Since January 1, 2021, in some cases entrepreneurs are treated as consumers. According to art. 5564 of the Civil Code, entrepreneurs (but only natural persons) enjoy consumer rights even if they conclude a contract directly related to their business activity, when it results from the content of this contract that it does not have a professional character for them, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
In such a case, the entrepreneur does not lose his warranty rights if he did not examine the item at the time and in the manner accepted for items of this type and did not immediately notify the seller of the defect, and in the event that the defect came to light only later – if he did not notify the seller immediately after its discovery.