PRODUCT COMPLAINT
THE BASIS FOR COMPLAINTS: due to the SELLER warranty, it applies to Sale Agreements concluded from December 25, 2014.
LEGAL BASIS: the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and other generally applicable laws.
BASIC PREMISES OF THE SELLER'S RESPONSIBILITY: The Seller is liable to the Customer if the Product sold has a physical or legal defect (warranty).
Physical defect - the Seller is liable under the warranty for physical defects that existed at the time of transferring the danger to the Customer or resulted from the reason inherent in the sold Product at the same time.
A physical defect is the incompatibility of the sold Product with the Sales Agreement. In particular, the sold Product is inconsistent with the Sales Agreement if: 1) it does not have properties that the Product of this type should have due to the purpose in the Sales Agreement marked or resulting from circumstances or destination; 2) does not have properties the existence of which the Seller has provided to the Customer, including presenting a sample or pattern; 3) is not suitable for the purpose of which the Customer informed the Seller at the conclusion of the Sales Agreement, and the Seller did not raise any objections to such a destination; 4) has been delivered to the Customer incomplete.
If the Customer is a consumer, the Seller's public assurances of the producer or his representative, the person who introduces the Product to the market in the scope of his business and the person who by placing the name, trademark or other distinctive sign on the sold product is treated as the Seller's assurance he presents himself as a producer.
The Product sold has a physical defect also in the event of improper installation and commissioning, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by the Customer who followed the instructions received from the Seller.
legal defect - the Seller is liable to the Customer if the product sold is owned by a third party or if it is encumbered with the right of a third party, and if the restriction in the use or disposal of the Product results from a decision or decision of the competent authority; if the law is sold, the seller is also responsible for the existence of the law
Release of the Seller from liability: The Seller is released from liability under the warranty if the Customer knew about the defect at the time of the Sale Agreement.
When the subject of the Sales Agreement are Products marked only for the species or Products to be created in the future, the Seller is released from liability under the warranty, if the customer knew about the defect at the time of delivery of the item. This provision does not apply when the customer is a consumer.
The Seller is not liable to the Customer who is a consumer for the sold Product does not have properties resulting from the public assurances referred to above, if he did not know these assurances or, judiciously assessing, he could not know or could not affect the Customer's decision about concluding the Sale Agreement, or when their content has been corrected prior to the conclusion of the Sale Agreement.
BASIC CONSUMER'S RIGHTS: these rights are in principle of an equivalent nature, which means that the customer has the opportunity to immediately use both the first and the second group of rights: 1) Group: price reduction / refund
If the sold Product has a defect, the Customer may submit a statement about a price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Customer will replace the defective Product with a product free from defects or defect removed. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to replace the Product with a product free from defects or to remove the defect. The reduced price should remain in such proportion to the price resulting from the Sales Agreement, in which the value of the Product with the defect remains to the value of the Product without a defect. The Customer can not withdraw from the Sales Agreement if the defect is irrelevant. If the customer is a consumer, may instead replace the Product to replace the defect or replace the Product, request removal of the defect, unless bringing the Product to compliance with the Sales Agreement in a manner chosen by the customer is impossible or would require excessive costs in comparison with the method proposed by the Seller. When assessing the excess of costs, the value of the product free from defects, the type and significance of the defect is taken into account, and the inconvenience to which the customer would otherwise be satisfied is taken into account.
If only some of the Products sold are defective and can be disconnected from Products free from defects, without prejudice to both parties, the Customer's right to withdraw from the contract is limited to Defective Products. 2) Group: repair / replacement
If the Product sold has a defect, the Customer may request replacement of the Product free of defects or removal of the defect. The seller is obliged to replace the defective product with one free of defects or to remove the defect within a reasonable time without excessive inconvenience to the customer. The Seller may refuse to remedy the Client's request if it is impossible to bring the Defective Product into conformity with the Sales Agreement in the manner chosen by the Customer or if it would require excessive costs compared to the second possible way to bring it into conformity with the Sales Agreement.
IMPORTANT TERMS OF COMPLAINTS:
one year of presumption of defect at the time of product release - the seller is liable under the warranty for physical defects that existed at the time of transfer of danger to the customer or resulted from the reason inherent in the sold product at the same time. If the Customer is a consumer and a physical defect has been found within one year from the date of the product being sold, it is presumed that the defect or its cause existed at the time of transferring the danger to the Customer.
2 years of liability of the Seller - the Seller is responsible for the warranty, if a physical defect is found before the expiry of two years, and when it comes to property defects - before the expiration of five years from the date of release of the Product to the Customer. To exercise the rights under the warranty for legal defects of the sold Product, the provisions concerning physical defects apply, except that the period for exercising the warranty rights begins from the day on which the customer learned about the defect and if the customer learned about the existence of a defect defects only as a result of an action of a third party - from the day on which the decision issued in a dispute with a third party became final.
PLACE AND METHOD OF SUBMITTING COMPLAINTS: A complaint may be submitted by the Customer, for example:
- in writing to the following address: ul.Dolomitowa 42, 43-155 Bieruń;
- in electronic form via e-mail to the following address: [email protected]
COMPLAINT DESCRIPTION: It is recommended that the Customer provides the following information in the description of the complaint - it will facilitate and accelerate the complaint handling by the Seller:
(1) information and circumstances regarding the subject of the complaint, in particular the type and date of non-compliance / defect;
(2) a request for a way to bring the Product into conformity with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and
(3) contact details of the complaining party.
The requirements specified above are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
DELIVERY OF A COMPLETED PRODUCT: A Customer who exercises warranty rights is obliged to deliver the defective Product at the expense of the Seller to the following address: ul. Dolomitowa 42, 43-155 Bieruń. If due to the type of the Product or the method of its installation, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to provide the Product to the Seller in the place where the Product is located.
REPLY OF THE SELLER: The Seller will address the Customer's complaint promptly, no later than within 14 calendar days from the date of its submission. Lack of the Seller's attitude in the above-mentioned period means that the Seller has considered the complaint justified.
OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND RULES OF ACCESSING THESE PROCEDURES: Detailed information on the possibility of the client using the out-of-court complaint and redress methods and rules of access to these procedures are available at the offices and on the websites of poviat (municipal) spokespersons consumers, social organizations, whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and the following Internet addresses of the Office of Competition and Consumer Protection: 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 others the following possibilities of using extrajudicial means of dealing with complaints and redress: The customer is entitled to apply to a permanent amicable consumer court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to settle the dispute arising from the concluded Sales Agreement. The regulations of the organization and operation of permanent consumer courts of arbitration are specified in the regulation of the Minister of Justice of 25 September 2001 on defining the rules of organization and operation of permanent consumer courts of arbitration. (OJ 2001, No. 113, item 1214).
The customer is entitled to apply to the provincial inspector of Trade Inspection, pursuant to art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and mode of the mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the headquarters and on the websites of individual Provincial Inspectorates of the Trade Inspection.
The customer may get free assistance in resolving the dispute between the Customer and the Seller, also using the free help of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation under the toll-free consumer helpline number 800 007 707 and by the Polish Consumers Association at email [email protected].
An online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court resolution of a dispute regarding contractual obligations arising from an online sales contract or service contract.