Dear customers.
We ask you to read this article before ordering cash on delivery. Recently, there have been more and more situations where customers fail to collect cash on delivery shipments without providing a reason or information about a change in the delivery address.
For this reason, we would like to inform you that in such a situation, our company will proceed in accordance with the following article...
We kindly ask you to read the article before ordering cash on delivery.
Recently, situations have become more frequent when customers do not collect cash on delivery parcels without providing a reason or information about a change in the delivery address.
For this reason, we would like to inform you that in such a situation, our company will proceed in accordance with the following article:
Prevention. Therefore, every collection request should be in writing (e-mail is sufficient). If someone calls asking for a cash-on-delivery shipment, ask for their email address or for them to email you. This is important so you can have written confirmation later.
Secondly, after about a week, if the cash-on-delivery amount hasn't been credited to our account, go to the Polish Post tracking website and check the status. A quick note: don't blindly believe everything it says. Tracking data can be entered into the system with a delay. Then call the buyer to see if they've picked up the package. If so, all we can do is patiently wait for the transfer. If not, it's worth informing them that the postman likely didn't leave a notification and the package is already waiting at the post office.
Despite our best efforts, the package is back. Sad, but true. In such a case, the next step is an email to the customer (we do not call, because a conversation does not provide us with any evidence).
We write an email informing us that the order has been returned to us. Therefore, we, as an individual or our company, have incurred shipping costs in the amount of ……. (shipping value and its cost).
Therefore, please settle the amount due for the uncollected shipment by ……. (here we give 3-5 days, no more!), and failure to pay will result in unpleasant consequences, and we would like to avoid this.
I hope that such an email will be sufficient and that the customer will apologize in response.
If it is not sufficient, after 5 days we will send a second email with similar content, with additional information, we intend to take legal action.
You can provide a link to this post, in most cases, after reading the entire article, the buyer will see the consequences and settle the debt.
If he does not pay – unfortunately, we write a letter to the offender by registered mail with acknowledgment of receipt about such More or less content:
| City, date VenBOX Company Jan Pospolity ul. Poznańska 2 00-000 Poznań Final pre-court demand for payment Acting on my own behalf, I hereby demand that you pay the amount of x (in words: x zł, y gr) zlotys with statutory interest from the due date until the date of payment. I am entitled to the above payment for failure to collect the cash on delivery shipment as part of the order placed on the Website Name / Your Website on x. The payment method was specified in an email / selected via the website / by phone, etc. with the following content: Paste the email content here
Payment should be made within 7 days to my bank account number: Failure to pay the above-mentioned amount within the prescribed period will result in the case being referred to court and then enforcement proceedings, which will significantly increase the claimed amount (court and enforcement costs, costs of legal representation of an attorney). Place, date Signature |
If the buyer receives the demand, we, as the sender, will receive a confirmation of receipt of the shipment along with the date of receipt at home. If not, that's not a problem either, because the principle of presumption of delivery applies here, which means it is assumed that with a bit of good will, the buyer could have received the demand.
After such a letter, however, it is very likely that the customer will remember that his behavior was childish and irresponsible.
Quite simple, if he doesn't pay – the whole event can cost him a lot, because the client will also have to pay the costs of the hearing. More on this below.
"The rule is to file a lawsuit to the court in the district where the defendant lives. If the defendant is a legal person or an organizational unit without legal personality, the court having jurisdiction over its registered office is competent."
The above rule does not need to be followed when we want to file an application online. On each court's website, you'll find a redirect to e-sad.gov.pl.
Don't be fooled by the headline - this page is common for all cases from all over Poland.
I haven't personally filed an application yet, but according to information I've dug up on forums, it's very simple and intuitive. You create an account on the website, then download the certification key, and you're ready to send your lawsuit.
Of course, there are instructions on how and what to write. The cost of filing such a lawsuit is PLN 30 (payment by card or payment system).
Usually, the wait is about 2 months. Notification does not arrive by email; the judgment is available after logging in to the case file.
Unfortunately, this is not the end. The judgment is sent to the debtor by letter, and the debtor can collect the judgment, in which case the court receives a confirmation of receipt with a date.
However, it is more likely that the debtor will not collect it and the parcel with the judgment will return to the court after the statutory waiting period at the recipient's post office.
The principle of presumption of delivery also applies here, so failure to collect the letter does not protect the debtor from the execution of the judgment.
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