COMPLAINT
The Seller shall be liable for non-compliance of the Product with the Contract. The provisions of the Civil Code Act of 23 April 1964 (i.e. Journal of Laws of 2023, item 1610, as amended) concerning warranty for defects shall not apply to agreements obliging to transfer ownership of the Goods to the Consumer, including, in particular, sale agreements, delivery agreements and agreements for work constituting the Goods.
The Seller shall be liable for the lack of conformity of the Product with the Agreement, which lack exists at the moment of its delivery and is revealed within two (2) years from that moment, unless the Product’s expiry date specified by the Seller, its legal predecessors or persons acting on their behalf is longer. Any lack of conformity of the Product with the Contract that becomes apparent before the expiry of two (2) years from the time of delivery of the Product shall be presumed to have existed at the time of delivery unless the contrary is proved or the presumption cannot be reconciled with the specific nature of the Product or the nature of the lack of conformity of the Product with the Contract.
If the Product is not in conformity with the Contract, the Consumer may request its repair or replacement. The Seller may make a replacement when the Consumer demands a repair, or the Seller may make a repair when the Consumer demands a replacement, if bringing the Product into conformity with the Contract, 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 Contract.
The Seller shall carry out the repair or replacement within a reasonable time from the moment the Consumer informed the Seller of the lack of conformity with the Contract and without unreasonable inconvenience for the Consumer, taking into account the specific nature of the Product and the purpose for which the Consumer purchased it. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials shall be borne by the Seller. For this purpose the Consumer shall make the Product subject to repair or replacement available to the Seller. The Seller shall collect the Product from the Consumer at his own expense. If the Product was assembled before the Product became inconsistent with the Contract, the Seller disassembles the Product and assembles it again, after the repair or replacement, or has these activities performed at its expense.
If the Product is not in conformity with the Contract, the Consumer may submit a statement of price reduction or withdrawal from the Contract when:
(a) The Seller has refused to bring the Product into conformity with the Contract;
b) the Seller has failed to bring the Product into conformity with the Contract;
c) the lack of conformity of the Product with the Contract continues even though the Seller has tried to bring the Product into conformity with the Contract;
d) the lack of conformity of the Product with the Contract is so significant that it justifies a reduction of the price or withdrawal from the Contract, without prior request for repair or replacement;
e) it is evident from the Seller’s statement or circumstances that he will not bring the Product into conformity with the Contract within a reasonable time or without unreasonable inconvenience for the Consumer.
The reduced price must be in such proportion to the Contract price as the value of the non-conforming Product remains to the value of the conforming Product. The Seller shall reimburse the Consumer the amounts due as a result of the exercise of the right to reduce the price, immediately, but no later than within fourteen (14) days, from the date of receipt of the Consumer’s statement on price reduction.
The Consumer may not withdraw from the Contract if the lack of conformity of the Product with the Contract is insignificant. The lack of conformity of the Product with the Contract shall be presumed to be material.
In the event of withdrawal from the Contract, the Consumer shall immediately return the Product to the Seller at the Seller’s expense. The Seller shall reimburse the price to the Consumer immediately, no later than within fourteen (14) days from the date of receipt of the Product or proof of its return, using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of reimbursement that does not involve any costs for the Consumer.
Complaints concerning the Products, may be made:
(a) in writing, to the Seller’s registered address: Rybno 3 11-731 Rybno;
b) by e-mail, to the e-mail address: [email protected].
The complaint should include:
(a) data of the person submitting the complaint (name and surname, correspondence address, e-mail address and contact telephone number);
b) indication of the reason for the complaint and the content of the request;
c) number of the Order as shown in the confirmation of acceptance of the Order;
d) the original or a copy of the proof of purchase (e.g. receipt or invoice) may facilitate the lodging of the complaint, but is not necessary to lodge it.
The above provisions do not exclude the possibility of the Seller granting a guarantee for the purchased Products, which is provided for in separate guarantee regulations.
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