Concluding contracts outside the company's premises - changes in the law
On December 25, 2014, a new Act on the protection of consumer rights is to enter into force, which will slightly modify the issues related to concluding contracts outside the premises where business activity is conducted (canvassing).
Contract concluded outside the business premises - currently
According to the current legal status, a consumer who has entered into an off-premises contract may withdraw from it within 10 days without giving any reason. The declaration of withdrawal from the contract should be made in writing. The consumer cannot pay any fees for withdrawing from this type of contract. The subject of the contract is returned unchanged within 14 days.
Importantly, when concluding a contract outside the company's premises, the seller is obliged to present a document confirming the conduct of business activity and an identity document. In addition, the buyer must be informed in writing about the right to withdraw from the contract and the model referred to above must be provided to him. The contract concluded between the supplier and the consumer should also be in writing and contain information on: the date, type and subject of the service, as well as its price.
Contract concluded outside the company's premises - changes
The new regulations of the Act on the protection of consumer rights introduce the concept of a contract concluded outside the company's premises. According to these regulations, it is a contract concluded with a consumer:
- during a trip organized by the entrepreneur with the purpose or effect of promoting and concluding contracts with consumers;
- as a result of accepting the offer submitted by the consumer in the circumstances referred to above;
- with the simultaneous physical presence of the parties in a place that is not the business premises of a given entrepreneur;
- at the business premises of a given entrepreneur or by means of distance communication immediately after personal contact with the consumer has been established in a place which is not the business premises of the entrepreneur, with the simultaneous physical presence of both parties.
The provisions contained in this Act, relating to contracts concluded outside the business premises, do not apply to contracts with a value of up to PLN 50.
The entrepreneur is obliged to provide the consumer with a contract document concluded outside the business premises or a confirmation of its conclusion, recorded on paper or, with the consumer's consent, on another durable medium. The termination period will be extended to 14 days. As before the changes in order to extend the above-mentioned period, it will be necessary to submit an appropriate declaration. The Act of May 30, 2014 on consumer rights was announced in the Journal of Laws on June 24, 2014, and its provisions will enter into force 6 months from that date.