Returns & Complaints in E-commerce: Seller Duties

A return and a complaint are two different legal instruments with separate deadlines and obligations. We explain what an online seller is really responsible for: goods' non-conformity with the contract, the guarantee, the 14-day withdrawal right, and the durable medium.

Returns vs. complaints — two different rights you must keep separate

The most common mistake made by Polish online stores is treating a “return” and a “complaint” as a single process. These are two entirely different legal instruments with separate deadlines, obligations, and consequences. A complaint concerns defective goods that don’t conform to the contract — the consumer wants you to fix the problem. A return (formally: withdrawal from a distance contract) is the right to give back working goods within 14 days without stating a reason. Confusing the two ends in lost disputes and the risk of penalties from the UOKiK.

In short, an online seller’s obligations look like this: you are liable for goods’ non-conformity with the contract for 2 years, you have 14 days to respond to a complaint (silence = acceptance), you must accept a return within 14 days of the goods being delivered and refund the money together with the cost of the cheapest delivery, and you provide every confirmation and notice on a durable medium. Below I break this down into its component parts — no fluff.

Non-conformity of goods with the contract — what replaced the statutory warranty in B2C

Since January 1, 2023, in business-to-consumer (B2C) relations, the concept of the “statutory warranty” (rękojmia) has been replaced by the regime of non-conformity of goods with the contract, regulated in the Consumer Rights Act (Articles 43a–43g). The classic statutory warranty under the Civil Code still applies, but only in B2B trade and between private individuals. In practice, when selling to consumers online, you handle complaints precisely on the basis of non-conformity of goods with the contract — even though customers still colloquially say “rękojmia.”

Goods are non-conforming with the contract, among other cases, when:

• they don’t match the description, type, quantity, quality, or functionality set out in the contract;
• they aren’t fit for the purpose the consumer told you about at the time of purchase;
• they lack features the consumer could reasonably expect based on photos, advertising, or a sample;
• they were delivered without the accessories, instructions, or updates that were part of the offer (this also applies to goods with digital elements).

2 years of liability and a presumption against you

You are liable for a lack of conformity that existed at the moment of delivery and comes to light within 2 years of that moment (Art. 43c of the Consumer Rights Act). The key rule is the presumption: if a defect appears within those 2 years, it is assumed to have existed already at delivery — and it is you who must prove otherwise. This is a significant change from the old statutory warranty, where the presumption applied for only 12 months. Today, for the full two years, the burden of proof rests on the seller, so “it’s the customer’s fault” without evidence isn’t enough to reject a complaint.

Not just consumers — also an entrepreneur with consumer rights

Remember that part of this protection also covers sole proprietorships. A natural person running a business who buys goods unrelated to the professional nature of their activity (e.g., a photographer buying a kettle for the office) benefits from the 14-day withdrawal right and from the rules on non-conformity of goods with the contract. So you can’t treat every “business” purchase as pure B2B trade.

Statutory warranty (non-conformity) vs. guarantee — obligation versus goodwill

This distinction decides who is responsible for what. Non-conformity of goods with the contract is your statutory obligation — you can’t exclude or limit it toward a consumer. The guarantee is voluntary — it is granted by the guarantor (most often the manufacturer or importer) on their own terms. The consumer can choose which path to use and has the right to use both independently.

Remember: even if the manufacturer provides a guarantee, the consumer can file a complaint with you on the basis of non-conformity of goods with the contract. You can’t send them off to the manufacturer’s service center or make handling the complaint conditional on the guarantee.

A complaint step by step — and the mandatory 14 days

The hierarchy of the consumer’s claims

The law imposes an order. First, the consumer may demand repair or replacement of the goods — and it’s the consumer who indicates the method, though you may propose the other solution if the chosen one is impossible or would require excessive costs. Only in the second instance — when repair or replacement is impossible, has failed, you have refused it, or the lack of conformity is significant — may the consumer demand a price reduction or withdrawal from the contract and a refund. In the case of a significant non-conformity, the consumer may skip the repair stage and demand withdrawal right away.

