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Catchy marketing and rash decisions – know your rights in the season of summer discounts

Catchy marketing and rash decisions – know your rights in the season of summer discounts

Dodano: 2022-08-09
Publikator: Office of Competition and Consumer Protection

Entrepreneurs are using more and more sophisticated marketing tricks that encourage customers to make quick and uninformed decisions. This leads to the purchase of items that are not needed, overpriced or poor quality.

With the summer sales time coming to an end the discounts may soon reach 60, 70 or even 80 percent. However, the President of the UOKiK calls: “Let us be guided by the idea of sustainable consumption and not buy just because it is cheaper”. In doing so, he encourages consumers to approach discounts “coldly” and to check if the purchases are really profitable. He also advises to  compare prices and to make informed consumer decisions. Especially during periods of unfavorable economic conditions.

Advice of the UOKiK and the European Consumer Center

Claim (regardless of the method of purchase)  

When the handle of the backpack purchased on sale breaks off, you can make a complaint about it. Any information such as „discounted products are not subject to complaint” is illegal. The complaint should be given to the retailer, preferably in writing. It may also be reported to the guarantor when the product was under warranty (most often this will be the manufacturer or the distributor of the goods). The buyer has the right to choose the course of action procedure path, either complaint or warranty.

We cannot complain to the seller of items whose price has been lowered due to a defect in the goods that the customer knew about during the purchase.

Returning the product

Ordered online

In this case, the inability to try on the purchased clothing before buying is problematic. A too big T-shirt ordered on an online sale can be returned under the same conditions as for the off-season reductions.

The time limit of 14 days is the time to send the declaration of withdrawal from the contract. The return of the goods must take place within the next 14 days.

Not all online purchases are refundable! Returns may be limited or not allowed for personalised items eg. the T-shirt you ordered has a picture of a pet.

This also applies to products with a short shelf life, unpacked CD or a ticket for a concert.

Purchased from a brick and mortar store

The returns policy depend on the goodwill of the trader. He may or may not have to make provision for such an eventuality in the Store’s Terms and conditions. Then, it determines the terms and conditions of the returns eg. with receipt and original tags only (in impeccable condition). However, such regulations are only the result of the seller’s practice and not a legal obligation. It is worth remembering that in relation to items bought on sale, different rules for returning the goods may apply.

Foreign sales

Shop from the EU

The consumer has the right to purchase in a e-shop abroad when the prices on the website with the domain of another EU country are more attractive than on the Polish one. The seller cannot refuse to sell or access his website to users from another EU country since this is contrary to the rules governing the issue of geo-blocking. However, these rights do not mean that a shop from another EU country is required to deliver to Poland. Make sure that the dealer offers shipping to Poland before purchasing. To check the price of shipping a parcel to another EU country, you can use the EC Rate Calculator.

If a product bought in a foreign e-shop turns out to be unsuitable eg. too small – the seller does not always cover the cost of return.

Buying online in the EU (also in Poland) – it is the consumer who bears the cost of returning the product. However, there are sellers on the market that offer free returns. Therefore, you must always check the returns policy in your e-store available in the regulations.

Store outside the EU

The price of the goods after the addition of VAT and customs duties may be comparable to that of the EU. Non-EU shipments of up to EUR 150 are subject to VAT and above this amount also to customs duties. Sometimes it is „ordered” to send the product purchased in a Polish shop back to countries outside the EU. The language and domain of the site do not always mean that the store is registered in Poland. This is mainly the case for the intermediary providing the dropshipping service. If the website owner is an intermediary and the seller is from China, the goods must be sent back to China. It is worth pointing out that redress for purchases outside the EU is much more complicated due to regulatory divergence. Therefore, before buying, check in the regulations with whom the contract is concluded and whether the buyer is not becoming the importer of the goods.

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