Scenario 19 — Consumer law: complaints, warranties, distance contracts (180’)

Objective: legal framework without jargon. Instructions: present the objectives and deliverables; ground rules: voluntariness, safety, no disclosure of sellers’ data; we work on examples.

Objective: activate the group’s experience. Instructions: the trainer reads 8 statements (e.g. “Returns in a brick‑and‑mortar store are mandatory” — MYTH; “As a rule, I can withdraw from a distance contract within 14 days” — TRUE; “A warranty is mandatory” — MYTH). Short discussion and reference to PK1.

Objective: clarify “when to use what”. Materials: PK1, PK3, PK4. Instructions (12‑minute mini‑input):

Lack of conformity with the contract (consumer sale after 01/01/2023): priority of repair/replacement, then price reduction/withdrawal — under consumer law.

Warranty — a voluntary commitment by the manufacturer; terms only in the warranty document; it operates alongside lack of conformity.

Withdrawal for distance/off‑premises purchases — generally 14 days to decide; exemptions (e.g. made‑to‑order goods, sealed hygiene items once opened, digital content started with consent and information about losing the right). Exercise (20’): match the correct path + request and deadline to 8 cases (e.g. shoes with a sole coming apart after a week; online license codes; a phone bought online — you simply don’t like it; unpacked headphones). Record on PK1/PK3/PK4.

Objective: write an effective letter. Materials: PK2 (checklist), PK5 (letter template), sample evidence. Instructions:

PK2 — checklist: parties’ details, facts (what/when/where), symptom of non‑conformity, specific request (repair/replacement/price reduction/withdrawal), deadline for completion, legal basis (generally: “consumer law”), attachments (evidence).

PK5 — letter (A2–B2): work in pairs on 2 cases (appliances, clothing). Each person writes max 12 sentences, simple language, no emotions, with a list of attachments.

Cross‑quality check: exchange letters and check against PK2. Criterion: the letter includes a complete request and a deadline.

Objective: step‑by‑step procedure. Materials: PK4 (form + exemptions), PK6 (template). Instructions:

How to count deadlines (generally 14 days from delivery / from signing for services), where to send it, who pays return costs (depending on the terms — if informed, usually the consumer), and refunds by the seller after receiving the goods or proof of return shipment.

Exemptions (discuss the 8 most common).

Exercise (15’): fill in PK6 for the case “shoes bought online — wrong size” and prepare a return label (fictional). Criterion: PK6 is completed in full.

Objective: what next if the seller refuses? Materials: PK7 (contacts and steps), PK8 (evidence). Instructions:

Escalation order: seller → Consumer Ombudsman (free support) → Trade Inspection/ADR (mediation at WIIH; generally 90 days to conclude) → court (last stage).

Payments: if paid by card — report to the bank (chargeback mechanism); if transfer/BLIK — a bank complaint may be possible, but it is not standard chargeback; keep correspondence and report unfair practices to UOKiK when they indicate a broader issue.

PK8 — evidence: order/payment confirmations, correspondence, photos/video of the defect, shipment numbers, terms/offer on the purchase date (screenshot). Exercise (12’): in groups of three, create an escalation map for the case “phone still not working after repair” (request replacement → refusal). Criterion: everyone fills in local contacts in PK7 and writes their escalation plan.

Objective: closure and implementation. Instructions: POST (the same 3 questions). On PK9, write 3 actions for the next 30 days (e.g. “I will organise purchase evidence”, “I will prepare a letter template”, “I will check the return form in 2 stores”).

Instructions: reminder—always read the terms and note deadlines; keep copies of correspondence and confirmations; know where to seek help.