Here is the translation of the given Polish text into English:
โ Short answer:
In general – an online shop CANNOT refuse to return a product bought by a consumer, if more than 14 days have not passed since the purchase, and the product does not belong to the statutory exceptions.
Are there any exceptions? that are worth knowing. I will explain everything in detail below:
๐ Legal basis
Pursuant to the Act of May 30, 2014 on Consumer Rights, the buyer has the right to withdraw from a distance agreement (e.g. online) without giving any reason within 14 days from receipt of the product.
This is called the right to return (withdrawal from the contract).
๐ When can an online shop NOT refuse a return?
In typical cases, for example:
- clothing,
- books,
- electronics,
- cosmetics (unopened),
- toys,
The shop MUST accept the return, provided that the client notifies them within 14 days and sends back the product within the next 14 days.
โ When can a shop REFUSE to accept a return?
The Act provides for certain statutory exceptions, when the return does not apply, such as:
1. ๐งผ The product was unpacked and cannot be returned due to hygiene reasons
(e.g. underwear, toothbrushes, shaving machines, used cosmetics).
2. ๐ ๏ธ The product is a custom-made item (personalization)
(e.g. t-shirts with names, engraved jewelry, products made to measure).
3. ๐ฟ Concerns digital content downloaded with the client’s consent
(e.g. e-books, PDFs, applications, if the consumer waived their right to withdraw before purchase).
4. ๐ The product is perishable or has a short shelf life
(e.g. food, plants, chilled products).
5. ๐ฆ The product was opened and sealed (e.g. with protective film) and cannot be resold
(e.g. CDs, DVDs, software, computer games).
๐ค What else must the client do to make the return valid?
- Notify the shop of withdrawal from the contract – can be an email, form, or written notice.
- This must be done within 14 days from receipt of the package.
- Send back the product in its original condition (unless necessary for testing).
๐ฐ Must the shop refund money?
Yes. The shop must:
- Return the full price of the product,
- Reimburse the cost of the cheapest possible delivery offered to the client (even if the client chose a more expensive one),
- This must be done within 14 days from receipt of the withdrawal notice, but may be delayed until the product is returned.
๐งพ What about companies? Can they return products?
No – the right to withdraw from a contract applies only to consumers, and in some cases also to so-called privileged entrepreneurs (single-person businesses buying for private, not business purposes).
๐๏ธ Summary
| Situation | Can the shop refuse a return? |
|---|---|
| The client buys a blouse and returns it within 14 days | โ NO, the shop must accept |
| The client orders a cup with their name on it | โ YES, the shop can refuse |
| The client unpacks and uses the cream | โ YES, if hygiene is breached |
| The client downloads an e-book and accepts no return | โ YES |
| The client is a company (B2B) | โ YES, return does not apply |
