1. VI Complaint procedure

6.1. In the case of contracts concluded with Consumers within the meaning of Article 221 of the Civil Code, the Seller shall be liable to the Consumer under the rules set out in Article 556 and subsequent of the Civil Code for physical or legal defects (warranty).

6.2. The Seller is liable under the warranty if a physical defect is found within two years of the item being handed over to the Consumer, and if the subject of the sale is the item used within one year of the item being handed over to the Consumer.

6.3. The Consumer's claim to remove the defect or exchange the item sold for one free of defects expires after one year, counting from the day the defect was found, but not earlier than two years after the item was released to the Consumer, and if the subject of sale is an item used within one year from the moment of handing over the item to the Consumer.

6.4.  If the expiry date of the item specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of this item found before the expiry of that period.

6.5. A physical defect consists in the non-compliance of the item sold with the Agreement. In particular, the item sold is inconsistent with the Agreement if:

   6.5.1. it does not have properties that this kind of thing should have, due to the purpose specified in the Contract or resulting from circumstances or destination;

   6.5.2. does not have properties that the Seller has provided to the Buyer, including the presentation of a sample or design;

   6.5.3. it is not suitable for the purpose of which the Buyer informed the Seller at the conclusion of the Contract, and the Seller did not raise any objections to its intended use;

   6.5.4.  has been released to the Buyer in an incomplete state

6.6. Equally with the Seller's assurance, the public assurances of the manufacturer or his representative, the person who places the item on the market in the scope of his business activity, and the person who, by placing the item sold in his name, trademark or other distinctive sign, presents himself as the manufacturer are treated.

6.7. The seller is released from the liability set out in point 6.5.3 only if:

   6.7.1. proves that he did not know these assurances or judiciously he could not know;

   6.7.2. demonstrates that the assurances could not have influenced the consumer's decision;

   6.7.3.  the content of the assurances was corrected before the conclusion of the Agreement with the Seller

   6.7.4.  the Item sold has a physical defect also in the event of incorrect installation and commissioning, if these activities were carried out by the Seller or a third party for which the Seller is responsible, or by the Buyer who followed the instructions received from the Seller.

6.8.  n the case of a Contract with a Consumer, if a physical defect has been found within one year of delivery of the item, it is assumed that it existed at the time the danger passed to the Consumer. In the event of a defect being found after one year from the date of delivery of the item, the consumer must demonstrate that the defect existed in the product at the time of purchase.

6.9.  The consumer, if the item sold has a defect, may:

    6.9.1. make a statement requesting a price reduction;

    6.9.2. make a statement of withdrawal from the Agreement;

    6.9.3. demand replacement of the product with one free from defects;

    6.9.4. demand that the defect be removed

6.10. The Consumer can not withdraw from the Contract if the defect is irrelevant.

6.11. The consumer who exercises the rights under the warranty is obliged at the expense of the Seller to deliver the defective item to the Complaint Address, and if, due to the type of item or the way it was installed, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the place where which thing is. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to return the item at the expense and risk of the Seller.

6.12. The seller asks that in order to facilitate the complaint process, attach a description of the non-compliance of the goods with the Contract.

6.13. The Seller will respond to the Customer's notification within 14 (fourteen) days. Otherwise, it is considered that the Seller has recognized the Consumer's statement or request as justified.

6.14. The Seller, in the event of a Consumer request specified in point 6.10 may exchange a defective item for a non-defective one or remove the defect, provided that it occurs immediately and without undue inconvenience to the Consumer.

6.15.  However, if the item has already been replaced or repaired by the Seller or the Seller failed to satisfy the obligation to exchange the item for a non-defective one or remove the defect, he shall not be entitled to exchange the item or remove the defect.

6.16.  The consumer may, instead of the removal of the defect proposed by the Seller, request the exchange of the item for a non-defective one or instead of the replacement demand the removal of the defect, unless bringing the item into compliance with the Agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller, while the assessment of excessive costs takes into account the value of the item free from defects, the type and significance of the defect as well as attention is paid to the inconvenience to which the Consumer would otherwise expose the satisfaction of the claim.

