🛒 Consumer RightsWarranty & Guarantee Claims in Poland — Know Your Consumer Rights
Learn your warranty and guarantee rights as a consumer in Poland. Understand how to make claims, key deadlines, and what sellers must do by law.
Last verified: April 2026
When you buy goods in Poland, the law gives you strong protections if something goes wrong with your purchase. Poland's consumer rights framework, updated in 2023 to fully implement the EU Consumer Sales Directive, distinguishes between a statutory warranty (rękojmia) — which is automatic and free — and a commercial guarantee (gwarancja) — which is optional but adds extra protection. Understanding the difference and knowing how to use these rights can save you significant time and money.
⚖️ Your Key Rights
- ✓You have an automatic statutory warranty (rękojmia) for 2 years from the date of delivery on most new goods, with no need to purchase any additional protection.
- ✓For used goods bought from a business, the statutory warranty period may be reduced to a minimum of 1 year, but only if the seller clearly informs you of this reduction before purchase.
- ✓If a defect appears within the first year (extended to 2 years from January 2023 under updated rules for goods with digital elements), the law presumes the defect existed at the time of sale — the burden of proof is on the seller, not on you.
- ✓Under the statutory warranty, you can demand repair, replacement, a price reduction, or a full refund, depending on the nature and severity of the defect.
- ✓A commercial guarantee (gwarancja) is a voluntary promise made by the manufacturer or seller; its terms must be provided to you in writing or on a durable medium, and it cannot offer fewer rights than the statutory warranty.
- ✓You have the right to choose which protection to use — statutory warranty or commercial guarantee — and switching between them is permitted.
- ✓You must notify the seller of a defect within 2 months of discovering it to preserve your statutory warranty rights under older contracts; for contracts concluded after 1 January 2023, this notification requirement no longer applies to consumers.
📋 Common Situations Explained
New smartphone develops a fault within 6 months
If your new phone stops working properly within the first year, the law presumes the defect existed when you bought it. You can go directly to the seller and request a free repair or replacement without having to prove what caused the fault. The seller must respond to your claim within 14 days, or your request is automatically accepted.
Appliance breaks down after 18 months
Even after the first year, you are still covered by the 2-year statutory warranty. However, after the first year you may need to show that the defect is not the result of normal wear and tear or misuse. Gathering evidence such as photos, usage logs, or an independent technical opinion can strengthen your claim.
Seller refuses to acknowledge the complaint
If the seller ignores your complaint or fails to respond within 14 days, your chosen remedy (repair, replacement, or refund) is legally deemed accepted. You can then escalate the matter to the Trade Inspection (Inspekcja Handlowa) or a consumer arbitration court, which is free for consumers.
Manufacturer's guarantee offers extra coverage
Some manufacturers offer guarantees of 3 or 5 years on certain products. These are enforceable promises, and the guarantee document outlines exactly what is covered. You can use this guarantee alongside — or instead of — your statutory warranty rights, choosing whichever offers the better remedy for your situation.
Buying second-hand goods from a shop
If you buy used goods from a professional seller (not a private individual), you still have statutory warranty rights, but the seller may have shortened the period to 1 year. Check your receipt or contract for this information. Buying from a private individual on platforms like OLX means statutory warranty protections generally do not apply.
🚀 What To Do
- 1Document the defect as soon as you discover it — take clear photos or videos, note the date, and keep all original packaging, receipts, and any warranty cards or documents.
- 2Contact the seller in writing (email or registered letter) clearly stating the defect, when you discovered it, and what remedy you are requesting — repair, replacement, price reduction, or refund. Written communication creates a paper trail.
- 3Wait up to 14 days for the seller's response. If the seller does not respond within 14 calendar days, your requested remedy is treated as accepted by law.
- 4If the seller rejects your claim or offers an unsatisfactory response, escalate the matter to the Provincial Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej) in your region, which can mediate the dispute for free.
- 5For disputes that cannot be resolved through mediation, apply to a Permanent Consumer Arbitration Court (Stały Polubowny Sąd Konsumencki) — these operate free of charge for consumers and can issue binding decisions.
- 6If the amount at stake is significant or the seller is uncooperative, consult a consumer lawyer or the Consumer Ombudsman (Rzecznik Konsumentów) in your municipality, who can advise you and even represent you free of charge.
👨⚖️ When to Get a Lawyer
Consider seeking professional legal help if the seller or manufacturer refuses a valid claim for an expensive item, if you have suffered additional losses because of the defect, or if the case involves complex technical evidence that arbitration bodies cannot easily resolve. A consumer lawyer or your local Consumer Ombudsman can often provide initial advice at no cost.
🔗 Official Resources
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