Purchase and sale agreement – obligations of both parties

The purchase and sale agreement is our most “everyday” agreement. We conclude it in every grocery store, in the cinema, in a taxi, but also when buying furniture or a mobile phone. We buy both goods and services. We should remember that it is the consumer who chooses the product and decides what features it should have. In the Polish law, the consumer is protected as long as he or she takes care of his or her own interests. Therefore, before concluding a purchase and sale contract, it is recommended to read the documents we sign, because it is the totality of the documents provided that constitutes the contract. Mandatory information that must be presented to the consumer consists of such information as the: price, name of the goods, specification of the manufacturer or importer. It is obligatory for the seller to provide us with: a receipt, a bill or an invoice, a written confirmation of the terms and conditions of the contract and the instruction manual, if the purchased goods require such a document. The documents received with the goods should be kept – they are necessary in the event that the purchased goods turn out to be damaged or they do not fulfill their intended purpose. A sales contract concluded outside the business premises – e.g. on the street, during home presentations or remotely – e.g. via the Internet, gives rise to additional rights for the consumer and obligations for sellers. The seller is obliged to inform the consumer about his or her right of withdrawal from the contract.

By using this form of purchase, the consumer has the right to withdraw from the contract without providing any reason within 10 days from the moment:

  • of concluding a contract – in the case of concluding a contract concluded outside the business premises
  • delivery of goods – in the case of a distance contract

In order to withdraw from the contract, the consumer is obliged to inform the entrepreneur about it in writing. As a result of such actions, the contract is considered void and the seller cannot deduct any amount for withdrawal. It is the consumer’s responsibility to return the goods – usually at the consumer’s expense.

In case of misunderstandings:

– Miejski Rzecznik Konsumentów https://bip.um.szczecin.pl/chapter_11046.asp

– Places of free legal aid https://www.szczecin.sa.gov.pl/darmowa-pomoc-prawna,new,m2,131.html,585