Smartphones are among the most frequently complained-about products in Poland. A cracked display without impact, a battery that drains far too fast, a failing speaker or camera — all of these can be the basis of a successful complaint. You have 2 years from the date of purchase, regardless of the manufacturer or operator.
Complaint to the store vs. complaint to the manufacturer
You have two separate routes:
- Complaint to the seller (store, operator) — under Art. 43b of the Consumer Rights Act. Lasts 2 years; the seller is liable for non-conformity. This is the statutory route and provides stronger protection.
- Manufacturer warranty claim (Samsung, Apple, Xiaomi, etc.) — a voluntary commitment from the manufacturer, with its own terms and exclusions. May be shorter or more restricted.
For most factory defects the statutory route is better: the store cannot simply say "water got inside" and refuse — it must prove it. Only go to the manufacturer when their warranty offers more (e.g. Apple Care).
Which defects qualify for a complaint
A phone is non-conforming with the contract (Art. 43a CRA) when it:
- Lacks properties it should have for its type (e.g. the camera does not perform as advertised)
- Is not fit for ordinary use — random reboots, no signal, system freezes
- Does not match the sample or model shown in the store
- Is incomplete — missing components that should be included
14-day response deadline
The store or operator has 14 calendar days to respond to your complaint (Art. 7a CRA). No response equals acceptance. Always file in writing — by email or registered post with proof of delivery.
Complaint about a phone purchased on a mobile plan
A phone bought as part of a plan is subject to the same rights. The operator is the seller and is liable for non-conformity under the CRA for 2 years. A phone malfunction does not affect your obligation to pay the monthly plan — these are two separate legal relationships.
If the operator refuses or directs you only to the manufacturer's service centre, file a written complaint citing Art. 43b CRA. You can also file a complaint with the President of UKE (Office of Electronic Communications), which supervises telecoms operators.
Battery, screen, speaker — the most common defects
Battery: Capacity naturally decreases over time, but if it drops below 80% of nominal capacity within a year, this may be a factory defect. If your phone loses capacity faster than manufacturers declare, you have grounds for a complaint.
Screen: Spots, dead pixels, OLED burn-in appearing spontaneously — these are factory defects, not the result of normal use. The store may claim impact damage, but must prove it.
Speaker / microphone: Crackling, muffled sound without mechanical damage — factory defects subject to complaint.
What to do if the complaint is rejected
If the store rejects the complaint claiming the defect was your fault, it may commission a technical expert report. You have the right to challenge that report and commission an independent one. If your independent report is favourable, you can recover its cost from the seller in court.