Information obligations of the trader towards the consumer

An entrepreneur who enters into a contract with a consumer must inform him of a full scope of different circumstances relating to the performance of the contract. The exact scope of this work depends on which contract and how it is to be concluded.

The consumer, in another words, by any simplification, is considered to be the weaker organization to the legal relation than the entrepreneur. Both the EU legislator and the Polish legislature adopt specified an approach. This, in turn, translates into the peculiar protection which the laws supply for the consumer and certain obligations, in peculiar information, which must be fulfilled by the self-employed.

Main obligations of the entrepreneur

The key information obligations of the trader towards the consumer are set out in Article 8 of the Consumer Rights Act. In accordance with that provision, any trader, at the latest at the time erstwhile the consumer expresses his want to be bound by the contract, must inform him of:

• the main characteristics of the benefit, taking into account the subject substance of the benefit and the manner in which the consumer communicates;
• their recognition data;
• the full price or remuneration for the benefit together with taxes or, if the price cannot be accurately calculated at the transaction stage, the method of calculating it;
• the manner and date of the service by the entrepreneur and the complaint procedure applied by the trader;
• the right of liability of the trader for compliance with the contract;
• the content of after-sales services and guarantees;
• the duration of the contract or, where the contract is concluded for an indefinite period or is to be automatically renewed, the manner and conditions for termination of the contract;
• the functionality of goods with digital elements;
• relevant for the compatibility and interoperability of goods with digital components, digital content or digital services.

Of course, the precise scope of the trader's information work towards the consumer must be adapted to the reality of a circumstantial contract. If, for example, the goods supplied are not ‘digital’, the last 2 obligations from the above list simply do not apply. In addition, the information work does not apply to insignificant regular life contracts performed immediately after their conclusion (Article 9).

In addition, The trader must supply all information to the consumer in a clear and understandable manner. At the same time, an entrepreneur is not obliged to supply certain information if it is due to the circumstances concerning the conclusion of the contract.

Information for distance contracts

The information work of the entrepreneur is much more extended erstwhile concluding a contract with the consumer at a distance or outside the business premises. The catalogue set out in Article 12(1) of the Consumer Rights Act applies here. This provision provides that, at the latest, at the time erstwhile the consumer expresses his want to be bound by a distance or off-premise contract, the trader must inform the consumer in a clear and understandable manner of:

• the main characteristics of the benefit taking into account the subject substance of the benefit and the way in which the consumer communicates;
• the identity of the trader;
• the address of the undertaking, the email address and the telephone number at which the consumer can contact the trader rapidly and efficiently and, if different, the address of the complaint;
• the full price or remuneration for the benefit together with taxes;
• individual adjustment of the price on the basis of automated decision-making where specified an entrepreneur applies;
• the costs of utilizing the means of distance communication for the conclusion of the contract where they are higher than usual for the usage of that means of communication;
• the method and time of payment;
• the manner and date of the service by the entrepreneur and the complaint procedure applied by the trader;
• how and erstwhile the right of withdrawal is exercised;
• the costs of reimbursement of the goods in the event of withdrawal from the contract which the consumer bears;
• the work for the consumer to pay reasonable costs to the trader;
• the possible absence of a right of withdrawal;
• the right of liability of the trader for compliance with the contract;
• the existence and content of the guarantee;
• a Code of Good Practice;
• the duration of the contract or the manner and conditions of termination of the contract, if the contract is concluded for an indefinite period or if it is to be automatically renewed;
• the minimum duration of consumer obligations under the contract;
• any work to deposit or warrant by the consumer;
• the functionality of goods with digital elements;
• relevant to the compatibility and interoperability of goods with digital elements;
• the anticipation of utilizing out-of-court means of handling complaints and redress and the rules on access to these procedures.

In this case, the information work should besides be implemented in a manner that corresponds to the reality of a circumstantial contract concluded with the consumer.

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Legal basis:

Daniel Głogowski

Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he sought to address controversial themes and present first viewpoints that allowed for a deeper knowing of the issues discussed. Over the years, he gained a reputation as a reliable journalist. Contact: [email protected]