Case law

  • 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:
  • Directive Articles
    Distance Selling Directive, Article 6, 1.
  • Headnote
    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.
  • Facts
    The seller runs the popular website “”. 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.”
  • Legal issue
    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.
  • Decision

    Full text: Full text

  • Related Cases

    No results available

  • Legal Literature

    No results available

  • Result