Faulty Goods Bought in Poland While Living in the UK

You bought something from a Polish shop — a physical one while you happened to be back home, or online after you'd already moved to England — and the item turned out to be faulty. The phone won't charge, the jacket has a broken zip, the furniture arrived scratched. The problem: you're in the UK, the shop is in Poland, and the item somehow has to go back. Does making a complaint about faulty goods bought in Poland while living in the UK even make sense at a distance? It does — and this guide explains the legal basis for your claim, what remedies you can ask for, who covers the cost of sending a faulty item back from the UK to Poland, and how long the seller has to respond.

This guide is general legal information, not legal advice. How the rules apply depends on the contract, the evidence and the circumstances — and on whether the matter is a consumer, civil or business-to-business one. If you need advice or representation, the matter should be assessed by a qualified Polish lawyer or another appropriate specialist. Twoja Sprawa helps you organise the documents for that assessment.

Goods or services — why the distinction matters

Before you write a complaint, work out whether you're complaining about goods (a physical item) or a service. This isn't just a formality — a different legal regime applies to each.

• Goods — you bought a specific item: clothing, equipment, furniture, cosmetics. For a consumer, the applicable regime is non-conformity of goods with the contract (Chapter 5a of the Polish Consumer Rights Act, in force since 1 January 2023). That's the basis for this article.
• Services — someone carried out work for you (a renovation, a house move, a repair). The procedure there is different — we've covered it in a separate guide: Service performed not in accordance with the contract — how to complain step by step.

Living in the UK doesn't in itself change the legal basis of your claim — if you bought goods from a Polish seller as a consumer, Polish consumer law applies regardless of where you physically collect or use the item. What matters is your role in the transaction: if you bought it for private (non-business) purposes, you're a consumer and have full consumer protection — the right to claim non-conformity, 14 days to cancel, and access to a consumer ombudsman (rzecznik konsumentów, a local consumer-rights official in Poland).

The legal basis for a goods complaint — non-conformity and statutory warranty

For a consumer buying goods from a Polish trader, the basis for a complaint is non-conformity of the goods with the contract — a mechanism introduced into the Consumer Rights Act (Chapter 5a) when Poland implemented EU Directive 2019/771, in force since 1 January 2023. It replaced the previous consumer rękojmia (statutory warranty for defects) that used to apply to sales of goods.

In practice, goods are treated as faulty if they don't match what the parties agreed, aren't fit for the purpose such goods are normally used for, or lack the qualities you could reasonably expect of that type of item (for example, as described on the shop's website, in advertising, or on the label).

The statutory warranty under the Polish Civil Code (rękojmia, Articles 556–576 KC) still applies, but mainly in business-to-business (B2B) relationships and in situations where the consumer regime doesn't apply. If you bought goods as a private individual, you'll mainly be dealing with non-conformity of goods with the contract, not the classic statutory warranty.

A separate matter is the commercial guarantee (gwarancja, Article 577 KC) — a voluntary undertaking by the manufacturer or seller, independent of the statutory liability for non-conformity. If the goods came with a guarantee card, you can choose which route to pursue — but a guarantee doesn't replace your consumer rights, it supplements them.

If you bought the goods as a business (a Polish sole trader, JDG) for purposes connected with that business, and the purchase had a professional character for you, consumer protection may not apply. — whether a purchase has a "professional character" depends on an assessment of the specific transaction.

What remedies you can claim — and in what order

The Consumer Rights Act sets out a specific order of remedies, not a free choice from the outset:

1. Repair or replacement — this is the first step. You can choose which one you want (repair or a replacement item), but the seller can refuse if your chosen option is impossible or would involve disproportionate cost compared with the other.
2. Price reduction or cancellation of the contract — only once repair and replacement are impossible, the seller hasn't carried them out within a reasonable time, or the non-conformity persists despite an attempted repair or replacement. You cannot cancel the contract if the non-conformity is minor.

The seller must carry out the repair or replacement without excessive inconvenience to the consumer, taking into account the nature of the goods and the purpose for which you bought them. The fact that you live in the UK, and the item has to travel to Poland and back, is exactly the kind of circumstance worth spelling out in your complaint — it lengthens the logistics, but doesn't release the seller from its obligations.

Who pays to send faulty goods back from the UK

This is the question that worries buyers living abroad the most: do I have to pay for international postage out of my own pocket?

The rule is that costs connected with the non-conformity of goods — including the cost of returning the item for repair, replacement, or in order to cancel the contract — fall on the seller, not the consumer. The seller collects non-conforming goods at its own expense. In practice, this means it should either cover the cost of the return postage (for example, by reimbursing you against proof of postage) or arrange collection. — exactly how costs are settled for an international (UK → Poland) parcel isn't explicitly regulated for cross-border situations; shops handle it differently in practice (reimbursing the cost afterwards, sending a prepaid return label, arranging a courier at the seller's expense). It's worth asking this question directly in your complaint and getting a clear answer before you post the parcel at your own expense.

Practical tips for shipping from the UK:

• Keep proof of postage and the parcel's weight — this is your basis for claiming reimbursement if the seller tells you to send the item back yourself.
• Ask the shop for its preferred method — some online shops already have international return procedures in place (a printable label, a specific courier).
• Don't throw away the packaging or tags until the matter is resolved — sellers sometimes use the lack of original packaging as a (often groundless) argument against a complaint.
• Consider insuring the parcel for higher-value items — if it goes missing on the way to Poland, that complicates any dispute over whether your complaint even arrived.