 6.17. The Seller may refuse to satisfy the Consumer's request if bringing the defective item into conformity with the Contract in the manner chosen by the Consumer is impossible or requires excessive costs compared to the second possible way of bringing the item into compliance with the Contract.

 6.18. In the event of a price reduction, the reduced price should remain in proportion to the price resulting from the Contract in which the value of the item with the defect remains to the value of the item without the defect.

 6.19. The seller is obliged to replace the defective item for a non-defective one or remove the defect within a reasonable time without undue inconvenience to the consumer.

 6.20. In a situation where a defective item has been installed, the Consumer may request the Seller to disassemble and re-assemble after having replaced it with a non-defective one or to remove the defect. In the event of non-performance of this obligation by the Seller, the Consumer is entitled to perform these activities at the expense and risk of the Seller.

 6.21. The seller may refuse disassembly and reassembly if the cost of these activities exceeds the price of the item sold.

 6.22. The consumer, in the case described above, may require the Seller to disassemble and reassemble, however, he is obliged to bear part of the costs associated with it in the value exceeding the price of the item sold, or may require the Seller to pay a portion of the cost of disassembly and reassembly, up to the price of the item sold.

  6.23. In the case of contracts concluded with customers who are not also consumers within the meaning of Article 221 of the Civil Code, pursuant to Article 558 paragraph 1 of the Civil Code, the Seller's liability under the warranty is excluded.

  6.24. Pursuant to the deadlines indicated in points 6.2, 6.3 and 6.4 of this section of the Regulations, the Consumer may submit a statement of withdrawal from speech or price reduction due to a physical defect of the item sold, and if the Consumer demanded replacement of the item for one free of defects or removal of the defect, the deadline for submission the statement on withdrawal from the Agreement or price reduction begins with the ineffective expiry of the deadline for replacing things or removing a defect.

  6.25. In the event of an investigation before a court, an arbitration court of one of the rights under the warranty, the time limit for exercising other rights provided for in the Act, due to which the Consumer is entitled under this title, shall be suspended until the final termination of the proceedings in this case. Accordingly, these rules also apply to mediation proceedings, where the deadline for exercising other rights under the warranty, entitled to the Consumer, begins to run from the day the court refuses to approve the settlement before the mediator or the ineffective termination of mediation.

  6.26. The period for exercising the rights under the warranty for legal defects of a sold item begins from the day on which the Consumer learned about the existence of the defect and if the Consumer learned about the existence of the defect only as a result of an action by a third party - from the day on which the decision or other decision of the authority issued in a dispute with a third party has become final.

  6.27. If, due to a defect of the item sold, the Consumer has made a statement on withdrawal from the Contract or a price reduction, he may demand compensation for the damage he suffered because he concluded the Contract without knowing about the existence of the defect, even if the damage was a consequence of circumstances for which the Seller shall not be liable may demand reimbursement of the costs of concluding the Agreement, costs of collection, handling, storage and insurance of goods, reimbursement of expenses made to the extent that he benefited from them and did not receive their reimbursement from a third party and the costs of processes.

  6.28. The above does not prejudice the generally applicable provisions on the obligation to repair damage on general principles.

  6.29.  In the event that the Seller conceals a defect, the expiry of the deadline shall not exclude the rights under the warranty.

  6.30. The complaint address is: ul. Gdyńska 32, 62-004 Czerwonak.

1. VII Warranty

  7.1. Towary sprzedawane za pośrednictwem Sklepu internetowego mogą być objęte gwarancją producenta lub importera.

  7.2. Sprzedawca udziela rocznej gwarancji na sprzedawany towar.

  7.3.  Szczegółowe warunki realizacji gwarancji są przedstawione w druku gwarancji wystawionej przez gwaranta.

 

1. VIII Withdrawal from the contract - returns of goods as part of the withdrawal from the contract