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ENG
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CONSUMER GOODS COMPLAINT BASED ON THE ACT BEFORE AND AFTER 25 DECEMBER 2014 |
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BASIS OF THE COMPLAINT |
due to non-conformity of the goods with the sales contract |
due to statutory warranty |
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DATE OF CONCLUSION OF THE SALES CONTRACT |
applies to Sales Contracts concluded |
applies to Sales Contracts concluded |
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LEGAL BASIS |
Act on special conditions of consumer sales and amendments to the Civil Code of 27 July 2002 (Journal of Laws No. 141, item 1176, as amended) and other generally applicable provisions of law |
Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) and other generally applicable provisions of law |
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BASIC CONDITIONS OF THE SELLER’S LIABILITY |
The Seller is liable to the Customer if the Product, at the time of delivery, is not in conformity with the Sales Contract. non-conformity of the goods with the contract In the case of individual agreement on the properties of the Product, it is presumed to be in conformity with the Sales Contract if it corresponds to the description provided by the Seller or has the characteristics of a sample or model shown to the Customer, and if it is suitable for the purpose specified by the Customer at the conclusion of the Sales Contract, unless the Seller raised objections as to such use of the Product. In cases not covered above, it is presumed that the Product is in conformity with the Sales Contract if it is suitable for the purpose for which products of that kind are usually used and if its properties correspond to the properties typical for products of that kind. The same presumption applies when the Product meets expectations for products of that kind based on public assurances made by the Seller, the manufacturer or its representative; in particular, assurances expressed in the Product labeling or advertising relating to the properties of the Product, including the period during which the Product is to retain them, are taken into account. An assurance by the person who places the Product on the domestic market within the scope of its business activity, and by a person who presents themselves as the manufacturer by placing their name, trademark or other distinguishing mark on the Product, is treated on an equal footing with the manufacturer’s assurance. Non-conformity of the Product with the Sales Contract also includes improper installation and commissioning, if these activities were carried out under the Sales Contract by the Seller or by a person for whom the Seller is responsible, or by the Customer in accordance with instructions received at the time of sale. exemption of the Seller from liability The Seller is not liable for non-conformity of the Product with the Sales Contract if the Customer knew of the non-conformity or, judging reasonably, should have known of it. The Seller is not bound by the assurance referred to in Article 4 if they prove that they did not know and, judging reasonably, could not have known of the assurance, or that it could not have influenced the buyer’s decision to conclude the contract, or that its content was corrected before the conclusion of the contract. |
The Seller is liable to the Customer if the sold Product has a physical or legal defect (statutory warranty). physical defect The Seller is liable under the statutory warranty for physical defects that existed at the time the risk passed to the Customer or resulted from a cause inherent in the sold Product at that same time. A physical defect consists in non-conformity of the sold Product with the Sales Contract. In particular, the sold Product is not in conformity with the Sales Contract if: 1. it does not have the properties that a Product of this kind should have due to the purpose specified in the Sales Contract or resulting from circumstances or intended use; 2. it does not have the properties that the Seller assured the Customer of, including by presenting a sample or model; 3. it is not suitable for the purpose of which the Customer informed the Seller at the conclusion of the Sales Contract, and the Seller did not raise objections as to such use; 4. it was delivered to the Customer in an incomplete condition. If the Customer is a consumer, public assurances by the manufacturer or its representative, by a person who places the Product on the market within the scope of its business activity, and by a person who presents themselves as the manufacturer by placing their name, trademark or other distinguishing mark on the sold Product, are treated on an equal footing with the Seller’s assurances. The sold Product also has a physical defect in the event of improper installation and commissioning, if these activities were carried out by the Seller or a third party for whom the Seller is responsible, or by the Customer who followed instructions received from the Seller. legal defect The Seller is liable to the Customer if the sold Product is owned by a third party or is encumbered with a right of a third party, as well as if a restriction on the use or disposal of the Product results from a decision or ruling of a competent authority; in the case of sale of a right, the Seller is also liable for the existence of that right exemption of the Seller from liability The Seller is exempt from liability under the statutory warranty if the Customer knew of the defect at the time of concluding the Sales Contract. When the subject of the Sales Contract consists of Products designated only by type or Products to be manufactured in the future, the Seller is exempt from liability under the statutory warranty if the Customer knew of the defect at the time of delivery of the item. This provision does not apply if the Customer is a consumer. The Seller is not liable to a Customer who is a consumer for the fact that the sold Product does not have the properties resulting from public assurances referred to above, if the Seller did not know of these assurances and, judging reasonably, could not have known of them, or if they could not have influenced the Customer’s decision to conclude the Sales Contract, or if their content was corrected before the conclusion of the Sales Contract. |
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BASIC CONSUMER RIGHTS |
As a rule, these rights are of a two-stage nature, which means that the Customer may proceed to the second stage of rights only after first exhausting the rights from the first stage: 1) Stage: repair / replacement If the Product is not in conformity with the Sales Contract, the Customer may demand that it be brought into conformity with the Sales Contract by free repair or replacement with a new one, unless repair or replacement is impossible or would require excessive costs. When assessing excessiveness of costs, the value of the Product in conformity with the Sales Contract, the type and degree of the identified non-conformity, and the inconvenience to which the Customer would be exposed by another method of satisfaction are taken into account. 2) Stage: price reduction / refund If, for the reasons specified above, the Customer cannot demand repair or replacement, or if the Seller fails to satisfy such a demand within an appropriate time, or if repair or replacement would expose the Customer to significant inconvenience, the Customer has the right to demand an appropriate reduction of the price or to withdraw from the Sales Contract. The Customer may not withdraw from the Sales Contract if the non-conformity of the Product with the Sales Contract is insignificant. When determining the appropriate time for repair or replacement, the type of Product and the purpose of its purchase are taken into account. |
