Complaints

Rules for complaints about defective goods

date of last update: 16/11/2021

1. The Seller declares that the Goods sold in the Online Store are new.

2. The Seller is obliged to deliver the item purchased by the Buyer without defects.

3.
Regulation of the Seller's liability for defects in goods is contained in the provisions of Art. 556 – 576 of the Civil Code.

4. A two-year warranty against defects is granted for all Goods purchased in the Online Store. The physical defect of the Goods consists in the non-compliance of the Goods with the Sales Agreement.

5. If, after ownership of the Goods has passed to the Buyer, the Buyer finds that the Goods have physical defects, the Buyer may submit a complaint to the Seller under the warranty for defects (legal basis - Civil Code).

6. If mechanical damage is found during delivery or a complaint is made to the Seller regarding a defect in the Goods within the scope of warranty, the Buyer completes the complaint form available at the link /shop-functioning-rules/ in the "Complaints" tab. In the complaint form, the Buyer is obliged to indicate:

1) name and surname of the entity complaining about the Goods,
2) details of the Goods complained about (name, symbol of the Goods, production batch number/expiration date),
3) date of purchase,
4) detailed description of any defects or inconsistencies along with information in what situation a given defect or non-compliance occurs,
5) when the defect of the Goods was discovered,
6) complaint requests.

7. The reported defect of the Goods is subject to verification by the service, which will determine whether the defect or non-conformity of the Goods existed at the time of their release or whether they resulted from incorrect storage of the Goods or their improper use.

8. The complained Goods must be accompanied by proof of purchase (copy of the invoice or fiscal receipt). If it is missing, a complaint about the Goods may be submitted, provided that its purchase from the Seller is confirmed by another document.

9. The validity of the complaint will be considered within 14 days from the date of effective submission of the complaint and delivery of the Goods in accordance with the principles set out in the Civil Code.

10. After completing the complaint procedure, the Goods delivered to the Seller will be sent back to the Buyer at the Seller's expense.

11. If the Buyer does not agree with the Seller's decision to refuse to accept the complaint, the Buyer may refer the case to a common court.

If the Buyer is a consumer and wants to resolve a dispute with the Seller without referring the case to a common court, he or she may use alternative dispute resolution methods, i.e. request mediation or resolution of the dispute to the Permanent Consumer Arbitration Court (hereinafter referred to as the "arbitration court") operating at the competent Provincial Inspectorate of the Trade Inspection by submitting an appropriate application (i.e. an application to initiate and conduct mediation or an application for the case to be heard by an arbitration court). The application forms referred to above are available at the secretariat of each arbitration court and on the websites of the Provincial Inspectorates of the Trade Inspection. The use of alternative dispute resolution methods is possible only if both Parties agree to resolve the dispute in these proceedings.

Resolving a dispute through mediation is voluntary and is not subject to administrative or judicial enforcement; there is no appeal against it.

Using mediation does not exclude the possibility of filing a lawsuit in a common court or referring the case to an arbitration court. An arbitration award or a settlement concluded before it has the same legal force as a judgment of a common court or a settlement concluded before a common court after its recognition by a common court or after its enforceability has been determined by a common court.

The buyer, who is a consumer, also has the right to refer the case to the municipal or district consumer ombudsman for consideration or may seek information from the local Consumer Federation.

CIVIL CODE – WARRANTY FOR DEFECTS

Art. 556. [Defects of things]

The seller is liable to the buyer if the sold item has a physical or legal defect (warranty).

Art. 556 ¹ . [Physical defect of the item]

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

1)
it does not have properties that an item of this type should have due to the purpose specified in the contract or resulting from the circumstances or purpose;

2)
it does not have the properties of which the seller assured the buyer, including by presenting a sample or pattern;

3)
it is not suitable for the purpose about which the buyer informed the seller when concluding the contract, and the seller did not raise any objections to its intended use;

4) was delivered to the buyer in an incomplete condition.

§ 2. If the buyer is a consumer, the public assurances of the manufacturer or his representative, the person who places the item on the market within the scope of his business activity, and the person who, by placing his name, trademark or other distinctive sign on the item sold, are treated equally with the seller's assurance. presents himself as a producer.

§ 3. The sold item also has a physical defect if it is incorrectly installed and put into operation, if these activities were performed by the seller or a third party for whom the seller is responsible, or by the buyer who followed the instructions received from the seller.

Art. 556 ² . [Presumption of the existence of a defect when the risk passes to the buyer]

If the buyer is a consumer and a physical defect is discovered within one year from the date of delivery of the sold item, it is presumed that the defect or its cause existed at the time the danger passed to the buyer.

