Complaints and returns

non-conformity of the goods with the contract

In the case of individual agreement on the characteristics of the Product, it is presumed that it is consistent with the Sales Agreement if it corresponds to the description given by the Seller or has the characteristics of the sample or model presented to the Customer, as well as if it is suitable for the purpose specified by the Customer at the conclusion of the Sales Agreement, unless the Seller has raised reservations as to such purpose of the Product.

In cases not covered by the above cases, the Product shall be presumed to be in compliance with the Sales Agreement if it is suitable for the purpose for which this type of Product is normally used, and if its properties correspond to the characteristics of a Product of this type. The same presumption shall be made when the Product corresponds to the expectations for a Product of this type based on publicly made assurances of the Seller, the manufacturer or its representative; in particular, the assurances, expressed in the Product’s labeling or advertising, relating to the characteristics of the Product, including the period of time for which the Product is to maintain them, shall be taken into account.

The assurance of a person who places a Product on the domestic market within the scope of his or her business and a person who claims to be a manufacturer by placing his or her name, trademark, or other distinctive sign on the Product shall be treated equally with the manufacturer’s assurance.

Non-compliance of the Product with the Sales Agreement shall also be considered irregularities in its installation and commissioning, if these activities were performed under the Sales Agreement by the Seller or by a person for whom he bears responsibility, or by the Customer according to the instructions received at the time of sale.

exemption of the seller from liability

The Seller shall not be liable for non-compliance of the Product with the Sales Agreement when the Customer knew or, judging reasonably, should have known of such non-compliance.

The seller is not bound by the assurance referred to in Article 4 if he has shown that he did not know or, judging reasonably, could not have known the assurance, or that it could not have influenced the buyer’s decision to conclude the contract, or that its contents were corrected before the conclusion of the contract.

physical defect

The Seller is liable under the warranty for physical defects that existed at the time when the danger passed to the Customer or resulted from a cause inherent in the sold Product at the same time

A physical defect consists in the incompatibility of the sold Product with the Sales Agreement. In particular, the sold Product is inconsistent with the Sales Agreement if:

1) does not have the properties that a Product of this type should have due to the purpose specified in the Sales Agreement or resulting from the circumstances or purpose;
2) does not have the properties of which the Seller assured the Customer, including by presenting a sample or specimen; 3) is not suitable for the purpose about which the Customer informed the Seller at the conclusion of the Sales Agreement, and the Seller did not object to such purpose;
4) was delivered to the Customer in an incomplete state.

If the Customer is a consumer, the public assurances of the manufacturer or its representative, the person who places the Product on the market in the scope of his business, and the person who, by placing his name, trademark or other distinctive sign on the sold Product, presents himself as the manufacturer, shall be treated equally with the Seller’s assurances.

The sold Product has a physical defect also in the event of improper installation and start-up, if these activities have been carried out by the Seller or a third party for whom the Seller is responsible, or by the Customer who followed the instructions received from the Seller.

flaw

The seller is liable to the Customer if the sold Product is the property of a third party or if it is encumbered with a right of a third party, as well as if the restriction on the use or disposal of the Product results from a decision or ruling of a competent authority; in the case of a sale of a right, the seller is also responsible for the existence of the right

exemption of the seller from liability

The Seller is exempt from liability under the warranty if the Customer knew about the defect at the time of the conclusion of the Sales Agreement.

When the subject of the Sales Agreement are Products marked only to the kind or Products to be created in the future, the Seller is exempt from liability under the warranty if the Customer knew about the defect at the time of the release of the item. This provision does not apply when the Customer is a consumer.

The Seller shall not be liable to the Customer who is a consumer for the fact that the sold Product does not have the characteristics resulting from the public assurances referred to above, if these assurances did not know or, judging reasonably, could not know or could not have influenced the Customer’s decision to conclude the Sales Agreement, or if their content has been corrected before the conclusion of the Sales Agreement.

1) Stage: repair / replacement

If the Product is inconsistent with the Sales Agreement, the Client may demand that the Product be brought into conformity with the Sales Agreement by repairing it free of charge or replacing it with a new one, unless repair or replacement are impossible or require excessive costs. When assessing the excessiveness of costs, the value of the Product in conformity with the Sales Agreement and the type and degree of the identified non-conformity shall be taken into account, as well as the inconvenience to which other means of satisfaction would expose the Customer.

2) Stage: price reduction / refund

If the Customer, for the reasons specified above, cannot demand repair or replacement, or if the Seller fails to satisfy such demand in a timely manner or if the repair or replacement would expose the Customer to significant inconvenience, the Customer has the right to demand an appropriate price reduction or withdraw from the Sales Agreement. The Customer may not withdraw from the Sales Agreement when the incompatibility of the Product with the Sales Agreement is insignificant. When determining the appropriate time for repair or replacement, the type of the Product and the purpose of its purchase shall be taken into account.

