These terms — complaint, statutory warranty, guarantee, and recently, non-conformity of goods with the contract—appear whenever purchased items break or fail to work as intended. Whether it’s electronics bought on Black Friday, a dream car, or real estate from a developer, it is worth knowing the differences between them.
Reklamacja (Complaint) – The Most Common Procedure
This is essentially the general path to getting equipment repaired or replaced. Most sellers direct customers to their own complaint procedures, often requiring a receipt or a specific form.
n law, there is no detailed definition of a “complaint.” It is accepted as any objection raised by the consumer regarding the goods. It can encompass:
- The seller’s internal procedures,
- Statutory Warranty (Rękojmia – Civil Code),
- Non-conformity with the contract (Consumer Rights Act),
- Commercial Guarantee (Gwarancja).
Important: The seller has 14 days to respond to any complaint. If they fail to do so, it is legally deemed that they have accepted the consumer’s objections.
Rękojmia (Statutory Warranty) – Civil Code (Real Estate & B2B)
According to the Civil Code, the seller is liable to the buyer if the sold item has defects. These rights are statutory and independent of the seller’s discretion.
When does Rękojmia apply?
Currently, these regulations are crucial for real estate purchases and professional transactions (B2B). If the item has physical or legal defects, you have the right to demand:
- Withdrawal from the contract,
- Price reduction,
- Replacement with a defect-free item,
- Defect removal (repair).
The choice of remedy is yours, but the seller may block your withdrawal from the contract if they immediately remove the defect or replace the item.
Key terms:
- 5 years – for real estate (vital for contracts with developers).
- 2 years – for movable goods (under the Civil Code regime).
- The presumption that the defect existed at the time of delivery lasts for 1 year.
Non-conformity of goods with the contract – New Consumer Law (since 2023)
Since 2023, the Consumer Rights Act has provided a separate liability regime for sellers towards consumers, replacing the traditional Rękojmia for the purchase of movable goods (e.g., shoes, appliances).
According to the Act, goods are in conformity with the contract if their description, type, quantity, quality, completeness, functionality, and fitness for a particular purpose match the agreement.
What do you gain as a consumer?
- Longer presumption: For 2 years from delivery, it is presumed that the non-conformity existed at the time of purchase.
- Hierarchy of claims: First, you have the right to repair or replacement. Only in specific circumstances can you withdraw from the contract or demand a price reduction.
- Digital content: These rules also apply to digital content.
Note: These regulations apply to movable goods (as well as water, gas, electricity) but not to the sale of real estate, where the general Civil Code rules still apply.
Gwarancja (Commercial Guarantee) – Voluntary Assurance
Through a guarantee statement, the guarantor (usually the manufacturer) confirms that the item possesses certain properties. If it does not, they pledge to repair, replace, or refund it.
Remember, a guarantee is voluntary. It depends on the seller/guarantor:
- Whether to grant it,
- What its scope will be,
- How long it lasts (if not specified, it is statutory 2 years).
A guarantee is “forward-looking” – it ensures that an item will retain its characteristics for a specified period of time.
Statutory Liability vs. Guarantee – Or Both?
Statutory liability (Rękojmia / Non-conformity) and Commercial Guarantee are independent. You can choose the path most favorable to you.
- Rękojmia / Non-conformity concerns defects existing at the moment of delivery.
- Guarantee assures that the item will retain its properties for a specific future period.
Search for a legal advise
Cases regarding warranties or non-conformity, especially with expensive purchases, can raise doubts. It is worth contacting us. An opinion from a third-party expert can also be helpful in identifying defects.
Legal status: 12th January 2026 r.