Art. 556 ³ . [Scope of seller's responsibility]

The seller is liable to the buyer if the thing sold is the property of a third party or if it is encumbered with the rights of a third party, and if the limitation in the use or disposal of the thing results from a decision or ruling of a competent authority; in the event of a sale of a right, the seller is also responsible for the existence of the right (legal defect).

Art. 557. [Exemption from liability]

§ 1. The seller is released from liability under the warranty if the buyer knew about the defect at the time of concluding the contract.

§ 2. When the subject of the sale are items marked only as to species or items to be created in the future, the seller is released from liability under the warranty if the buyer was aware of the defect at the time of delivery of the item. This provision does not apply when the buyer is a consumer.

§ 3. The seller is not liable to the buyer who is a consumer for the fact that the sold item does not have the properties resulting from the public assurances referred to in Art. 556 ¹ § 2, if he did not know these assurances or, judging reasonably, could not know them, or they could not influence the buyer's decision to conclude a sales contract, or if their content was corrected before concluding the sales contract.

Art. 558. [Modification of liability]

§ 1. The parties may extend, limit or exclude liability under the warranty. If the buyer is a consumer, limitation or exclusion of warranty liability is permitted only in cases specified in specific provisions.

§ 2. Exclusion or limitation of warranty liability is ineffective if the seller has fraudulently concealed the defect from the buyer.

Art. 559. [The moment of defects]

The seller is liable under the warranty for physical defects that existed at the time the danger passed to the buyer or resulted from a cause inherent in the item sold at the same time.

Art. 560. [Withdrawal, price reduction, exchange of items]

§ 1. If the sold item has a defect, the buyer may submit a declaration of price reduction or withdrawal from the contract, unless the seller immediately and without excessive inconvenience to the buyer replaces the defective item with a defect-free one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the seller or the seller has not fulfilled the obligation to replace the item with a defect-free one or to remove the defect.

§ 2. If the buyer is a consumer, he may, instead of removing the defect proposed by the seller, demand replacement of the item with a defect-free one or instead of replacing the item, demand removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the method of proposed by the seller. When assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found, and the inconvenience to which the buyer would be exposed to a different method of satisfaction are taken into account.

§ 3. The reduced price should be in such proportion to the price resulting from the contract that the value of the item with a defect remains to the value of the item without the defect.

§ 4. The buyer may not withdraw from the contract if the defect is insignificant.

Art. 561. [Obligation to replace a defective item with a defect-free one, removal of the defect]

§ 1. If the sold item has a defect, the buyer may demand that the item be replaced with a defect-free one or that the defect be removed.

§ 2. The seller is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time without excessive inconvenience to the buyer.

§ 3. The seller may refuse to satisfy the buyer's request if bringing the defective item into compliance with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the other possible method of bringing it into compliance with the contract. If the buyer is an entrepreneur, the seller may refuse to replace the item with a defect-free one or to remove the defect even if the costs of satisfying this obligation exceed the price of the item sold.

Art. 561 ¹ . [Disassembly and reassembly of things]

§ 1. If a defective item has been installed, the buyer may demand that the seller dismantle and reinstall it after replacing it with a defect-free item or removing the defect. If the seller fails to fulfill this obligation, the buyer is authorized to perform these activities at the seller's expense and risk.

§ 2. The seller may refuse to dismantle and reinstall if the cost of these activities exceeds the price of the item sold.

§ 3. If the buyer is a consumer, he may request the seller to dismantle and re-install, but he is obliged to bear part of the related costs exceeding the price of the thing sold, or he may demand from the seller to pay part of the costs of disassembly and re-assembly, up to the price of the thing sold.

Art. 561 ² . [Delivery of items by the buyer]

§ 1. The buyer who exercises warranty rights is obliged to deliver the defective item at the seller's expense to the place indicated in the sales contract, and if such a place is not specified in the contract, to the place where the item was delivered to the buyer.

§ 2. If, due to the type of the item or the method of its installation, delivery of the item by the buyer would be excessively difficult, the buyer is obliged to make the item available to the seller in the place where the item is located.

§ 3. The provisions of § 1 and 2 apply to the return of items in the event of withdrawal from the contract and replacement of the item with a defect-free one.

Art. 561 ³ . [Replacement or repair costs]

Subject to Art. 561 ¹ § 2 and 3, replacement or repair costs are borne by the seller. In particular, this includes the costs of dismantling and delivering items, labor, materials and reassembly and commissioning.

