04 Dec 3474 views

Municipal Consumer Ombudsman in Wroc?aw

The website of the Municipal Consumer Ombudsman in Wroc?aw contains important information - templates of documents, guides and selected legal regulations. Moreover, it contains materials and publications issued by the Office of Competition and Consumer Protection as well as video content.

The Municipal Consumer Ombudsman in Wroc?aw acts solely for the benefit of the citizens of Wroc?aw (i.e. persons, who reside in the City of Wroc?aw, and the city is the centre of their personal interests). Persons living in other cities may refer to the local Consumer Ombudsman in their county for assistance.

Useful information regarding, for instance, the competent consumer ombudsman or other institutions which provide assistance or information on the consumer protection system in Poland, as well as the key legal regulations, can be obtained from the website of the Office of Competition and Consumer Protection at the following address:

https://www.uokik.gov.pl/consumer_protection4.php

Key practical information that will make it easier to use the legal assistance provided by the Municipal Consumer Ombudsman in Wroc?aw is presented below.

Our contact details:

Municipal Consumer Ombudsman in Wroc?aw

Wroc?aw City Hall

G. Zapolskiej 4,
50-032 Wroc?aw

tel. +48 717 77 79 02, fax +48 717 77 86 62
brk@um.wroc.pl

Consumer Service Section
tel. +48 717 77 75 59

Consumer institutions providing free legal assistance

Prerequisites for receiving assistance, local and material jurisdiction of the Consumer Ombudsman

The Municipal Consumer Ombudsman in Wroc?aw - in accordance with the binding legal regulations provisions - provides legal assistance only to consumers, i.e. natural persons who have entered into an agreement (for sale, work, service) for a private purpose with a company which has sold goods or services as part of its business activity.

Only permanent residents of Wroc?aw are eligible for services rendered by the Municipal Consumer Ombudsman in Wroc?aw, i.e. persons who reside in the City of Wroc?aw, the city is the centre of their personal interests and have concluded an agreement with a company registered in Poland.

The Municipal Consumer Ombudsman performs his duties on the basis of the provisions of the Act of 16 February 2007 on Competition and Consumer Protection.

The full content of the aforementioned Act along with other legal regulations on consumer protection is available here:

https://www.uokik.gov.pl/consumer_protection.php

Analysis of each case reported to the consumer ombudsman requires an examination of all the available documentation (in particular contracts, bills, acceptance reports, complaints and the correspondence with the seller/contractor). The Municipal Consumer Ombudsman applies to the business owner only after the consumer has exhausted the existing complaint and appeal procedure.

Mediations conducted by consumer ombudsmen are amicable, which means that the business owner may uphold the negative decision. In such a case, the consumer will have to take the case to court.

The Municipal Consumer Ombudsman in Wroc?aw does not provide legal advice by electronic correspondence. Only complete applications are accepted for registration in electronic form (completed and signed application/authorisation downloaded from the website together with attachments constituting a complete case file).

Consumer's Application

If you prefer to be contacted by e-mail, please contact E-Consultation Consumer Centre by sending an e-mail to porady@dlakonsumentow.pl

The Centre provides answers to inquiries received only from consumers, i.e. natural persons performing legal actions not related to their business or professional activity with business owners.

Legal advice is provided by the employees of the Municipal Office of the Consumer Ombudsman in Wroc?aw by phone (in simple cases, which do not require detailed analysis of documents) as well as directly - the visit does not require a prior appointment, but please remember to bring all documents related to the reported issue.

Responses to written requests and inquiries in consumer protection cases shall be issued as soon as possible in the order of receipt - as a rule, within 1 month after registering each case.

Please note!

Advice and legal aid provided by the Consumer Ombudsman is free of charge.

The matters handled by the Consumer Ombudsman involve in particular:

sales contracts
contractual works and services provided by companies (e.g. repair services, companies providing renovation works, furniture contractors, window carpentry and other items made to order)
telecommunication services
tourist services
transport and postal services
banking services
energy services
services related to real estate
educational services

The Ombudsman does not handle cases regarding, among others, the following:

contracts concluded between two natural persons who are not consumers
agreements concluded between businesses (companies)
matters relating to data protection
matters relating to the protection of personal rights
matters relating to the services provided by the National Health Fund
matters relating to social security
rights of members of housing associations
labour law;
matters handled by public administration bodies

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In the event that the purchased item does not comply with the agreement or in the event of revealing any potential defects, the Buyer-Consumer has the right to file a warranty or guarantee claim.

Complaint - how to file

As a rule, a complaint should be filed in writing, as soon as possible after noticing a defect in the item (not later than one year after noticing a defect, in the case of a warranty). You have to right to appeal against all rejected complaints.

Complaint under the Seller’s warranty:

in accordance with the law - can be filed
2 years after the date of purchase
the time limit for handling a complaint is 14 days - if complainant requests a repair, replacement or a price reduction. The 14-day time limit does not apply if the complainant requests a refund.
you have the right to demand: repair, replacement, price reduction or withdrawal from the contract (refund)
in the case of replacement, the Seller's liability shall apply accordingly as to a new item
the Seller’s liability is full and applies to all components of the items, such as decorative elements

Complaint under the guarantee to the Guarantor - the manufacturer of the product, the importer, and sometimes the seller:

remains in force if granted
the guarantee period is determined in the guarantee card If not determined in the guarantee card, the guarantee period is 2 years
the time for processing the complaint is determined in the guarantee card. If not determined in the guarantee card, the period shall be 14 days from the date of delivery of the disputed item
The scope of a complaint is specified in the guarantee terms and conditions
the liability of the guarantor may be limited both in terms of time (for instance, 6 months for a phone charger) as well as in terms of the type of damage (e.g. exclusion of mechanical damage)
in the case of replacement, the guarantor's liability shall apply accordingly as to a new item and shall be extended by the time during which the item is not used

Withdrawal from an agreement - returning a product

The right to withdraw from an agreement:

1. Products sold in a stationary store

Product free from defects may only be returned with the Seller's consent under the specified conditions.

