Buyer's Rights in Online Shopping in Poland and the USA: Returns, Complaints, and Customs on Packages

This part of the series concerns legitimate sellers: what you are entitled to when the goods do not arrive, are defective, or you want to return them, and how customs and additional fees for packages between Poland and the USA work. How to recognize a fake store is described in Part 1, and what to do after paying a fraudster is covered in Part 2.

The rules of shopping, buyer's rights, and reporting paths are completely different in Poland and the USA. Sections pertaining to only one country are clearly marked.

Buyer's Rights in Poland

Only Poland. The following rights apply to consumers purchasing from businesses.

Right of Withdrawal in 14 Days

Article 27(1) of the Consumer Rights Act: a buyer purchasing remotely may withdraw from the contract within 14 days "without giving a reason and without incurring costs." The deadline is counted from the moment of taking possession of the goods; it is sufficient to send a statement before the deadline expires.

This right has exceptions. Article 38 lists fourteen cases, including: goods made to individual order, perishable goods, goods in sealed packaging that cannot be returned for hygiene reasons once opened, opened recordings and computer programs, digital content without a medium, services fully performed with your explicit consent, as well as accommodation, transport, car rental, catering, and events with a specified date.

If the store did not inform about the right of withdrawal, Article 29 extends it: the right expires only after 12 months from the end of the basic period, and informing in the meantime triggers a new 14 days.

The seller refunds payments within 14 days of receiving the statement, along with the delivery costs (Article 32(1)), but may withhold until receiving the goods or proof of return (Article 32(3)). The buyer returns the goods within 14 days (Article 34(1)) and bears the direct costs of return unless the seller agreed to bear them or did not inform about them (Article 34(2)).

Seller's Information Obligations

Article 12 lists the data that the store must provide before concluding the contract: identifying data of the entrepreneur with the registration authority and number, address, email, and phone, total price including taxes and delivery, deadline for performance, complaint procedure, method and deadline for withdrawal with a sample form, and return costs. Additionally, Article 17: the order button must be marked with the words "order with payment obligation" or equivalent, and if the seller fails to do so – "the contract is not concluded".

When Goods Do Not Arrive at All

The Civil Code in Article 543¹ imposes on the seller the obligation to deliver the goods to the consumer no later than thirty days from the conclusion of the contract; in case of delay, the buyer may set an additional deadline, and after its ineffective expiry, withdraw. Article 548 § 3 adds that the risk of loss of the goods in transport is borne by the seller – a regulatory provision stating "we are not responsible for packages lost by the courier" does not apply.

Complaint: Not "Warranty", But Non-Compliance with the Contract

Since the reform in 2023, the provisions of the Civil Code on warranty no longer apply to consumer sales – they are expressly excluded by Article 43a(1) of the Consumer Rights Act. Warranty remains applicable to sales between businesses and between private individuals. The applicable regime is Chapter 5a of the Act:

• Two years of liability and two years of presumption. The entrepreneur is liable for non-compliance existing at the time of delivery and revealed within two years, and non-compliance revealed during this period is presumed to have existed at the time of delivery (Article 43c(1)). You do not have to prove that the defect was present in the goods from the beginning.
• Order of Rights. First, repair or replacement at the entrepreneur's expense (Article 43d), then a price reduction or withdrawal (Article 43e(1)) – if the seller refused, did not bring the goods into compliance, the defect recurred, or is significant enough to justify skipping the first stage.
• Presumption of Significance. You cannot withdraw for non-compliance that is insignificant, but the law presumes that non-compliance is significant (Article 43e(4)).

What to do with a transfer to a fake store and with a complaint to the bank is described in Part 2 of this series.

Buyer's Rights in the USA

Only USA. The American system is built quite differently than the European one.

No Universal Right to Return

This is the first thing that surprises people coming from Poland. There is no federal law allowing you to return an online purchase simply because you changed your mind – returns are governed solely by the store's policy.

