01The key distinction
As a rule, the sale contract is entered into between the Buyer and the Seller. Matchdays provides the Platform and may assist with communication and dispute handling, but it does not replace the Seller in carrying out the Seller’s statutory duties unless a particular transaction expressly states otherwise.
- B2C — a consumer buys from a Seller acting as a trader; consumer-protection law applies.
- C2C — a private individual buys from another private individual; statutory consumer rights, including the 14-day no-reason withdrawal right, generally do not apply.
- B2B — a purchase connected with both parties’ businesses; the parties’ agreement and laws applicable to traders apply.
02Buying from a private individual
In a C2C purchase, the Buyer has no automatic return right merely because they changed their mind. A return is possible if the Seller voluntarily accepts it, the Listing provides for it or the item has a defect for which the Seller is liable under applicable law.
To the extent permitted by law, a private Seller may limit or exclude statutory warranty liability, but an exclusion does not protect the Seller where a defect was fraudulently concealed. Matchdays’ internal dispute rules, where available for a transaction, do not alter the parties’ statutory rights and responsibilities.
03Buying from a trader
When a consumer buys from a trader, the Seller is responsible for required pre-contract information, conformity of the goods, complaint handling and the right to withdraw from a distance contract unless a statutory exception applies. A Listing or these Terms cannot limit rights granted to consumers by mandatory law.
A “private individual” label is not decisive if the Seller in fact acts professionally or in an organised manner as a trader.
0414-day B2C right of withdrawal
A consumer may generally withdraw from a distance contract within 14 days without giving a reason. For a sale of goods, the period normally begins when the consumer, or a third party designated by the consumer other than the carrier, takes possession of the goods.
A withdrawal statement may be sent to the Seller through the function available with the order or to the Seller’s stated contact details. A channel that provides proof of sending is recommended. The Seller should promptly acknowledge an electronically submitted withdrawal statement.
A standard online auction is not a “public auction” merely because it uses a bidding format. The exclusion of the right of withdrawal for public auctions does not cover a standard auction conducted exclusively online.
Statutory exceptions may apply, for example, to goods made to the consumer’s specifications, rapidly perishable goods or sealed goods that cannot be returned for hygiene reasons once opened. The Seller must identify the relevant exception before purchase; it cannot be applied automatically to all sports memorabilia.
05Goods not conforming to the contract
Goods sold to a consumer by a trader should match their description, type, quantity, quality and other agreed features and be fit for their ordinary purpose. This also applies to used and collectible items, taking account of defects expressly accepted before purchase.
If goods do not conform, a consumer may request repair or replacement and, in cases provided by law, a price reduction or termination of the contract. The unique nature of memorabilia may make replacement impossible, but this does not remove the remaining remedies.
The claim must be made to the Seller. For B2C sales in Poland, liability for non-conformity revealed within the statutory period generally lasts two years from delivery. Costs necessary to bring the goods into conformity, including reasonable shipping costs, are borne by the trader.
06Platform-assisted disputes
If an order includes a report-problem function, the Buyer should use it without undue delay, particularly where an item has not arrived, is damaged, materially differs from the description or there are reasonable grounds to suspect it is counterfeit.
A report should include:
- the order number and a short description of the requested outcome,
- photographs of the item, packaging, labels and the reported defect,
- tracking details and a carrier document where relevant,
- relevant correspondence conducted on the Platform.
Matchdays may ask both parties for further information, propose a resolution and send an instruction to the payment provider within the limits of the system actually implemented. Exact response, hold and payout deadlines must be shown with the order and must not promise protection that the Platform cannot provide technically or contractually.
07Returning an item
An item should not be sent back before the return address and instructions have been received. The parcel should be suitably protected and, for valuable items, sent using tracked and appropriately insured delivery.
- For a no-reason withdrawal, the consumer normally bears the direct return cost if they were correctly informed of this before purchase.
- For an accepted B2C non-conformity claim, the necessary return costs are borne by the Seller acting as a trader.
- In a C2C transaction, costs depend on the basis for the return and the parties’ agreement.
On withdrawal, the consumer is responsible for any reduction in value caused by handling the goods beyond what is necessary to establish their nature, characteristics and functioning.
08Refunds
In a B2C sale, following a valid withdrawal, the Seller refunds the payments received, including the cost of the least expensive standard delivery offered at purchase, within the statutory deadline. The Seller may withhold the refund until the goods or evidence of return are received, whichever occurs first.
A refund is made to the original payment method unless the parties agree otherwise without additional cost to the consumer. Posting time also depends on the bank and payment provider. The Operator should not guarantee a payment-provider deadline unless it is confirmed by the integration agreement.
09Model withdrawal form
Use of this form is optional. A consumer may use the following wording:
To: [Seller’s name and address]
I hereby give notice that I withdraw from my contract of sale for the following goods: [item], order number: [number], date of contract / receipt: [date].
Consumer’s full name: [details]
Consumer’s address: [address]
Date: [date]
10Complaints about the Matchdays service
A problem concerning an Account, operation of the Platform, a fee charged by the Operator or handling of a report may be submitted through Contact or to info@matchdays.store. The message should include a description, date, Account details and related order number. The Operator handles the complaint without undue delay, normally within 14 days.