All the costs of the operation fall on the seller: collecting the goods, shipping, labor, materials, and re-delivery. You can’t shift the cost of returning defective goods onto the consumer — it’s often practical to include a ready-made return label to shorten the whole process.

14 days to respond — silence means acceptance

You have 14 calendar days from receiving the complaint to provide a response (Art. 7a of the Consumer Rights Act). If you don’t respond within this deadline, the complaint is deemed accepted — on the terms the consumer demanded. This is one of the costliest mistakes in e-commerce: a missed email can mean you’re obligated to replace the goods or refund the money with no room for discussion. That’s why complaint submissions should land in a single, monitored queue rather than getting lost across several inboxes — orderly order handling with a clear owner for every case helps here.

Proof of purchase — the receipt isn’t mandatory

A common seller myth goes: “no receipt, no complaint.” That’s not true. The consumer only needs to make it plausible that they bought the goods in your store, and the proof can be any document: a bank payment confirmation, a printout of the order history, a confirmation email, a card statement, or even a witness’s testimony. Making the acceptance of a complaint conditional on presenting the original receipt is a practice the UOKiK treats as a violation of consumer rights. Likewise, you can’t require the original packaging as a condition for handling a complaint — its absence doesn’t strip the customer of their rights. A practical solution here is a solid sales history: when you pull orders from various channels together in one place, finding a transaction takes seconds instead of searching through several panels.

The right to a 14-day return (withdrawal from the contract)

Regardless of a complaint, a consumer buying at a distance has the right to withdraw from the contract within 14 days without stating a reason. The period runs from taking possession of the goods (with multiple parcels — from the last one). To meet the deadline, it’s enough to send the declaration before it expires; the consumer can ship the goods themselves later.

Watch out for the information trap: if you don’t inform the consumer about the right of withdrawal, the deadline is extended by up to 12 months. That’s why the withdrawal notice and the model withdrawal form must be a permanent element of the store’s communication, not a document hidden in the terms and conditions.

Who pays for shipping on a return

• Refund of the product price + the cost of delivery to the customer — on your side, but only up to the amount of the cheapest delivery option offered. If the customer chose a more expensive courier, they cover the difference themselves.
• The cost of sending the goods back to the store — as a rule on the consumer’s side, unless you failed to inform them of this obligation or offered free returns yourself.
• Refund deadline — 14 days from receiving the declaration; you may withhold payment until you receive the goods or proof they were sent back.
• Reduced value — if the customer used the goods beyond what was necessary to check their features and functioning, you may charge them an amount corresponding to the reduction in value.

When the 14-day return doesn’t apply

Article 38 of the Act lists the exceptions. The right of withdrawal doesn’t cover, among others:

• non-prefabricated goods made to order or personalized (e.g., engraving, custom sizing);
• items that are quick to perish or have a short use-by date;
• goods in sealed packaging that can’t be returned once opened for hygiene or health reasons;
• audio and video recordings and software in sealed packaging — once it has been opened;
• digital content supplied without a medium, if performance began with the consumer’s express consent;
• newspapers, periodicals, and magazines (except for a subscription contract).

Interpret the exceptions narrowly. In case of genuine doubt, it’s safer to accept the return than to risk a dispute and a UOKiK decision.

The durable medium — an obligation stores forget about

You must provide the consumer with the confirmation of the contract, the terms and conditions, and the withdrawal notice on a durable medium, at the latest at the moment the goods are delivered. A durable medium is a material that, together: allows information addressed personally to be stored, enables access to it in the future for an appropriate period, and allows it to be reproduced in an unchanged form.

In practice: an email (ideally with a PDF attachment), a savable downloadable file, or an SMS meet the requirement. What does not meet it — according to the UOKiK’s position — is content on a website or in the account panel alone, which the seller can change or delete at any time. Sending just a link to a page whose content can change is also insufficient. A simple habit of “confirmation + terms and conditions as a PDF in the post-purchase email” settles the matter.

