Reklamacja

Reklamacja is a formal claim lodged by a consumer or buyer toward a seller or service provider in connection with a defect in goods or with unsatisfactory performance of a service. It is the procedural path through which a buyer asserts their rights under civil law and consumer protection rules.

In Poland, reklamacja operates alongside two main legal concepts: rękojmia and gwarancja. Rękojmia is the seller’s liability for physical defects of goods and applies automatically when selling to a consumer by a professional seller. Gwarancja is a voluntary warranty or promise provided by the seller or manufacturer. Reklamacja describes the process of asserting these rights, while gwarancja and rękojmia define the legal bases for relief.

The consumer’s remedies typically include repair of the defect, replacement of the item, or, if repair or replacement is impossible, a price reduction or withdrawal from the contract. The exact remedy depends on the nature of the defect and the feasibility of cure or replacement.

To file a reklamacja, the buyer should provide a clear description of the defect, proof of purchase, and contact details, and submit the claim to the seller (in writing or by email is generally acceptable). The seller is expected to respond without undue delay, usually within 14 days, offering a remedy or explaining why the claim is rejected. If the seller fails to respond or the offer is unsatisfactory, the consumer can seek assistance from consumer protection authorities, a mediator, or pursue the matter in court.

Time limits apply: under rękojmia, the right to reklamacja generally must be raised within two years from delivery (one year for used goods sold by a professional seller in certain cases).