"No receipt, no complaint" is simply a slogan that can inactive be heard in many Polish stores. Salesmen frequently refuse to accept complaints without receipts, suggesting that without this paper they have no rights. That's it. illegal practicewhich may be notified to the Office for Competition and Consumer Protection. The consumer has 14 days to file a complaint and UOKiK has another 14 days To respond to the case.
Many people are inactive unaware of their consumer rights. To advertise the purchased goods, it is not essential to have a receipt. This is clear from the government in force, which is not always understood by the sellers themselves. Although the law clearly stands on the consumer's side, many sellers proceed to effort to limit client rights by demanding a receipt as a condition for accepting a complaint.
What is “a threatening receipt” and why sellers require it
The word ‘horror receipt’ refers to a situation where the client receives the goods defective or incompatible with the description but does not have a receipt as proof of purchase. Salesmen frequently usage the deficiency of a receipt as an excuse to refuse to accept a complaint, hoping that consumers do not know.
But the fact is different. – the seller must not make the acceptance of the complaint dependent on the provision of a fiscal receipt. It is simply proof of the conclusion of the agreement. The practice of receipt requirements as a sine qua non condition of complaint has already been challenged respective times by consumer protection authorities.
UOKiK – an institution to aid recover money
The Office for Competition and Consumer Protection (UOKiK) is the main institution in Poland liable for protecting consumer rights. The Office for Competition and Consumer Protection considers that specified statements are unlawful: ‘The refund of money is only possible by showing proof of acquisition in the form of a fiscal receipt or a ticket’ or ‘Advertisements are only taken into account with the first proof of purchase’.
The UOKiK not only makes decisions on breaches of consumer rights, but besides educates both entrepreneurs and customers about the rules in force. The Authority may impose financial penalties on traders violating consumer rights and force them to change irregular practices.
What rights do you have without receipt – alternate evidence
The consumer has the right to complain even without a receipt. Proof of purchase, next to the receipt, may be confirmation of payment by payment card, bank message or email with confirmation of transaction. The list of papers that can be utilized as proof of acquisition is much wider than just a fiscal receipt.
Alternative evidence of acquisition is:
- Bank account statements showing payment in a given store
- Card confirmations from POS terminal
- VAT invoices issued by the seller
- Confirming emails transaction or reservation
- Screenshots from a banking application or online shop
- Witnesses who were present during the purchase
- Description of goods and acquisition circumstances
According to the regulations, the acquisition evidence is not only receipts, but besides invoices, bank statements, card confirmations. The seller has no right to reject these alternate forms of acquisition documentation.
Time limit 14 days – erstwhile and how it works
The 14 day strategy in consumer protection is bi-directional and is crucial for effective enforcement of rights:
On the seller's side: The seller is obliged to respond to the complaint within 14 days. If the seller does not respond within this time limit, the complaint shall be automatically considered justified.
Consumer side: The seller should reimburse the consumer the amounts due by exercising the right to reduce the price immediately, no later than 14 days from the date of receipt of the consumer's declaration of price reduction.
On the UOKiK side: The consumer may study incorrect practices of the seller to the UOKiK, which is required to analyse the case. Although the UOKiK does not have a statutory deadline of 14 days for all cases, in the case of apparent breaches of consumer rights the office acts comparatively quickly.
A success example – Auchan case
One of the loudest cases of UOKiK's intervention on the receipt request was the decision on the Auchan network. The consumer's right to complain must not be restricted in any way. Nor can it be suggested that it will not be possible to submit it in the event of the failure of a receipt like UOKiK in the decision issued in the Auchan Polska case.
As a consequence of the intervention of the UOKiK, for 2 years after the omission of the contested practice Auchan will post on receipts the following information: ‘Paragon may facilitate the submission of a complaint but is not essential for its submission’. It is simply a precedent showing that the UOKiK effectively enforces consumer rights and forces traders to change irregular practices.
How to effectively file a complaint with the UOKiK
In order to file an effective complaint with the UOKiK on a vendor who refuses to accept a complaint without receipt, it is worth preparing appropriately:
Case documentation:
- Description of the situation – when, where and under what circumstances the refusal occurred
- Details of the seller – company name, address, NIP
- Alternative evidence – all papers confirming the purchase
- Correspondence – emails, messages, notes from conversations with the seller
- Witnesses – persons who were present erstwhile refusing to accept the complaint
Complaint:
- Online via the UOKiK website
- Written to the address of the office
- Telephone by consumer hotline
- Personally at the seat of the POC or delegations
Warranty vs warranty – what to choose without receipt
Complaints may be made on the basis of guarantees or guarantees. The difference between the 2 modes is crucial, especially erstwhile we don't have a receipt:
Guarantee:
- Automatic – does not require additional formalities
- 2 years for fresh goods
- 1 year for second-hand goods
- No receipt required – just prove the fact of the purchase
Guarantee:
- Voluntary – awarded by the maker or seller
- Different periods – according to the terms of the guarantee
- May require additional documentation
- Often milder conditions than warranty
When a seller refuses to accept a complaint without a receipt, it is worth referring to the provisions concerning the warranty, which do not require a circumstantial proof of purchase.
Practical tips – how to defend your rights
Stay calm. – an emotional approach can harm the case. Salesmen frequently number on the client to surrender.
Know Your Rights – the seller is liable for the deficiency of conformity with the contract for 2 years after its issue. It's a long time before you can claim your rights.
Document All – all conversation, refusal, proposal. This information will be valuable erstwhile submitting a complaint to the UOKiK.
Don't quit. – many vendors change their position erstwhile the client shows cognition of regulations and determination.
Complaint – even if the seller yet accepts the complaint, it is worth reporting an incorrect practice to the UOKiK so that it does not meet another consumers.
Online buying – peculiar rules
For online purchases, the rules are even more beneficial to consumers. In principle, the goods should be sent by us to the seller immediately, but no later than 14 days after the date of withdrawal.
The seller may not require him to return the goods in the first package with a receipt or invoice. This is crucial due to the fact that it is 1 of the most common clauses found in the rules of online shops.
Right of withdrawal:
- 14 days dic
- No receipt required or a peculiar justification
- Full return cost of goods (no transportation costs)
- The anticipation of "co-ordination" goods before deciding
What to do if UOKiK doesn't help
Although the UOKiK is the main consumer protection institution, its intervention in individual cases cannot always be counted upon. In specified cases it is worth considering:
Consumer Court – free proceedings for disputes up to PLN 5000 Consumer Ombudsman – additional support in complex cases Consumer organisations – federations and associations offering legal assistance Mediation – alternate form of dispute resolution General Court – final instance in serious disputes
Preventing problems – how to store safely
Digital receipts – taking pictures of receipts and storing them in the cloud Card Payments – automatic creation of a trace of transactions in the bank Online shopping – automatic generation of email confirmations Shop applications – buying past available on your telephone VAT invoice – request invoice alternatively of receipt for larger purchases
Remember: The receipt may facilitate the complaint, but its absence cannot be the reason for refusing to accept the complaint. It is simply a fundamental consumer law protected by Polish and European regulations.
More here:
The store wants a receipt for a complaint? It's illegal! study it to UOKiK within 14 days
