A customer buys a package of classes, consultations, or a course through your website, pays online, and wants to start using it immediately — before the statutory withdrawal period expires. A week later, the customer submits a withdrawal declaration and demands a full refund. Your company doesn't know how to settle the account: must you refund everything, or only the portion for unused sessions, and how do you document what was actually performed? This issue affects every service business selling online — from language schools to subscription box services.
This article explains how the right to withdraw from a distance contract works, when you can start providing a service before the 14-day period expires, how to settle the portion of the service performed before withdrawal, and what records you must maintain to have a basis for the refund.
General rule: 14 days to withdraw without stating a reason
Under Article 27(1) of the Consumer Rights Act (consolidated text Dz.U. 2024 item 1796), a consumer who has concluded a distance or off-premises contract may withdraw from it within 14 days without stating a reason and without bearing costs — except as provided by the Act. The period runs from the day the contract is concluded, and if the consumer was not informed about the right of withdrawal — the period extends to 12 months.
This rule covers most online services: courses, consultations, training packages, digital subscriptions. Exceptions apply to accommodation services, catering, recreation, and events — if the contract specifies a day or period of performance, the right of withdrawal does not apply (Article 38(1)(12)) — more about exceptions in official UOKiK guidance.
More on automation in your company: Process automation in a company — what can realistically be handed over to a system and what cannot.
Starting the service before the 14-day period at the consumer's explicit request
UOKiK's consumer guidance states that a service can be started earlier — at the consumer's explicit request submitted on a durable medium. A durable medium is a medium that allows storing information in a way that makes it accessible for a period appropriate to the purposes for which the information is stored and that allows reproduction of the information in unchanged form — most commonly email or a website form with confirmation.
When the consumer explicitly requests that the service start before the withdrawal period expires, by submitting a declaration on a durable medium, you must inform them of the consequences of this decision before performance begins. In practice, this means sending a confirmation message that the consumer consented to earlier performance and that in case of withdrawal they will have to pay for services performed up to the moment of withdrawal.
What "durable medium" means in practice
Under the Act, a durable medium is primarily email — sent from either a computer or mobile device. It can also be a website form, a message in a messenger (if stored durably), or even an SMS. The key is that you have proof that the consumer actually submitted such a request and was informed of the consequences.
Checking a box in the order form saying "I want to start immediately" without additional confirmation is not sufficient. The Competition and Consumer Protection Court has repeatedly emphasized that consent must be conscious and explicit. Therefore, it is safest to send a separate email asking the customer to confirm their desire to start the service before the deadline.
Learn more about query handling automation — one queue instead of five inboxes.
Settling partial service performance upon withdrawal
When the consumer withdraws after consenting to earlier service start, you must return all payments made — but you may deduct the amount corresponding to services performed up to the moment of withdrawal. You do this under Article 32(1) of the Consumer Rights Act, which states that the entrepreneur returns payments promptly, no later than within 14 days from the day of receiving the consumer's withdrawal declaration — details in the official act.
In practice, this means you must maintain documentation proving what portion of the service was actually performed. This can be a session register with dates and attendance confirmations, consultation records, digital content access logs, emails confirming service performance. Without such documentation, you have no basis for reducing the refund.
Example on hypothetical numbers — insert your own
Suppose a customer purchased a package of 10 sessions for X PLN (Y PLN per session). They used Z sessions, and after N days submitted a withdrawal declaration. Settlement works like this: Z × Y = amount for services performed. You refund: X − (Z × Y) = amount to refund. Refund deadline: 14 days from receiving the declaration.
Formula: amount_to_refund = total_price - (number_of_used_units × unit_price)
When the right of withdrawal expires
The right of withdrawal expires only after full performance of the service with the consumer's consent, who simultaneously agreed to lose this right. In practice this means that if the customer used all sessions or downloaded all materials and confirmed they knew they were losing the right to withdraw — they can no longer withdraw from the contract. However, if the consumer withdraws during the service (e.g., after 5 out of 10 sessions), they pay only for the actually performed portion — according to Article 35 of the Consumer Rights Act.
This is an important distinction: consent to earlier start ≠ consent to full performance. The consumer may want to start using the service immediately but still reserve the right to withdraw. In such a case, you must clearly show what exactly they are agreeing to — preferably in a separate declaration with a checkbox: "I consent to performance starting before the 14-day period expires and I am aware that in case of withdrawal I will be obligated to pay for the portion of the service performed up to the day of withdrawal."
What this means for your order form
If you sell services online, your order form should include a mechanism allowing the customer to explicitly request service start before the 14-day period expires. This cannot be a pre-checked box — it must be an active, conscious decision by the customer.