The federal "cooling off" rule applies to sales at home, at work, or at a temporary location of the seller – the FTC lists among the exclusions transactions concluded entirely online, by mail, or by phone, and stated back in 1995 that the rule "was not meant to be a federal satisfaction guarantee program or a buyer's remorse insurance." Conclusion: read the return policy before purchasing.

Merchandise Rule: Right to Timely Shipping

A real federal right when purchasing online pertains not to returns, but to shipping timelines: Mail, Internet, or Telephone Order Merchandise Rule (16 CFR Part 435), commonly known as the "30-day Rule."

• The seller must ship the goods within the clearly stated time in the offer, and if no time is stated – within 30 days of receiving a properly placed order. The clock starts when the seller has both payment and complete data for execution.
• If they fail to do so, they must without prompting offer a choice: agree to the delay or cancel the order and receive a quick refund. If a new deadline is shorter than 30 days, the buyer's silence counts as consent; if longer or if no new date is provided, the order is automatically canceled.
• Refund: within 7 business days for cash, check, or third-party credit payments. It must be monetary – it cannot be replaced with a voucher or credit for future purchases.

The rule does not cover services, cash on delivery (C.O.D.) shipments, or subscriptions after the first delivery.

Rights against credit and debit card issuers (Fair Credit Billing Act and Regulation E) are described in Part 2 of this series.

Polonia: Polish Stores Shipping to the USA, Customs, and "Package on Customs"

What Has Changed on Both Sides of the Atlantic

Until recently, small shipments did not incur fees. This has ended almost simultaneously in both directions. This is why scammers are now exploiting this topic.

Only USA: the de minimis exemption up to $800 has been suspended from August 29, 2025, for shipments from all countries, including postal ones. In June 2026, CBP issued regulations suspending it indefinitely (for mail from July 24, 2026), and statutory repeal is set for July 1, 2027. CBP states unequivocally: goods valued up to $800 are now subject to all applicable duties, taxes, and fees. However, gifts up to $100 sent by an individual from abroad to an individual in the USA and personal items up to $200 brought by travelers are still exempt. Additionally, USPS charges $9.35 for customs clearance and delivery for each shipment subject to customs (Notice 123 pricing effective from October 4, 2026) – upon delivery, not via a link in an SMS.

Only Poland and the EU: VAT on goods from outside the Union is due from the first euro – the exemption for shipments up to 22 euros was abolished on July 1, 2021. From July 1, 2026, the customs exemption for shipments up to 150 euros has also been abolished; instead, until July 1, 2028, a customs fee of 3 euros per item applies (including in sales settled in the IOSS system and in postal shipments), so a shipment with several items may generate several such fees. The exemption for gifts up to 45 euros sent occasionally by an individual from outside the Union to an individual in the Union for personal use and without fees has been maintained.

We do not provide any percentage customs rate for shipments from Poland to the USA – it depends on several overlapping instruments that changed several times in 2026. The current amount will be provided by the carrier upon delivery.

This is important for recognizing fraud: requesting an additional payment for a package is no longer suspicious in itself. In 2024, one could say "no one pays extra for small packages, so this is fraud" – in 2026, real additional payments became commonplace, which is why fake ones work better.

How to Distinguish a Real Additional Payment from Fraud

The dividing line is clear: you never pay via a link in a message. Real customs dues are collected by the carrier upon delivery or through their own website, which you access independently. USPIS advises: if you did not order tracking directly from USPS, and the message contains a link – do not click; it adds that USPS does not notify about delivery attempts or request personal data via email. CERT Polska describes the Polish version ("underpayment", "overweight", "disinfection") and explains that a few zlotys is a pretext to obtain login data.

Check the tracking number yourself on the carrier's website and pay attention to the domain: in an example published by the police, the address looked like inpost.pl-admin.cyou, where "inpost.pl" is only the beginning of the name.

