• Many consumers mistakenly believe that if there is a defect in the purchased goods (for example after a month of use), they can immediately withdraw from the contract and demand a refund. Some sellers, for the sake of maintaining good customer relationships, actually do this, but this is not the rule, and more often it is necessary to wait for the outcome of a complaint assessment.
• The consumer may state in the complaint record that they seek withdrawal from the contract, but they are primarily entitled to settle the complaint by repair, replacement of a part or the item, if the replacement is not disproportionate to the nature of the defect. Withdrawal from the contract would then be possible if the complaint could not be dealt with via the above mentioned options, or in case of a repeat occurrence of the defect or failure to settle the complaint within the legal thirty-day period.
• In cases where you have purchased goods on the Internet and you are entitled to withdraw from the contract within 14 days, it may seem more appropriate to withdraw from the contract than to complaint about the goods in the event of a defect occurring within this period. In such case, it is also advisable to inform the seller that you are withdrawing from the contract because the purchased goods were defective.
• According to some legal opinions, withdrawal is also possible in the event of a material breach of the contractual obligation. Unfortunately, this is a new provision of the Civil Code, and it is impossible to accurately estimate how it will be applied in practice. It will be necessary to wait for the first court decision.