As a rule, these rights are of an equivalent nature, which means that the Customer may immediately use both the first and the second group of rights: 1) Group: price reduction / refund If the sold Product has a defect, the Customer may submit a declaration of price reduction or withdrawal from the Sales Contract, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective Product with one free from defects or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or if the Seller has failed to fulfill the obligation to replace the Product with one free from defects or to remove the defect. The reduced price should remain in such proportion to the price resulting from the Sales Contract as the value of the Product with a defect remains to the value of the Product without a defect. The Customer may not withdraw from the Sales Contract if the defect is insignificant. If the Customer is a consumer, they may, instead of the defect removal proposed by the Seller in accordance with the above provisions, demand replacement of the Product with one free from defects, or instead of replacement of the Product, demand removal of the defect, unless bringing the Product into conformity with the Sales Contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the manner proposed by the Seller. When assessing excessiveness of costs, the value of the Product free from defects, the type and significance of the identified defect, and the inconvenience to which the Customer would be exposed by another method of satisfaction are taken into account. If among the sold Products only some are defective and can be separated from Products free from defects without harm to both parties, the Customer’s right to withdraw from the contract is limited to the defective Products. 2) Group: repair / replacement If the sold Product has a defect, the Customer may demand replacement of the Product with one free from defects or removal of the defect. The Seller is obliged to replace the defective Product with one free from defects or remove the defect within a reasonable time without excessive inconvenience to the Customer. The Seller may refuse to satisfy the Customer’s demand if bringing the defective Product into conformity with the Sales Contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the other possible manner of bringing it into conformity with the Sales Contract. |
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IMPORTANT COMPLAINT DEADLINES |
2 months to notify the Seller of identified non-conformity The Buyer loses their rights if, before the expiry of two months from identifying the non-conformity of the Product with the Sales Contract, they do not notify the Seller of it. To meet the deadline, it is sufficient to send the notification before its expiry. 6 months presumption of existence of non-conformity at the time of delivery The Seller is liable to the Customer if the Product at the time of delivery is not in conformity with the Sales Contract; if non-conformity is identified before the expiry of six months from delivery of the Product, it is presumed that it existed at the time of delivery. 2 years of Seller’s liability The Seller is liable for non-conformity of the Product with the Sales Contract only if it is identified before the expiry of two years from delivery of the Product to the Customer; this period runs anew in the event of replacement of the Product. |
1 year presumption of existence of a defect at the time of delivery The Seller is liable under the statutory warranty for physical defects that existed at the time the risk passed to the Customer or resulted from a cause inherent in the sold Product at that same time. If the Customer is a consumer and the physical defect is identified before the expiry of one year from the date of delivery of the sold Product, it is presumed that the defect or its cause existed at the time the risk passed to the Customer. 2 years of Seller’s liability The Seller is liable under the statutory warranty if a physical defect is identified before the expiry of two years, and in the case of defects in real estate – before the expiry of five years from the date of delivery of the Product to the Customer. Provisions concerning physical defects apply accordingly to the exercise of rights under the statutory warranty for legal defects of the sold Product, with the proviso that the period for exercising rights under the statutory warranty begins on the day the Customer learned of the existence of the defect, and if the Customer learned of the existence of the defect only as a result of a lawsuit brought by a third party – on the day the ruling issued in the dispute with the third party became final. |
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PLACE AND METHOD OF SUBMITTING A COMPLAINT |
The complaint may be submitted by the customer, for example:
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DESCRIPTION OF THE COMPLAINT |
RMA FILE - available for download here. 1. It is recommended that the Customer include the following information in the complaint description – this will facilitate and speed up the handling of the complaint by the Seller: 2. (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the non-conformity/defect; 3. (2) the requested method of bringing the Product into conformity with the Sales Contract or a declaration of price reduction or withdrawal from the Sales Contract; and 4. (3) contact details of the person submitting the complaint. 5. The requirements listed above are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description. |
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DELIVERY OF THE COMPLAINED PRODUCT |
If, in order for the Seller to respond to the Customer’s complaint or to exercise the Customer’s rights resulting from non-conformity of the Product with the Sales Contract/statutory warranty, it is necessary to deliver the Product to the Seller, the Customer will be requested by the Seller to deliver the Product at the Customer’s expense to the address: Drogowców 14, 39-200 Dębica. However, if due to the type of non-conformity/defect, the type of Product or the manner of its installation, delivery of the Product by the Customer would be impossible or excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located. |
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SELLER’S RESPONSE |
The Seller shall respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. Failure of the Seller to respond within the above period means that the Seller has acknowledged the complaint as justified. |
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OUT-OF-COURT METHODS OF COMPLAINT HANDLING AND CLAIMS PURSUIT |
Detailed information regarding the possibility for a Customer who is a consumer to use out-of-court methods of complaint handling and claims pursuit, as well as rules for access to these procedures, are available at the offices and websites of county (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection:
and
A Customer who is a consumer has, among others, the following possibilities to use out-of-court methods of complaint handling and claims pursuit:
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