Shopping in Polish Stores Shipping to the USA

• Check if the store actually ships to the USA before you pay. Many Polish stores declare international shipping, but do not service the USA at checkout.
• Calculate the total cost: price, shipping, customs, tax, and postal fee – for inexpensive purchases, fees may exceed the value of the goods. Ask whether the store settles customs in advance (DDP) or if you will pay upon receipt (DAP).
• Returning from the USA to Poland is costly. The right of withdrawal in 14 days applies when purchasing from a Polish entrepreneur, but you will bear the costs of sending the package across the ocean.
• Pay by card. For cross-border purchases, this is the only method that provides a real way back.

Where to Seek Help with Cross-Border Disputes

Only Poland: in a dispute with a fair but uncooperative seller from the EU, Iceland, or Norway, the European Consumer Centre (konsument.gov.pl) helps for free, currently with a waiting time of about 50 days. Important limitation: ECC itself indicates that it is not competent regarding entrepreneurs outside the network (including the USA, China, and Russia) or when the entrepreneur cannot be identified, i.e., in cases of fraud. In the case of a classic fake store, ECC will not help.

Only USA: living in the States, you do not have access to either ECC or Polish consumer advocates. Your path is through the bank and chargeback, and reports described in Part 2; for sellers outside the USA, the federal government additionally points to econsumer.gov.

Beware of dead addresses: the EU ODR platform (ec.europa.eu/consumers/odr) was closed on July 20, 2025.

Myths and Facts

Myth: I have 14 days to return any purchase. Fact: Only Poland: yes, for remote purchases from a business – but Article 38 of the Consumer Rights Act contains fourteen exceptions. Only USA: there is no such universal right at all; the store's policy decides.

Myth: warranty is the basis for complaints about goods purchased in an online store. Fact: Only Poland: since the 2023 reform, the provisions of the Civil Code on warranty do not apply to consumer sales. The basis is non-compliance with the contract from Chapter 5a of the Consumer Rights Act, with a two-year presumption in favor of the buyer. Warranty remains for B2B transactions and between private individuals.

Myth: a request for an additional payment for a package is always fraud. Fact: in 2026, real customs additional payments became common on both sides of the Atlantic. The suspicious factor is not the mere fact of payment, but the payment link sent in a message.

Frequently Asked Questions

Do I have 14 days to return goods purchased online?

Only Poland: yes, for a contract concluded remotely with a business – Article 27(1) of the Consumer Rights Act. But Article 38 contains fourteen exceptions, including custom-made goods, perishable goods, opened recordings and programs, and sealed products that cannot be returned for hygiene reasons once opened. Only USA: there is no such universal right – the specific store's policy, which must be read before purchasing, decides.

I ordered goods from an American store and have not received them for two months. Do I have any rights?

Only USA: yes. The FTC's rule on mail, internet, and telephone sales (16 CFR Part 435) requires shipping within the time stated in the offer, and if no time was stated – within 30 days of receiving a valid order. In case of delay, the seller must proactively offer you a choice: agree to a new date or cancel the order and receive a refund. The refund must occur within 7 business days and must be monetary – not a store credit or voucher.

I received an SMS about an additional payment for a package. Is this always fraud?

Not always, and this is a change from recent months. Real customs dues became common in 2026 on both sides of the Atlantic, as the USA suspended the de minimis exemption, and the EU abolished the customs exemption for shipments up to 150 euros. Therefore, what matters is not the mere fact of requesting a payment, but the method of payment: you never pay via a link in a message. Real fees are collected by the carrier upon delivery or through their own website, which you access independently.

Will the European Consumer Centre help me recover money from a fake store?

Probably not. The ECC itself indicates that it is not competent when there is no possibility of identifying the entrepreneur, i.e., in cases of fraud, nor when the matter concerns a seller outside the EU, Iceland, and Norway – explicitly mentioning the USA and China. The ECC is, however, very helpful in disputes with existing but uncooperative sellers from another EU country. Assistance is free, and the current waiting time is about 50 days.

Sources

Status as of October 23, 2026. This guide is for informational purposes only and does not constitute legal or financial advice. Customs regulations, deadlines, and platform rules change frequently, so check the current page of the relevant institution before taking action. For individual matters, contact your bank, a consumer advocate (Poland), your state's consumer protection office (USA), or a lawyer.