Please note!

The seller may accept the returned product but is under no obligation to do so.

2. Off-premises sales:

The consumer has the right to withdraw from the purchase agreement within 14 days after receiving the item or after signing the agreement by filing an appropriate declaration.

The consumer must return the item no later than 14 days after withdrawing from the agreement (the item must be sent back before the time limit lapses).
The business owner is obliged to return all received payments within 14 days after receiving the declaration of withdrawal.
In the event that the Seller does not collect the returned product, the product may be sent back again at the Seller’s expense or, alternatively, the Seller may be asked to refund the costs of another shipment.
Withdrawal from sales contract does not apply to sales of items of value not exceeding fifty PLN.

The right to withdraw from an off-premises contract shall not apply to the following agreements:

service agreements, in the event that the business owner has fully carried out the service with your explicit consent and prior to the service you were informed that you will lose the right to withdraw from the agreement after the service is carried out (applicable to services such as, for instance, VOD, Pay Per View);
under which the price or remuneration depends on fluctuations in the financial market, which are beyond the business owner’s control, and which may occur before the deadline for withdrawal;
in the event that the service involves an unprocessed item, manufactured to your specifications or to meet your individual needs (e.g. installing cable TV in your apartment);
under which the object of the service is an item which quickly expires or has a short shelf life (e.g. a pizza ordered by phone);
under which the object of the service is a Product supplied in sealed packaging which, cannot be returned for health or hygienic reasons if opened after delivery (e.g. a bar of soap);
under which the object of the service are items which by nature are inseparably combined with other items after delivery (e.g. heating furnace installation);
under which the object of the service are alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales agreement, and which may be delivered only after 30 days and whose value depends on market fluctuations which remain beyond the business owner’s control;
which contain your express request for the business owner to arrive to your premises to carry out urgent repair or maintenance works (e.g. leaking pipe, broken car window); if the business owner provides additional services in addition to those directly requested or provides items other than spare parts required to carry out repair or maintenance, the consumer shall have the right to withdraw in respect of the additional services or items;
which involve providing audio or visual recordings or computer programs in sealed packaging if the packaging is opened after delivery;
for the supply of newspapers, periodicals or magazines, except for subscription agreement;
concluded by means of a public auction;
for the supply of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service;
for the supply of digital content which is not recorded on a physical medium, if the service had begun after your express consent prior to the expiry of the withdrawal period and after the business owner has informed you about the loss of the right to withdraw from the agreement (i.e. providing an audio-visual recording by mail).

3. Distance selling:

Each consumer has the right to withdraw from the purchase agreement within 14 days after receiving the item or after signing the agreement by filing an appropriate declaration.
The consumer must return the item no later than 14 days after withdrawing from the agreement (the item must be sent back before the time limit lapses).
The business owner is obliged to return all received payments within 14 days after receiving the declaration of withdrawal.
In the event that the Seller does not collect the returned product, the product may be sent back again at the Seller’s expense or, alternatively, the Seller may be asked to refund the costs of another shipment.

The right to withdraw from an agreement concluded away from business premises shall not apply to the following agreements:

service agreements, in the event that the business owner has fully carried out the service with your explicit consent and prior to the service you were informed that you will lose the right to withdraw from the agreement after the service is carried out (applicable to services such as, for instance, VOD, Pay Per View);
under which the price or remuneration depends on fluctuations in the financial market, which are beyond the business owner’s control, and which may occur before the deadline for withdrawal;
in the event that the service involves an unprocessed item, manufactured to your specifications or to meet your individual needs (e.g. installing cable TV in your apartment);
under which the object of the service is an item which quickly expires or has a short shelf life (e.g. a pizza ordered by phone);
under which the object of the service is a Product supplied in sealed packaging which, cannot be returned for health or hygienic reasons if opened after delivery (e.g. a bar of soap);
under which the object of the service are items which by nature are inseparably combined with other items after delivery (e.g. heating furnace installation);
under which the object of the service are alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales agreement, and which may be delivered only after 30 days and whose value depends on market fluctuations which remain beyond the business owner’s control;
which contain your express request for the business owner to arrive to your premises to carry out urgent repair or maintenance works (e.g. leaking pipe, broken car window); if the business owner provides additional services in addition to those directly requested or provides items other than spare parts required to carry out repair or maintenance, the consumer shall have the right to withdraw in respect of the additional services or items;
which involve providing audio or visual recordings or computer programs in sealed packaging if the packaging is opened after delivery;
for the supply of newspapers, periodicals or magazines, except for subscription agreement;
concluded by means of public auction;
for the supply of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service;
for the supply of digital content which is not recorded on a physical medium, if the service had begun after your express consent prior to the expiry of the withdrawal period and after the business owner has informed you about the loss of the right to withdraw from the agreement (i.e. providing an audio-visual recording by mail).

Caution!

Remember to inspect the shipment upon receipt for visible external damage, or be particularly careful if the packaging bears traces of damage. The parcel should be examined in the presence of a delivery courier. If you don’t do that for any reason, you still have 7 days to call in the courier and draw up a damage report.