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

Goal: legal framework without jargon.

Instructions: present the goals and outputs; rules: voluntary participation, safety, no disclosure of sellers’ data; we work with examples.

Goal: activate the group’s experience.

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

Goal: establish “when to use what”.

Materials: PK1, PK3, PK4.

Instructions (mini‑input 12’):

Non‑conformity of goods with the contract (consumer sales after 01.01.2023): priority of repair/replacement, then price reduction/withdrawal—under the Consumer Rights Act.

Warranty — a voluntary commitment by the producer/guarantor; terms only in the warranty document; it operates alongside non‑conformity.

Withdrawal for distance/off‑premises purchases — generally 14 days to decide; exclusions (e.g., made‑to‑order goods, sealed hygiene goods after opening, digital content started with consent and information about losing the right).

Exercise (20’): match 8 cases (e.g., shoes with sole coming off after a week; online license codes; phone bought online—don’t like it; unpacked headphones) to the correct path + request and deadline. Record in PK1/PK3/PK4.

Goal: 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 (in general: “Consumer Rights Act”), attachments (evidence).

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

Cross quality check: swap letters and check against PK2.

Criterion: the letter includes a clear request and a deadline.

Goal: step‑by‑step procedure.

Materials: PK4 (form + exclusions), PK6 (template).

Instructions:

When and how to count deadlines (generally 14 days from delivery / from conclusion for services), where to send it, who covers return shipping (depends on the terms—if informed, usually the consumer), refund by the seller after receiving the goods or proof of return.

Exclusions (discuss 8 most common).

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

Criterion: PK6 completed correctly.

Goal: what next if the seller refuses?

Materials: PK7 (contacts and steps), PK8 (evidence).

Instructions:

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

Payments: if paid by card—report to the bank (chargeback mechanism); if bank transfer/BLIK—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 as of the purchase date (screenshots).

Exercise (12’): in groups of three, create an escalation map for the case “phone still faulty after repair” (request replacement → refusal).

Criterion: everyone enters local contacts into PK7 and writes their escalation plan.

Goal: close and implement.

Instructions: POST (same 3 questions). In PK9, write 3 actions/30 days (e.g., “I’ll organise my purchase evidence”, “I’ll prepare a letter template”, “I’ll check return forms in 2 shops”).

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