Complaint vs. 14-day return — a quick comparison

What you must not put in your terms and conditions

Provisions contrary to consumer rights are ineffective — they don’t bind the customer even if they accepted the terms and conditions, and including them exposes you to proceedings over prohibited clauses. The most common banned provisions include:

• shortening the statutory liability period (2 years) or the withdrawal period (14 days);
• making a complaint or return conditional on the original packaging or the receipt alone;
• excluding the right to return “discounted” or “clearance” goods without a basis in Art. 38;
• shifting the cost of repair or replacement onto the consumer for an accepted complaint;
• a provision that “complaints are not accepted” or that they are handled solely by the manufacturer;
• extending your own deadline for refunding money beyond the statutory 14 days.

Safe terms and conditions repeat the statutory standard or give the customer more (e.g., 30 days for a return) — never less.

When there’s no agreement — out-of-court dispute resolution

If a dispute with a consumer escalates, it’s worth knowing the paths you’re obligated to inform about anyway. The consumer can turn to the district (municipal) consumer ombudsman for free advice, submit a request for mediation or an amicable settlement to the provincial inspectorate of the Trade Inspection, or use the permanent amicable consumer court. Participation in amicable proceedings is sometimes voluntary, but the signal “we’re going to the ombudsman” is the moment when most disputes can be closed with a settlement more cheaply than in court. The scope and forms of ADR may change — specific contact details and current procedures are worth verifying at the source (UOKiK, the consumer ombudsman).

A checklist of seller obligations

• visible terms and conditions, a withdrawal notice, and a model return form;
• confirmation of the contract on a durable medium, at the latest at delivery;
• a complaints procedure with a watched 14-day deadline for a response;
• accepting 14-day returns and paying out within 14 days (price + cheapest delivery);
• covering the cost of repair, replacement, and collection for an accepted complaint;
• not splitting the customer between the “manufacturer’s guarantee” and your statutory liability.

What’s changing in 2026

The foundation — 2 years of liability for non-conformity, 14 days to respond, 14 days for a return, and the guarantee as a voluntary commitment — remains unchanged. The direction of regulation is rather toward ease and transparency of the process: there’s talk of an obligation to provide a simple, always-visible withdrawal mechanism and clear information about return costs even before purchase, roughly from mid-2026 (the exact scope and dates are worth verifying at the source, e.g., the UOKiK). I lay this out in detail in a separate post on the new e-commerce return rules for 2026.

The more sales channels (Allegro, your own store, a marketplace), the easier it is to lose a case between inboxes and panels. Gathering complaints and returns in one place is a task that, in the future, a panel like Nimo is also meant to make easier — but for now, the most important thing is simply organizing the process itself and its automation, regardless of the tool.

Frequently asked questions

Do I have to accept a return of goods without a stated reason?

Yes. In distance sales, the consumer has 14 days to withdraw from the contract without justification — except for the exceptions in Art. 38 (e.g., personalized goods, sealed hygiene products, digital content after performance has begun). You must refund the price and the cost of the cheapest delivery within 14 days.

Can I send a customer with a complaint to the manufacturer?

No. You, as the seller, are liable for non-conformity of goods with the contract. The manufacturer’s guarantee is additional and voluntary — the consumer decides which path to use, and you can’t make the complaint conditional on the manufacturer’s service center.

What happens if I don’t respond to a complaint within 14 days?

The complaint is deemed accepted on the terms demanded by the consumer. Silence works against you, so keep an eye on the deadline counted from the day the submission is received.

What’s the difference between the statutory warranty and the guarantee?

The statutory warranty (today in B2C: non-conformity of goods with the contract) is a statutory, mandatory regime of seller liability for 2 years. A guarantee is a voluntary commitment by the guarantor on their own terms. The consumer can use both independently.

Is an email enough as a durable medium?

Yes — an email message, ideally with a PDF attachment, meets the durable medium requirement because it allows information to be stored and reproduced in an unchanged form. A website or account panel alone, whose content can be changed, do not meet the requirement.