Kancelaria Affre & Wspólnicy Sp. K. Kancelaria Affre & Wspólnicy Sp. K.

Consumer law

The consumer-customer is afforded special protection in trade. Therefore, the sale of goods or services in B2C requires compliance with several legal obligations. In addition, every advertising campaign, competition or lottery directed to consumers must contain certain information. Sometimes, what matters is the very size of the notice, its duration or position on the screen.

This is why we support undertakings at each stage of the B2C sales process – we draft the documentation (terms and conditions, agreements, etc.), evaluate advertising campaigns, and help avoid or resolve disputes with customers (warranty, statutory warranty, etc.).

We ensure comprehensive legal support with respect to both traditional and online sales.

E-commerce

In the case of online sales, one must provide consumers with a number of documents and information notices (e.g. e-shop terms and conditions, and contract withdrawal form). In addition to drawing up all necessary documentation, we will advise you on what information should be available on the online store’s website.

Complaints and guarantees

In many cases, handling a complaint does not come down to merely making a YES or NO decision, but requires in-depth legal analysis. Therefore, we assist sellers in:

Serving ‘difficult’ customers,
Preparing complaints-handling procedures,
Training staff in complaints handling.

Contests and lotteries

We will advise you on how to lawfully: organise a competition involving awards, obtain a lottery license and settle the accounts for a promotional lottery, draft competition/lottery documentation, or obtain proper participant consents.

Promotional campaigns and advertising

Promotional campaigns and advertisements are a must have in mass sales of consumer products. Prior to launching an advertising campaign it is worth verifying: if it contains all mandatory information, if it does not mislead customers, or if the appearance of the advertising materials does not breach the law.

Terms & conditions and model contracts

Products sales or the organisation of promotional campaigns directed to consumers often involve drafting the terms and conditions or other mandatory documents. We will prepare all the required documentation and advise you on how to avoid abusive clauses.

Selected projects:

We have represented clients from the furniture and FMCG sectors in proceedings before the President of the UOKiK for infringement of the collective interests of consumers.

We have represented a leading manufacturer in the FMCG industry in a dispute with a consumer association for damages on account of having allegedly misled consumers.

We have reviewed and provided corrections to advertising campaigns, terms and conditions, and other standard form agreements directed to consumers.