Consumer Contracts and Consumer Protection

Consumer protection consumer exemption buyer knew of

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Unformatted text preview: of the defect at the moment of exemption buyer moment of concluding a contract contract seller liable for physical defects arising from inherent seller for physical defects consumer rights: consumer - termination of contract → lost if the seller (only once): → replaces the defective product → repairs it - reduction of price - necessary: notification on defect (1 month after discovery) notification on defect (1 month CONSUMER CONTRACTS. CONSUMER PROTECTION. CONSUMER - warranty expiration – after releasing the good: warranty expiration → 1 year year → building: 3 years years → not if the defect concealed not if guarantee (separate instrument) guarantee - not obligatory not obligatory - guarantor to remove defect or to replace product to remove to replace - time limits specified - if not – civil code: 1 year not year - guarantee to run anew to anew CONSUMER CONTRACTS. CONSUMER PROTECTION. CONSUMER 6. Product liability. 6. Product since 2000 Civil Code: adoption of EU Directive 92/59 2000 Civil adoption EU Directive Article 449³ § 1. Who, within the scope of his business activity ( the producer), 1. Who within his activity the ), manufactures a dangerous product, shall be liable for the damage manufactures dangerous shall be liable for the caused by this product to anybody. by this to anybody § 2. The product means a movable thing, even when connected with 2. The movable even another thing. Also animals and energy shall be considered Also be considered products. § 3. Dangerous is the product not ensuring the safety which may be 3. Dangerous not ensuring be expected taking into consideration its normal use. Whether the expected Whether product is safe depends on circumstances existing when the product on circumstances is put into circulation, in particular on the way it is presented and on in on the on the information on its properties supplied to the consumer. The the on its to the The product may not be considered dangerous based only on the fact, not considered on the that a similar improved product is subsequently put into circulation. that similar CONSUMER CONTRACTS. CONSUMER PROTECTION. CONSUMER liable: liable - producer manufacturer of material manufacturer of raw material manufacturer of component of the product distributor (subsidiary) → can be exempted from liability if indicates to the be exempted to the injured person the name and address of the person the producer or the importer liability not depending upon fault liability not depending CONSUMER CONTRACTS. CONSUMER PROTECTION. CONSUMER exemptions: exemptions - producer does not put the product into circulation or not put the product is put into circulation out of the course of out of his business activity his activity - dangerous properties of the product appear after it is put into circulation - state of science and technology at the time when the science and product put into circulation precluded foreseeing its dangerous properties - properties resulted conform with the legal provisions CONSUMER CONTRACTS. CONSUMER PROTECTION. CONSUMER damages damages - damage to an individual – unrestricted to an - damage to the property to the only if exceeds the equivalent to 500 to EURO EURO → defects of the product, benefits of the benefits injured person excluded person excluded → CONSUMER CONTRACTS. CONSUMER PROTECTION. CONSUMER 7. Institutional protection. 7. Institutional consumer organizations consumer - Office of Competition and Consumer Protection Office of (UOKiK) - Consumer’s Federation - Association of Polish Consumers Trade Inspection Trade district consumer advocates (ombudsman) district...
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