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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).

Physical defect.
The Seller is liable under warranty for physical defects that, existed at the moment of the transfer, were of risk to the Client, or were caused by a reason inherent to the Product at the same moment. A physical defect consists of non-compliance of the Product with the Sales Agreement. In particular, a Product is not compliant with the Sales Agreement, if:
1) it does not have the properties a Product of this kind should have in association with its purpose as determined in the Sales Agreement or with the specific circumstances or use;
2) it does not have the properties it should have according to the Seller’s assurance or judging from the sample or model presented by the Seller;
3) it is not fit for the use communicated by the Client to the Seller upon execution of the Sales Agreement, if the Seller did not make any objections to such use of the Product;
4) if it was handed over to the Client incomplete. If the Client is a consumer public, representations of the manufacturer or his representative, or the person who places the Product on the market within his business activity, are treated on a par with the Seller’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.
The Product has a physical defect also in the case of its defective assembly or startup, if this were done by the Seller or a third party for whom the Seller is accountable, or by the Client in accordance with instructions delivered by the Seller.
legal defect
The Seller is liable to the Client if a Product sold by him or her is the property of a third party or is encumbered with the rights of third parties, or if there are limitations as to its use or management following the decision or ruling of a competent authority; in the case of the sale of a right, the Seller is also responsible for the existence of the right.
Limitation of Seller’s liability
The Seller is not liable under warranty, if the Client was aware of the defect upon execution of the Sales Agreement.
If the object of the Sales Agreement are Products specified in genre only or Products that are to be manufactured in the future, the Seller is not liable under warranty, if the Client was aware of the defect upon execution of the Sales Agreement. This provision does not apply if the Client is a consumer.
The Seller is not liable to a Client who is a consumer if the Product sold by him or her does not have the properties claimed in the public representations referred to hereinabove, if he was not aware, or could not reasonably be expected to be aware of them, or if they could not affect the Client’s decision to execute the Sales Agreement, or if they were corrected before execution of the Sales Agreement.

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.
2) Stage: price discount / refund
If, for reasons stated above, the Client may not request repair or replacement, or if the Seller is unable to satisfy such request in reasonable time, or if repair or replacement would cause major inconvenience to the Client, the Client may request adequate price discount or withdraw from the Sales Agreement. The Client may not withdraw from the Sales Agreement, if Product non-compliance with the Sales Agreement is insignificant. When determining reasonable time for repair and replacement, the type the Product and the purpose of its purchase should be considered.

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
If a Product sold to the Client is defective, the Client may request price discount or declare withdrawal from the Sales Agreement, unless the Seller promptly, and in a manner that is not excessively inconvenient for the Client, replaces the defective Product with a non-defective Product or removes the defect. This reservation does not apply, if the Product was already replaced or repaired by the Seller, or if the Seller failed to comply with his obligation to replace the Product with a non-defective Product or remove the defect The proportion between price discount and the price of the Sales Agreement should correspond to the proportion between the value of the defective Product and the value of the same Product free of any defects. The Client may not withdraw from the Sales Agreement, if the defect is insignificant.
• If the Client is a consumer, he may request replacement of a defective Product with a non-defective Product instead of defect removal proposed by the Seller in accordance with the foregoing provisions, or he may request defect removal instead of Product replacement, unless it is impossible to bring the Product to comply with the Sales Agreement in the manner chosen by the Client, or excessively costly compared to the manner proposed by the Seller. When evaluating whether costs are excessive, the value of a non-defective Product should be considered as well as the type and significance of defect, and the inconvenience that the Client would suffer if his complaint were to be satisfied in another manner.
If only some of the Products sold to the Client are defective and if these can be detached from non-defective Products without detriment to either party, the Client’s right of withdrawal from the agreement is limited to the defective Products.
2) Group: repair/replacement
If a Product sold to the Client is defective, the Client may request its replacement with a non-defective Product or removal of the defect. The Seller shall replace the defective Product with a non-defective Product or remove the defect in reasonable time and in a manner that is not excessively inconvenient for the Client. The Seller may refuse to satisfy the Client’s request if it is impossible to bring the defective Product to comply with the Sales Agreement in the manner chosen by the Client or if it is excessively costly compared to the other possible manner of bringing the Product to compliance with the Sales Agreement.

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: sklep@yonelle.pl
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[1] 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:

  • The Client may request the permanent court for consumer arbitration referred to in Article 37 of the Polish Trade Inspection Act of 15 December 2000 (Journal of Laws /Dz.U./ 2001 no. 4 item 25 as amended) to settle a dispute arising from the Sales Agreement. The organisation and the procedures of permanent courts for consumer arbitration are set forth in the Regulation of the Polish Minister of Justice of 25 September 2001 on the organisation and the procedures of permanent courts for consumer arbitration. (Journal of Laws /Dz.U./ 2001 no. 113, item 1214).
  • The Client may request the Regional Trade Inspector, in accordance with Article 36 of the Polish Trade Inspection Act of 15 December 2000 (Journal of Laws /Dz.U./ 2001 no. 4 item 25 as amended), to initiate mediation for arbitrary settlement of a dispute between the Client and the Seller. Information on mediation procedures conducted by the Regional Trade Inspector is available at the offices and on the websites of the respective Regional Trade Inspectorates.
  • The Client may receive free-of-charge assistance in the settlement of a dispute between the Client and the Seller from the poviat (municipal) consumer ombudsman, or from social organisations that are statutorily obliged to protect consumers (e.g. Consumer Federation, Polish Consumers Association). Assistance is offered by Consumer Federation via a toll-free hotline number 800 007 800 007 707 and by the Polish Consumers Association at the following email address: porady@dlakonsumentow.pl.