Time limit for a complaint and how long the seller has to respond

The seller is liable for non-conformity of goods with the contract if the defect appears within a set statutory period from the date the goods were handed over — for consumer goods, that period is commonly counted in years. — the exact, current period of the seller's liability (and any presumption that a defect already existed at the time of delivery, if it appears within a shorter specified period) should be confirmed with a lawyer before you decide anything, since the rules in this area are periodically clarified and amended.

As for the response procedure itself — once a complaint is submitted, the seller should respond to the consumer's demand within a reasonable time. In practice, it's worth:

• Setting a specific deadline in your written complaint (e.g. 14 days to respond) — this keeps the correspondence organised and gives you a clear reference point.
• Sending your complaint in a way that leaves proof of delivery — an email with a read receipt, a form on the shop's website with confirmation, or, if you prefer paper and the shop has a registered address, recorded delivery.
• Keeping a record of every message — the date sent, the date of reply, the content. In a cross-border matter, this kind of documentation matters even more, since a "quick phone explanation" is harder to arrange.

Cancelling a distance contract — 14 days is a different thing from a complaint

If you bought the goods online (an online shop, a phone order) and simply changed your mind — regardless of whether the goods are faulty — you have a separate right: 14 days to cancel a distance contract without giving a reason (Article 27 of the Consumer Rights Act). This right applies to consumers buying at a distance or away from the trader's business premises.

This distinction matters:

• A complaint — the goods are faulty, non-conforming with the contract. There's no 14-day limit; what matters is the seller's period of liability for non-conformity.
• Cancelling a distance purchase — the goods may be entirely sound; you simply changed your mind or they don't suit you. You have 14 days from receiving the goods to do this, but you usually cover the return postage yourself, unless the shop's terms say otherwise.

Note: the 14-day right to cancel doesn't apply to a purchase made in a traditional bricks-and-mortar shop in Poland (for example, if you bought something in person while on holiday there) — it only applies to purchases made at a distance or away from the trader's premises. If goods bought in person turn out to be faulty, you're back on the complaints route described above, not the cancellation route.

When the shop rejects your complaint

A seller may refuse to accept a complaint, claiming, for example, that the defect was caused by the user, that it's normal wear and tear, or that the goods didn't arrive in a condition that confirms a manufacturing fault. What to do then:

1. Ask for the refusal in writing — you're entitled to know the basis on which the shop is refusing.
2. Gather documentation that contradicts the shop's arguments — unboxing photos, order correspondence, and, if possible, an independent service report.
3. Consider contacting a consumer ombudsman (rzecznik konsumentów) in Poland (the one covering the seller's registered location) — the ombudsman can take up your case with the trader, though it doesn't replace the courts.
4. Cross-border matters (you in the UK, the seller in Poland) tend to be procedurally more complex — another reason, if a significant sum is at stake, to have a Polish lawyer review the matter before you decide on further steps.
5. Don't give up just because of the distance — being based in the UK doesn't weaken your legal position as a consumer against a Polish seller, but it does call for more patience with the logistics (parcels, contact, waiting times).

If the shop's arguments are unclear, or the sum involved is significant, it's worth having a qualified Polish lawyer assess the matter — particularly where there's a dispute over whether the cost of return postage from the UK should fall on you or on the seller.

Frequently asked questions

Can I complain about goods bought in Poland now that I live in the UK? Yes. Where you live doesn't change the fact that you bought the goods from a Polish seller as a consumer — Polish consumer law applies, including the rules on non-conformity of goods with the contract.

Who pays for return postage on a complaint made from abroad? As a rule, costs connected with non-conformity of the goods, including returning the item, fall on the seller. exactly how costs are settled for an international parcel — it's worth agreeing this with the shop in writing before you send anything, so you have proof of the arrangement.

Do I have to send the goods back in their original packaging? It's worth keeping the packaging if you can, but the lack of the original box is not usually, by itself, grounds to refuse a complaint about faulty goods — that's a different situation from a return under the 14-day cancellation right, where the condition of the goods tends to be assessed more strictly.

What's the difference between a complaint and a 14-day cancellation? A complaint concerns faulty goods — there's no fixed 14-day limit. Cancelling a distance purchase concerns sound goods you're giving up without stating a reason, and must happen within 14 days of receiving them, provided you bought online or away from the seller's premises.

Can the shop just ignore me? Silence beyond a reasonable time doesn't end the matter — you can send a further demand with a set deadline, refer the matter to a consumer ombudsman, or, for a larger sum, take advice from a lawyer on further steps.

How do I prepare if the shop keeps refusing? It's worth putting together all the documentation — the order confirmation/contract, correspondence, photos, proof of postage — before the matter goes to further review. See: How to put together an evidence pack for a dispute with a company

Legal sources

• Act of 30 May 2014 on Consumer Rights (Dz.U. 2014 item 827, consolidated text) — Chapter 5a: non-conformity of goods with the contract; Article 27: cancellation of a distance contract (14 days); Article 38: exceptions to the right of cancellation. Source: isap.sejm.gov.pl.
• Act of 23 April 1964, the Civil Code (Dz.U. 1964 No. 16 item 93, consolidated text) — Articles 556–577: statutory warranty (rękojmia) and guarantee (gwarancja). Source: isap.sejm.gov.pl.
• Information on consumer rights, complaints and consumer ombudsmen — uokik.gov.pl/prawakonsumenta (in Polish).

Related articles: - Service performed not in accordance with the contract — how to complain step by step - How to put together an evidence pack for a dispute with a company