The right of withdrawal, the planned online feature, and the preparation of the store for changes.
Status checked: November 2, 2026. We are not a law firm. This guide is for informational and educational purposes; it is not individual legal or tax advice. Regulations and projects may change. Before making business decisions, check the current text of the law and consult with the appropriate specialist.
Legal Status and Main Principles
The right of withdrawal from many distance contracts already exists. Usually, the period is 14 days, but its start depends on, among other things, the type of contract and the delivery of goods; there are statutory exceptions, e.g., in some cases of goods made according to the consumer's specifications. As a rule, the consumer does not need to provide a reason for withdrawal. The lack of required information about the right of withdrawal may extend the period.
Directive (EU) 2023/2673 introduced a requirement for a withdrawal function in the interface for contracts covered by it that are concluded online. It must be easily accessible, lead to a confirmation function, and provide the consumer with confirmation on a durable medium. It does not replace other available methods of withdrawal. Directive 2023/2673 on EUR-Lex.
The deadline for implementing the transposing regulations in member states expired on June 19, 2026, but according to information from PARP, the implementation process in Poland was not completed at the time of publication of this document. The directive and the lack of national implementation do not automatically mean that a private seller already has a specific obligation exactly as stated in the unpassed Polish draft. The effective date, interface details, and sanctions require re-evaluation after the law is announced. PARP: customer account and withdrawal function.
What to do: check current return policies and inform the platform provider that an easily accessible function may be needed, even for purchases without an account. Plan a confirmation that includes the content of the statement and the date and time of its submission. Check availability on mobile, readability of the form, data protection, and handling of orders involving multiple products. Do not limit the existing right of the customer to withdraw to one form of contact.
Withdrawal, Return of Goods, and Complaint
Withdrawal from a distance contract is a different right than a complaint related to the non-conformity of goods with the contract. Not every situation benefits from identical deadlines and conditions. The entrepreneur should distinguish between the statement of withdrawal, the physical return of goods, and the settlement of payments. Specific obligations depend on the type of contract, applicable exceptions, and information provided to the customer.
How the New Function May Work
The directive provides for a function that is easy to find and accessible in the interface, allowing the submission of relevant information and confirmation of withdrawal. The entrepreneur must provide confirmation of receipt on a durable medium, containing the content, date, and time of the submission. Detailed implementation in Poland should be assessed based on the national act once it is adopted.
Example for a Store with Guest Purchases
A customer purchases as a guest. If the law requires providing a withdrawal function, designing it solely as an option available after logging in may exclude that person. It is advisable to discuss with the platform provider the identification of the order, the security of the submission and confirmation, and then check the final requirements of the Polish law.
Before Launching the Form
- Check if the customer can find the function on a mobile device and using a keyboard.
- Design the confirmation and the way submissions will be handled in the company.
- Limit the data collected to what is necessary and establish access to submissions.
- Do not present complaints as the only way to withdraw or require mandatory justification if the law does not require it.
Sources
| Document | Scope |
|---|---|
| EU Directive 2023/2673 | Regulations, draft or official explanations. |
| PARP: withdrawal in e-commerce | Regulations, draft or official explanations. |
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