You bought a fridge, jacket or laptop, something went wrong, you contacted the store and got "we reject the complaint" or silence for two weeks. What now? This guide shows you step by step how to write a letter that the store will take seriously — citing specific provisions of Polish law.
Legal basis: Art. 43b of the Consumer Rights Act
Since 1 January 2023, the seller's liability for defective goods is governed by Art. 43b of the Consumer Rights Act (ustawa o prawach konsumenta). It replaced the warranty provisions of the Civil Code for consumer purchases. This means every product bought from a business (not a private individual) is subject to these rules.
Key points you need to know:
- You have 2 years to file a complaint, counted from the date you received the goods
- For the full 2 years there is a legal presumption that the defect existed at the time of purchase (Art. 43c §1). The store must prove the product was fine — you do not have to prove it was broken
- The store has 14 days to respond to a complaint (Art. 7a). No response within this period means the complaint is deemed accepted by force of law
- These rules are mandatory: the store cannot exclude or limit them in its terms and conditions
What you can demand and in what order
The law gives you concrete remedies. You may first choose between:
- Repair of the goods at the seller's cost
- Replacement with a new, defect-free item
The store may refuse only one of these options if it is impossible or would involve disproportionate costs. It cannot refuse both without justification.
If repair or replacement turned out to be ineffective, the store refused both options, or the defect is significant enough to qualify for immediate withdrawal (Art. 43e §3 CRA), you may demand:
- Price reduction by an appropriate amount
- Withdrawal from the contract, meaning a full refund
Important: if the store refused both repair and replacement, you may go straight to demanding a refund. You do not have to ask twice.
Statutory liability vs. manufacturer's warranty: not the same thing
Many consumers confuse statutory liability with a manufacturer's warranty — these are two separate instruments. A warranty is voluntary: the manufacturer or seller decides on what terms to offer it. It may last one year, two years, or not exist at all.
Statutory liability under the Consumer Rights Act is mandatory and lasts 2 years regardless of any warranty. The store cannot tell you "the warranty has expired so we cannot help" if the defect appeared within 2 years of purchase.
Always complain citing Art. 43b of the Consumer Rights Act, not the manufacturer's warranty. It is a stronger legal basis.
Common store excuses and how to counter them
"The product was fine when shipped — damage occurred on the buyer's side"
The store cannot simply state this and close the matter. Under Art. 43c §1, for 2 years from delivery there is a legal presumption that the defect existed at the time of delivery. The store must rebut this presumption by conducting an expert assessment at its own cost. A verbal claim of "it was fine" is insufficient.
"The 30-day complaint period has passed"
No provision of Polish law provides for a 30-day complaint window. The store may have such a clause in its terms, but it is void. Terms that shorten statutory consumer rights have no legal force. The statutory period is 2 years and no one can take that from you.
"The defect was caused by improper use"
The store may claim this, but must prove it. A bare assertion is not enough — it must present a technical opinion or expert report. If it does not, and the defect appeared within 2 years of purchase, the presumption under Art. 43c applies. Demand written justification for the refusal.
"Complaints do not apply to used goods"
Not true. The product was new when you bought it and is fully protected for 2 years. Using it for its intended purpose does not forfeit your right to complain.
What an effective complaint letter must contain
A casual email saying "please refund, it's broken" is easy to ignore. A formal letter citing statutory provisions puts the store under legal pressure: it knows it must respond within 14 days, and no response equals an accepted complaint.
The letter should include:
- Your name, surname, address and order number
- Seller's details: full company name and address
- Product description: name, date of purchase, price
- Description of the defect: what exactly is wrong and since when
- Reference to Art. 43b of the Consumer Rights Act
- Specific demand: repair, replacement or refund
- Note that no response within 14 days equals acceptance of the complaint (Art. 7a)
- Date and signature
Don't want to write it yourself? writeback.pl generates a ready-made complaint letter tailored to your situation, citing the correct statutory provisions.
How to send the complaint: email or registered letter
The best option is a registered letter with acknowledgement of receipt. You then have proof of the sending date (from which 14 days are counted) and confirmation that the store received it. In any legal dispute this is a key document.
Email is also effective as long as you have proof of sending: click "send" and keep the message in your Sent folder. If possible, request a read receipt.
Do not complain through the store's website contact form — it often leaves no trace on your side. Always send to the customer service email address or postal address.
Store did not respond within 14 days: what next
Art. 7a of the Consumer Rights Act is very precise: if the seller does not respond to a complaint within 14 calendar days of it being submitted, the complaint is deemed accepted. This is not a formality — it is binding law.
If 14 days have passed with no response, send a second letter stating that under Art. 7a the complaint is accepted and demanding fulfilment of your request (repair, replacement or refund). Give a 7-day deadline and note that you will refer the matter to UOKiK if there is no reaction.
When and where to seek external help
If the store refuses or keeps ignoring letters, you have several free options:
- Consumer Ombudsman (Rzecznik Praw Konsumentów): every county authority has an ombudsman who intervenes in disputes with businesses free of charge
- UOKiK: if the store engages in practices violating consumer rights on a large scale, file a complaint at uokik.gov.pl
- Arbitration Court at the Trade Inspection (Sąd polubowny przy Inspekcji Handlowej): free proceedings that end in a settlement or ruling. The seller must agree to participate
- Civil court: for higher-value disputes — several thousand zloty for electronics — consider a lawsuit. For disputes up to 20,000 PLN the simplified procedure is cost-effective (Art. 505¹ CCP)
Having trouble with a bank transaction rather than a store complaint? Read how to get a refund from your bank.
Summary: what you need to know about store complaints
- You have 2 years to complain, counted from the date of delivery, not the date of purchase
- Art. 43b of the Consumer Rights Act is your main basis: the store is liable, not the manufacturer
- For 2 years it is presumed that the defect existed from the start. The store must rebut this, not you
- You may demand repair, replacement, price reduction or refund. The store cannot refuse all options at once
- No response within 14 days = complaint accepted by law (Art. 7a). Document the date of sending
- The store cannot exclude or limit these rights in its terms. Such clauses are void