COMPLAINT
The Seller shall be liable for the non-conformity of the Product with the Agreement. The provisions of the Act of 23 April 1964, the Civil Code (Journal of Laws of 2023, item 1610, as amended ), regarding warranty for defects, shall not apply to agreements requiring the transfer of ownership of the Goods to the Consumer, including in particular sales agreements, delivery agreements and contracts for a specific work being the Goods.- The Seller shall be liable for any lack of conformity of the Product with the Agreement, which lack exists at the time of its delivery and is revealed within two (2) years from that time, unless the expiry date of the Product, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer. It is presumed that any lack of conformity of the Product with the Agreement, which becomes apparent before the expiry of two (2) years from the time of delivery of the Product, existed at the time of its delivery, unless it is proven otherwise or such presumption cannot be reconciled with the specificity of the Product or the nature of the lack of conformity of the Product with the Agreement.
- If the Product is not in accordance with the Agreement, the Consumer may request its repair or replacement. The Seller may make the replacement when the Consumer requests the repair, or the Seller may make the repair when the Consumer requests the replacement, if bringing the Product into conformity with the Agreement, in the manner chosen by the Consumer, is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the Agreement.
- The Seller shall repair or replace within a reasonable time from the moment the Consumer has informed him of the lack of conformity with the Agreement, and without excessive inconvenience to the Consumer, taking into account the specificity of the Product and the purpose for which the Consumer acquired it. The costs of repair or replacement, including in particular the costs of postage, transport, labour and materials, shall be borne by the Seller. For this purpose, the Consumer shall make the Product available to the Seller, subject to repair or replacement. The Seller shall collect the Product from the Consumer at its own expense. If the Product was installed before the lack of conformity of the Product with the Agreement was revealed, the Seller shall dismantle the Product and reinstall it after the repair or replacement has been carried out or shall have these activities performed at its own expense.
- If the Product is inconsistent with the Agreement, the Consumer may submit a declaration of price reduction or withdrawal from the Agreement when:
- a) the Seller refused to bring the Product into conformity with the Agreement;
- b) the Seller has failed to bring the Product into compliance with the Agreement;
- c) the lack of conformity of the Product with the Agreement persists despite the Seller’s attempt to bring the Product into conformity with the Agreement;
- d) the lack of conformity of the Product with the Agreement is so significant that it justifies a reduction in price or withdrawal from the Agreement without prior request for its repair or replacement;
- e) it clearly follows from the Seller’s statement or the circumstances that he will not bring the Product into conformity with the Agreement within a reasonable time or without excessive inconvenience to the Consumer.
- The reduced price must be in such proportion to the price resulting from the Agreement that the value of the Product that is not in accordance with the Agreement is in relation to the value of the product that is in accordance with the Agreement. The Seller shall return to the Consumer the amounts due as a result of exercising the right to reduce the price, immediately, no later than within fourteen (14) days from the date of receipt of the Consumer’s statement on the price reduction.
- The Consumer may not withdraw from the Agreement if the lack of conformity of the Product with the Agreement is immaterial. It is presumed that the lack of conformity of the Product with the Agreement is material.
- In the event of withdrawal from the Agreement, the Consumer shall immediately return the Product to the Seller at his/her expense. The Seller shall return the price to the Consumer immediately, no later than fourteen (14) days from the date of receipt of the Product or proof of its return, using the same method of payment as the Consumer used, unless the Consumer has expressly agreed to another method of return that does not involve any costs for him/her.
- Complaints regarding Products may be submitted:
- a) in writing, to the Seller’s registered office address: Rybno 3 11-731 Rybno;
- b) by e-mail, to the e-mail address: [email protected] .
- The complaint should include:
- a) details of the person submitting the complaint (name and surname, mailing address, e-mail address and contact telephone number);
- b) indication of the reason for the complaint and the content of the request;
- c) the Order number appearing in the Order acceptance confirmation;
- d) the original or a copy of the proof of purchase (e.g. receipt or invoice) may facilitate the submission of a complaint, but is not necessary to submit it.
- The above provisions do not exclude the possibility of the Seller providing a guarantee for purchased Products, which is provided for in separate guarantee regulations.