|GROUNDS FOR COMPLAINT||non-compliance of goods with an agreement||warranty|
|DATE OF EXECUTION OF SALES AGREEMENT||for Sales Agreements made before or on |
24 December 2014
|for Sales Agreements made on or after |
25 December 2014
|LEGAL BASES||the Polish Act on Specific Terms and Conditions of Consumer Sales and on Amendments to the Civil Code of 27 July 2002 (Journal of Laws /Dz.U./ no. 141, item 1176, as amended); and other relevant provisions of general legal regulations.||the Polish Civil Code of 23 April 1964 (Journal of Laws /Dz.U./ no. 16, item 93, as amended); and other relevant provisions of general legal regulations.|
|BASIC LIABILITY OF THE SELLER||The Seller is liable to the Client if a Product is not compliant with the Sales Agreement upon handover. |
non-compliance of goods with an agreement
If the properties of a Product are individually determined, it is assumed that the Product is compliant with the Sales Agreement, if it conforms to the description provided by the Seller or has the properties of a sample or model presented to the Client, and if it is fit for the purpose determined by the Client upon execution of the Sales Agreement, unless the Seller made objections to such use of the Product. In other cases it is assumed that the Product is compliant with the Sales Agreement, if it is fit for the purpose that this kind of Products are usually used and if its properties correspond to the properties of Products of this kind. The same is assumed if the Product matches expectations associated with Products of this type based on the Seller’s, manufacturer’s, or his representative’s public representations; in particular this includes representations contained in Product labelling, or advertisements concerning Product properties and the date by which the Product is supposed to preserve them. Representations of the person who places a Product on the domestic market within his business activity are treated on a par with the manufacturer’s representations, the same as the representations of the person who purports to be the manufacturer by placing his name, trademark or another distinctive marking on the Product.
Product non-compliance with the Sales Agreement also includes its defective assembly or startup, if this were done under the Sales Agreement by the Seller or a person for whom the Seller is accountable, or by the Client in accordance with instructions delivered to him or her upon sale.
Limitation of Seller’s liability
The Seller is not liable for product non-compliance with the Sales Agreement, if the Client was aware of that non-compliance, or could reasonably have been expected to be aware of it.
The Seller is not bound by the representation referred to to in Article 4, if he proves that he was not aware, or could not reasonably have been expected to be aware of it, or that it could not affect the buyer’s decision to execute the agreement, or that it was corrected prior to the execution of the agreement.
|The Seller is liable to the Client if the Product sold by him or her has a physical or legal defect in the Product (warranty). |
|BASIC CONSUMER RIGHTS||These rights as a rule are two-stage rights, meaning that the Client may move on to the second stage of rights only after having exhausted the rights of the first stage: |
1) Stage: repair/replacement
If a Product is notcompliant with the Sales Agreement, the Client may request that it be brought to a condition compliant with the Sales Agreement by free-of-charge repair or replacement, unless repair or replacement is impossible or excessively costly. When evaluating whether costs are excessive, the value of a Product compliant with the Sales Agreement should be considered as well as the type and degree of non-compliance, and the inconvenience that the Client would suffer if his complaint were to be satisfied in another manner.
|These rights as a rule are equal, meaning that the Client may use both the first and the second group of rights from the start: |
1) Group: price discount / refund
|IMPORTANT DATES FOR COMPLAINTS||Two months to notify the Seller of discovered non-compliance |
The Buyer loses his rights if he fails to notify the Seller of Product non-compliance with the Sales Agreement within two months of discovering the non-compliance The above time limit is observed if a notice is sent before its expiry.
Six months of presumed existence of noncompliance upon Product handoverThe Seller is liable to the Client, if a Product is not compliant with the Sales Agreement upon handover; if non-compliance is discovered before the lapse of six months of the Product handover, it is presumed that the non-compliance existed upon handover.
2 years of Seller’s liability
The Seller is liable for Product non-compliance with the Sales Agreement only if it is discovered before the lapse of two years of the Product handover to the Client; this time limit starts anew in the case of product replacement.
|One year of presumed existence of defect upon Product handover |
The Seller is liable under warranty for physical defects that existed at the moment of the transfer of risk to the Client or were caused by a reason inherent to the Product at the same moment. If the Client is a consumer and a physical defect was discovered before the lapse of one year of the handover of the Product sold to the Client, it is presumed that the defect or its cause existed at the moment of the transfer of risk to the Client.
Two years of Seller’s liability
The Seller is liable under warranty, if a physical defect is discovered before the lapse of two years or – in the case of defects in real property – before the lapse of five years of the day of Product handover to the Client. Provisions concerning physical defects apply to the exercise of warranty rights associated with legal defects in a Product sold to the Client, with the exception that the time limit to exercise warranty rights starts on the day when the Client becomes aware of a defect, and if the Client becomes aware of a defect as a result of an action brought by a third party – on the day of entry into force of the ruling issued in the dispute with the third party.
|WHERE AND HOW TO SUBMIT A COMPLAINT||The Client may submit a complaint by: traditional mail to the following address: ul. gen. J. Zajączka 9a/24 01-518 Warszawa or by electronic mail to: email@example.com|
|DESCRIPTION OF A COMPLAINT||The Client is advised to provide the following information in the description of the complaint – to facilitate and accelerate the review of the complaint by the Seller: (1) information and circumstances concerning the object of the complaint, in particular the type and date of occurrence of non-compliance/defect; (2) request for, respectively, satisfactory removal of Product non-compliance with the Sales Agreement, or for a price discount, or declaration of withdrawal from the Sales Agreement; and (3) contact data of the complainant. The foregoing requirements are recommendations only and do not affect the validity of complaints that do not comply with the recommended description.|
|DELIVERY OF THE PRODUCT |
SUBJECT TO COMPLAINT
|If it is necessary, to return the Product to the Seller in order for the Seller to respond to the Client’s complaint or for the Client to exercise his rights associated with Product non-compliance with the Sales Agreement/warranty, the Seller will ask the Client to return the Product at the Seller’s cost to the following address: ul. gen. J. Zajączka 9a/24 01-518 Warszawa. If, however, the type of non-compliance/defect or the type of Product or its installation makes it impossible or difficult for the Client to return the Product, the Client shall make the Product available to the Seller at the location of the Product. The request to return the Product referred to hereinabove does not affect the time limit for the Seller to respond to the Client’s complaint referred, nor does it affect the Client’s right – in the case of a warranty complaint – to request the Seller to uninstall the defective Product and reinstall the Product after replacement with a non-defective Product or removal of defect, as referred to in Article 561 of the Polish Civil Code.|
|SELLER’S RESPONSE||The Seller shall respond to a complaint without delay, in any case, at the latest, within 14 calendar days of its submission. If the Seller fails to respond within the above time limit, this shall mean that the Seller has accepted the complaint.|
|OUT-OF-COURT SETTLEMENT OF COMPLAINTS AND CLAIMS, AND PRINCIPLES OF THE AVAILABILITY OF SUCH PROCEDURES||Details concerning availability to the Client who is a consumer of out-of-court procedures for the settlement of complaints and claims are available in the offices and on the websites of the poviat (municipal) consumer ombudsman, or social organisations that are statutorily obliged to protect consumers, and the Regional Trade Inspection Authorities, and on the following websites 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 Client who is a consumer may use, for example, the following methods of out-of-court settlement of complaints and claims: |