If the sold Product has a defect, the Customer may make a statement to reduce the price or withdraw from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective Product with a defect-free one or removes the defect. This restriction does not apply if the Product has already been replaced or repaired by the Seller, or the Seller has failed to comply with the obligation to replace the Product with a defect-free one or remove the defect. The reduced price should remain in such proportion to the price under the Sales Agreement, in which the value of the Product with a defect remains to the value of the Product without a defect. The Customer may not withdraw from the Sales Agreement if the defect is insignificant.

• If the Customer is a consumer, he/she may, instead of the removal of the defect proposed by the Seller in accordance with the provisions above, demand replacement of the Product with a defect-free one, or instead of replacing the Product, demand removal of the defect, unless bringing the Product into conformity with the Sales Agreement in the way chosen by the Customer is impossible or would require excessive costs in comparison with the way proposed by the Seller. When assessing the excessiveness of costs, the value of the Product free from defects, the type and significance of the identified defect shall be taken into account, as well as the inconvenience to which the Customer would be exposed by another way of satisfaction.

If, of the Products sold, only some are defective and are separable from the defect-free Products, without detriment to both parties, the Customer’s right to cancel the contract is limited to the defective Products.

2) Group: repair/replacement

If the sold Product has a defect, the Customer may demand replacement of the Product with a defect-free one or removal of the defect. The Seller is obliged to replace the defective Product with a defect-free one or remove the defect within a reasonable time without excessive inconvenience for the Customer. The Seller may refuse to satisfy the Client’s request if bringing the defective Product into conformity with the Sales Agreement in a manner selected by the Client is impossible or, compared to the other possible manner of bringing the Product into conformity with the Sales Agreement, would require excessive costs.

The Buyer forfeits his rights if he does not notify the Seller before the expiration of two months from the discovery of non-conformity of the Product with the Contract of Sale. To meet the deadline it is sufficient to send the notice before its expiration.

6 months presumption of non-conformity at the time of release of the Product

The Seller shall be liable to the Customer if the Product at the time of its release is inconsistent with the Sales Agreement; if the inconsistency is found before the expiration of six months from the release of the Product, it shall be presumed that it existed at the time of release.

2 years of Seller’s liability

The Seller shall be liable for the incompatibility of the Product with the Sales Agreement only if it is discovered before the expiration of two years from the release of this Product to the Customer; this period runs anew if the Product is replaced.

The Seller is liable under the warranty for physical defects that existed at the time when the danger passed to the Customer or resulted from a cause inherent in the sold Product at the same time. If the Customer is a consumer, and the physical defect was discovered before the expiration of one year from the date of delivery of the sold Product, the defect or its cause is presumed to have existed at the time when the danger passed to the Customer.

2 years of Seller’s liability

The Seller shall be liable under the warranty if a physical defect is discovered before the expiration of two years, and when it concerns defects in real estate – before the expiration of five years from the date of release of the Product to the Customer. For the exercise of rights under the warranty for legal defects of the sold Product, the provisions relating to physical defects shall apply, except that the time limit for the exercise of rights under the warranty shall begin from the date on which the Customer learned of the existence of the defect, and if the Customer learned of the existence of the defect only as a result of an action by a third party – from the date on which the judgment issued in the dispute with the third party became final.

– http://www.uokik.gov.pl/spory_konsumenckie.php;

– http://www.uokik.gov.pl/sprawy_indywidualne.php and

– http://www.uokik.gov.pl/wazne_adresy.php.

The customer who is a consumer has, among other things, the following options for out-of-court means of handling complaints and claims:

• The Client is entitled to apply to a permanent amicable consumer court, referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to resolve a dispute arising from the concluded Sales Agreement. The Rules of Organization and Operation of Permanent Arbitration Consumer Courts are set forth in the Ordinance of the Minister of Justice dated September 25, 2001 on defining the Rules of Organization and Operation of Permanent Arbitration Consumer Courts. (Journal of Laws 2001, no. 113, item 1214).
• The Client is entitled to apply to the provincial inspector of the Commercial Inspection, in accordance with Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws 2001 No. 4 item 25 as amended), with a request to initiate mediation proceedings for amicable settlement of a dispute between the Client and the Seller. Information on the rules and procedures of mediation procedure conducted by the provincial inspector of Trade Inspection is available at the offices and websites of the respective provincial inspectorates of Trade Inspection.
• The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using free assistance from a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl.