Returning goods bought online in Poland as foreigner

Question

I am a Czech national living just at the Polish border. I want to buy a laptop online at Polish online store called Morele.net. The store offers the goods to be sent to a Polish post office for pickup (Poczta Polska - Odbiór w Placówce). I am able to fill my Czech address on their site for invoicing and still get the "pickup at post" option. Am I eligible for the 14-day return period that is offered by the company (zwrot) just in case there is a problem with the goods?

The terms of the site are here:

• Zwrot zakupionego towaru w ciągu 14 dni (odstąpienie od umowy)
• Zwrot zakupionego towaru w ciągu 14 dni - English translation by Google
• Wzór odstąpienia od umowy
• Regulamin sklepu Morele.net

The main question is whether these conditions (and polish laws) apply for a non-polish national too when the business is done in Poland (pickup at post). I guess the 14-day return period is a part of polish law (Czech law has exactly the same thing too).

Does anyone have experience with such return? My guess would be since both Czech Republic and Poland are members of European Union, the terms should be the same for all EU citizens? In case of the return, I would simply send the laptop back to Morele from a Polish post office.

Answer 1

Disclaimer: I'm am not a lawyer

Polish Civil Procedure Rules (Kodeks Postępowania Cywilnego) establishes jurisdiction to be Poland defendant's residence is in Poland, or if the case is related to consumer contracts, either defendant or the plaintiff resides in Poland.

So in this case it's clear that this falls under Polish jurisdiction, therefore Polish law applies. Including the Consumer Rights Act (Ustawa o Prawach Konsumenta) you're referring to.