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Case Details

Case Details
National ID RGD-32/2011
Member State Poland
Common Name link
Decision type Other
Decision date 30/12/2011
Court Prezes Urzędu Ochrony Konkurencji i Kon-sumentów
Subject
Plaintiff
Defendant
Keywords

Distance Selling Directive, Article 6, 1.

In a consumer contract for sale, a clause in the standard terms stating that, due to the fact that the seller usually has only one piece of the product offered on his website, any re-placement or return will not be accepted, is unfair.
The seller runs the popular website “Allegro.pl”. The standard terms available via this website contained the clause: “Due to the fact that the seller usually only has one piece of the product, any replacement or return will not be accepted.”
The facts were held violating the Polish law transposing the Distance Selling Directive 97/7/EC, in particular Article 7 (1), (3), Art 10 (1) of the Law on the Protection of certain rights of consumers.
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