Is it possible to return goods bought online?
In the age of the Internet, both private individuals and entrepreneurs use the opportunity to make purchases online. However, while the buyer, as an ordinary consumer, is most often protected by consumer regulations, the entrepreneur cannot count on such privileges anymore. Is it possible to return goods bought online? Find out!
Online shopping is considered to be a distance contract. Pursuant to Art. 7 of the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of March 2, 2000, if the consumer concluded a distance contract, he may withdraw from it within 10 days, without giving any reason. The seller can never deprive the consumer of this right, even if he includes an appropriate provision, e.g. in the shop regulations.
So, can an entrepreneur who purchases goods via the Internet also return them without giving any reason? The answer is negative - as indicated in the act, only the consumer has such a right, and pursuant to Art. 22 of the Civil Code, a consumer is a natural person who performs a legal transaction not directly related to his business or professional activity. Thus, the entrepreneur is not treated in such a transaction as the weaker party to the contract that needs to be protected, but as an equal economic entity running its own business.
Of course, when the entrepreneur purchases equipment that is not in accordance with the contract, damaged or breaks down as part of his business, he can use the warranty and guarantee.
It is also worth remembering that even the consumer will not always be able to return the goods purchased online within 10 days. As the regulations only refer to the purchase from an entrepreneur, the purchase of things from another private person will not be subject to such a privilege. The situation is similar when buying in the form of an auction - here, too, the consumer may not withdraw from the concluded contract without reason. To sum up, therefore, a return without giving a reason can only be made by a consumer who purchases the item from an entrepreneur using the "Buy Now" function.