24 months. With the consumer statutory warranty, the buyer will be entitled to pursue claims under the warranty within the general limitation period, and not within one year, as in the case of the warranty regulated by the provisions of the Civil Code.

Regulation of the contract for the supply of digital content and digital services

The Act on Consumer Rights contains new regulations regarding the contract for the supply of digital content and digital services, as well as regulations regarding the seller's liability for the compliance of the delivered digital content or digital service with the contract.

Obligation to inform about the lowest price

As part of the amendment, changes were made to Art. 4 sec. 2 of the Act of 9 May 2014 on information on prices of goods and services. In each case of informing about a reduction in the price of a good or service, next to the information about the reduced price, information about the lowest price of this good or service, which was in force during the period of 30 days before the introduction of the reduction, is also displayed. The implementation of this obligation will be subject to the control of the Trade Inspection and irregularities in this respect will be sanctioned with a fine.

Obligations regarding the collection and publication of opinions about the goods

The amendment to the Act of 23 August 2007 on the Prevention of Unfair Market Practices obliges every entrepreneur who provides access to product reviews issued by consumers to publish information on whether and how he ensures that the published opinions come from consumers who have used of the product or have purchased it. The use of verification mechanisms is not mandatory, however, submitting a false statement in this respect is an unfair market practice.