Out-of-Court Settlement of Consumer Sales Claims

Abstract

The subject of the article is to describe and analyse the functioning of out-of-court consumer redress systems, which deal with the settlement of civil disputes between consumers and entrepreneurs related to the purchase of defective items. The practice of legal transactions involving consumers shows that regulations alone are not enough to ensure that their rights are protected. The essence of the problem boils down to a lack of determination on the part of consumers to pursue their claims. The deficiencies of the Polish justice system, such as high costs of proceedings, protraction of proceedings, uncertainty as to the court's decision on the case, and the inability to enforce court judgments, effectively dissuade consumers from fighting for their rights. The remedy for this may be the proceedings for out-of-court settlement of consumer disputes and the activity of permanent conciliation courts. The aforementioned conciliation systems are run by the Trade Inspection as a body dealing with the protection of consumer rights. As practice shows, these systems are not sufficiently used. There is a need for information and education among consumers and entrepreneurs at the central and local levels to promote amicable settlement of consumer disputes.