Recommended structure: a separate checkbox with a clear message: "I want the service to commence before 14 days from contract conclusion. I am aware that in case of withdrawal from the contract I will be obligated to pay for the portion of the service performed up to the day of withdrawal." After placing the order, the system automatically sends a confirmation to the customer's email summarizing this consent.
Consequences of missing documentation
Failing to maintain a service performance register means that in case of withdrawal you must refund the full amount — even if you actually performed part of the service. Entrepreneurs who don't archive dates, scope, and confirmations lose money they could legally retain. An automated system solves this problem by recording each performance in real time.
Learn more about invoicing automation and KSeF — what your system must be able to do.
Where the right of withdrawal does not apply
Under Article 38(1)(12) of the Consumer Rights Act, the right of withdrawal does not apply to contracts for accommodation services other than for residential purposes, as well as catering, recreation, and event services — if the contract specifies a day or period of performance. This means that if you sell guesthouse stays, concert reservations, or restaurant dinners with a specified date — consumers cannot withdraw from such contracts.
Keep this in mind when planning your offer: if you run an agrotourism farm, organize workshops with a specified date, or sell event tickets — these services have a different legal regime than typical online service packages.
Learn more about automation and GDPR — where your customer data physically ends up.
Do it yourself: documents you must maintain
To correctly settle accounts with a customer in case of withdrawal, you need three key documents:
Consent form for earlier service start — a separate checkbox in the ordering process that clearly informs about consequences. Content should include: explicit request to start before 14 days, information about the obligation to pay for the portion performed, confirmation of awareness of these consequences.
Confirmation sent via email — an automatic reply summarizing the customer's consent. This is your durable medium, serving as proof in case of dispute.
Service performance register — continuously updated record: date, scope of service performed, possibly attendance or performance confirmation (e.g., system logs, protocols, email confirmations). Without this, you have no basis for reducing the refund.
Refund deadline calendar
Withdrawal triggers a 14-day deadline from the day of receiving the consumer's declaration. Maintain a calendar marking the date you received the declaration and the date you made the refund. In case of a UOKiK inspection or court dispute, you will need to prove you met the statutory deadline.
Learn more about quote automation — why quoting takes three days, and could take one hour.
How it looks when order management is handled by a system
A business management system automates the entire process: from order intake via lead form, through sending confirmation of consent for earlier start, to maintaining a register of performed services and calculating the refund amount in case of withdrawal. You don't need to manually track deadlines — the system will remind you about the need to refund within 14 days of receiving the declaration.
See how it works in practice: Lead forms let you collect customer consent for earlier service start as part of the ordering process. CRM and automations store client data and collaboration history. Booking systems let customers choose a time slot themselves.
If you sell services online and want to organize your documentation — check how email integrations and Tasks help maintain process order.
Frequently asked questions
Do I need to inform the customer about the right of withdrawal with every order?
Yes. Under the Consumer Rights Act, you must inform the consumer about the right to withdraw from the contract, the method and deadline for exercising this right, and the withdrawal form template. This information must be clear, understandable, and provided in a way that allows durable storage.
Can I refuse a refund if the customer didn't use the service?
No. The right of withdrawal applies without stating a reason — even if the customer actually didn't use the service. You must refund the full amount within 14 days of receiving the declaration, unless the consumer explicitly consented to full performance before the deadline — in which case the right of withdrawal expires.
What if the customer consented to earlier start but not to full performance?
In such a case, the consumer retains the right to withdraw, but pays only for the actually performed portion of the service. You must have documentation confirming the scope of performed service — otherwise you have no basis for reducing the refund.
Is email really a "durable medium"?
Yes, email meets the definition of a durable medium under the Consumer Rights Act, because it allows storing information in a way that makes it accessible for a period appropriate to the purposes for which the information is stored and enables reproduction of the information in unchanged form. Important: you must have access to this email and be able to present it as proof in case of dispute.
How long do I have to refund money after withdrawal?
You have 14 days from the day of receiving the withdrawal declaration. The refund must be made the same way the customer made the payment, unless they agree to a different method. If you don't refund within the deadline, you may be liable for damages caused to the consumer.
Can I deduct delivery costs from the refund?
No, if the consumer withdrew within the 14-day period. Under Article 32(2), the entrepreneur may wait to refund until receiving the goods back or proof of their return — but in the case of services, this refers to proof of service performance, not returning goods. Delivery costs are borne by the entrepreneur.
If you sell services online and want to organize your processes — see how Lead forms, CRM and automations and Booking systems help manage orders and documentation.
