What if the seller refuses to accept a complaint?

Each of us met at least erstwhile a situation where the seller refused to accept the complaint. This is simply a frustrating experience, but it is worth remembering that as a consumer you have certain rights protected by law. In the article, we will discuss what you can do if you encounter the seller's refusal and what options you gotta successfully claim.

Consumer rights – what does the civilian Code say?

According to the civilian Code, if the purchased product has a defect, the consumer is entitled to:

• demand a price reduction,
• withdrawal, which involves a refund of the money.

The seller may avoid these consequences if he rapidly and without undue difficulty replaces the defective product with a new, fault-free or removes the defect. However, it is crucial that the seller does not have this anticipation if the goods have already been replaced or repaired, or if he has failed to comply with the work to exchange or repair in due time.

What if the seller rejects the complaint?

Rejecting a complaint by a vendor does not mean ending your options. Here are a fewer steps that are worth taking to solve the problem:

1. Contacting the seller again
   It's worth a effort again to talk to the seller. Sometimes additional explanations and negotiations can bring a mutually beneficial solution.
2. Use of the aid of the Consumer Ombudsman
   If the re-contact does not work, the next step may be to usage the aid of the Ombudsman. It is an institution that protects consumer rights and can aid resolve disputes with entrepreneurs. The Consumer Rights Ombudsman can act on your behalf by contacting the seller on your behalf.
3. Consumer Court
   If the Ombudsman’s actions fail, you may besides consider referring the substance to a consumer court. These courts resolve disputes between consumers and traders in a simplified and fast manner.

When can a seller reject a complaint?

Although the consumer has a strong legal position, there are situations where the seller may refuse to accept the complaint. The most common reasons are:

1. No proof of purchase
   The receipt, invoice or another confirmation of the transaction are essential for an effective complaint. Without these documents, the seller has the right to refuse to consider your complaint due to the fact that there is no certainty that the goods were purchased from him.
2. No defect reported
   If the seller considers that the product does not have a defect or that there is no defect, he may reject the complaint. In this case, it is worth considering ordering an independent expert to aid confirm your claims.
3. The defect arose after the product was transferred to the buyer
   If the defect of the product has already occurred after its acquisition and the seller considers that it is the consequence of misuse or mechanical damage, he may refuse to accept the complaint. In that case, it may be crucial to order an expert to confirm that the defect existed at the time of purchase.
4. Non-compliance with complaint procedures
   The seller may besides reject the complaint if the consumer has not completed the formalities related to the complaint, e.g. has not provided the required documents, has not filed the complaint in due time or has not fulfilled another conditions provided for by law. It is crucial to always follow the complaint procedures to avoid refusing to consider the complaint.
5. Misuse of the product
   The seller has the right to reject the complaint if it proves that the defect of the product is the consequence of misuse or harm to the consumer. For example, if the product has been utilized against its intended intent or against its instructions for use, the seller may not be liable for the resulting defects.
6. Illegal requests
   The consumer cannot request a refund if the defect is irrelevant and easy to repair. The seller has the right to refuse a refund if the repair is fast and easy to carry out and the consumer requires a refund without a legitimate reason. According to the caselaw, ‘the return of money should be the last hotel erstwhile another solutions are not possible’ (jurisdiction of the ultimate Court of 21 March 1977, act mention I CR 55/77).

Summary: How to defend your rights as a consumer?

If the seller refuses to complain, don't give up. As a consumer, you have the right to defend your interests. Key steps to take are:

• Compliance with complaint procedures,
• Maintaining contact with the seller to negotiate,
• Consultation of the Ombudsman for Consumer Rights
• Use of consumer courts if another methods fail.

It is worth remembering that consumer law in Poland gives you broad opportunities to defend your rights, and the seller must act in accordance with regulations. Accurate observance of formalities and cognition of their rights is the key to success in the fight for designation of complaints.

If all the above steps fail, it is besides worth considering consulting a civilian law lawyer.

You have questions or request aid – welcome to contactOh, my God!

Daniel Głogowski

Expert in his field – Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he seeks to address controversial topics and present first viewpoints that allowed for a deeper knowing of the issues discussed.