Update on my case with EURO AGD

A few days ago I wrotethat my return shipment to Euro AGD was damaged during transport. I sent Euro AGD documentation (photos) showing that I packed the headphones with appropriate protection. I requested a full refund, because it was EURO AGD that provided the InPost label.

This was EURO AGD’s answer:

… The store prepared a courier report upon receipt of the shipment and illustrated the damage.

Thus, the seller provided all the tools to be able to do so effectively You submit your claim to the courier company providing transport services to you.

This is a bit like Uber claiming its drivers are independent contractors. It appears that Euro AGD presents its website as a platform connecting me with InPost, and thus suggests that I have entered into a contract directly with InPost.

I found article on the Office of Competition and Consumer Protection website, which states:

If the shipment was damaged by the courier company to which the seller entrusted the delivery, the consumer files a complaint with the seller, who should pursue claims against the courier company.

In my case, EURO AGD offered InPost as one of several return methods. However, I cannot find clear information whether this rule also applies to return shipments or only to deliveries to the customer.

EURO AGD is a large company, so I assume they know the law better than me. If they claim that I should pursue claims directly from InPost, I assume that they may have a legal basis for this.

In the previous thread, several people suggested that I inform EURO AGD that if the return is refused, I will report the matter to the Office of Competition and Consumer Protection. However, I would like to be sure that I am actually entitled to a refund from EURO AGD before I write to them that I intend to inform the Office of Competition and Consumer Protection.

The Office of Competition and Consumer Protection points to the website “dlakonsumentow.pl”, where you can ask a question to a lawyer dealing with consumer law. I filled out the form, describing my situation and asking whether the shipping liability rules also apply to returns. According to the information on the website, I should receive a response within 3-5 business days (Polish is not my first language, otherwise I would probably call).

I could submit a complaint to InPost, but I am afraid that if I try to pursue a claim against InPost and InPost rejects it, EURO AGD will assume that I have accepted responsibility since I submitted the complaint to the carrier myself. On the other hand, I am also afraid that if I do not report the case to InPost in due time and it later turns out that I should pursue claims against InPost, I will be told that the deadline for reporting the damage has expired.