Art. 561 ⁴ . [Obligation to accept defective goods from the buyer]

The seller is obliged to accept the defective item from the buyer in the event of replacing the item with a defect-free item or withdrawing from the contract.

Art. 561 ⁵ . [Recognition of the request as justified]

If the buyer who is a consumer has requested the replacement of the item or removal of the defect or has submitted a declaration of price reduction, specifying the amount by which the price is to be reduced, and the seller has not responded to this request within fourteen days, it is considered that the request was justified.

Art. 562. [Items delivered in parts]

If the sales contract stipulates that the sold items are to be delivered in parts, and despite the buyer's request, the seller has not delivered the same number of defect-free items instead of the defective items, the buyer may also withdraw from the contract with respect to some of the items that are to be delivered later.

Art. 563. [Complaint deadlines]

§ 1. In the case of sales between entrepreneurs, the buyer loses warranty rights if he did not examine the item in time and in the manner usual for this type of item and did not immediately notify the seller about the defect, and if the defect was discovered only later - if he did not notify the seller immediately after its discovery. .

§ 2. To meet the above deadline, it is sufficient to send a notice of the defect before its expiry.

Art. 564. [Deceitful concealment of a defect]

In the cases provided for in Art. 563, the loss of rights under the warranty for physical defects of the item does not occur despite the failure to meet the deadlines for examining the item by the buyer or notifying the seller about the defect, if the seller knew about the defect or assured the buyer that the defects do not exist.

Art. 565. [Limited right of withdrawal]

If only some of the items sold are defective and can be separated from defect-free items without harm to both parties, the buyer's right to withdraw from the contract is limited to the defective items.

Art. 566. [Reimbursement of expenses for]

§ 1. If, due to a physical defect of the sold item, the buyer has made a declaration of withdrawal from the contract or price reduction, he may demand compensation for the damage he suffered as a result of concluding the contract without being aware of the existence of the defect, even if the damage was the result of circumstances for which the seller is not responsible. liability, and in particular may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring the goods, as well as reimbursement of the expenses incurred to the extent that he did not benefit from these expenses. This does not prejudice the provisions on the obligation to repair damage on general principles.

§ 2. The provision of § 1 shall apply accordingly when a defect-free item is delivered instead of a defective item or the defect is removed by the seller.

Art. 567. [Returning the item at the expense and risk of the seller]

§ 1. If the seller delays the receipt of the goods, the buyer may return the goods at the seller's expense and risk.

§ 2. In the case of sales between entrepreneurs, the buyer is entitled and, if the seller's interests require it, obliged to sell the item with due care if there is a risk of deterioration of the item. If possible, the buyer should notify the seller of his intention to sell, and in any case, he should send him a notice immediately after the sale. The buyer may also send the item back to the seller at the seller's expense and risk.

Art. 568. [Liability under warranty]

§ 1. The seller is liable under the warranty if a physical defect is discovered before the expiry of two years, and in the case of real estate defects - before the expiry of five years from the date of delivery of the item to the buyer. If the buyer is a consumer and the subject of the sale is a used movable item, the seller's liability may be limited to no less than one year from the date of delivery of the item to the buyer.

§ 2. The claim for removal of a defect or replacement of the sold item with a defect-free one expires after one year from the date of detection of the defect. If the buyer is a consumer, the limitation period may not end before the deadline specified in § 1.

§ 3. Within the deadlines specified in § 2, the buyer may submit a declaration of withdrawal from the contract or price reduction due to a defect in the sold item. If the buyer requested that the item be replaced with a defect-free one or that the defect be removed, the time limit for submitting a declaration of withdrawal from the contract or price reduction begins upon the ineffective expiry of the time limit for replacing the item or removing the defect.

§ 4. In the event of an investigation before a court or arbitration court of one of the warranty rights, the time limit for exercising other rights to which the buyer is entitled in this respect is suspended until the final conclusion of the proceedings.

§ 5. The provision of § 4 shall apply mutatis mutandis to mediation proceedings, however, the time limit for exercising other warranty rights to which the buyer is entitled begins to run from the date of the court's refusal to approve the settlement concluded before the mediator or the ineffective termination of the mediation.

§ 6. The expiry of the deadline for identifying the defect does not exclude the exercise of warranty rights if the seller has fraudulently concealed the defect.

Art. 568 ¹ . [Expiration date of items, warranty]

If the shelf life of the item specified by the seller or the manufacturer ends after two years from the date of delivery of the item to the buyer, the seller is liable under the warranty for physical defects of the item found before the expiry of this period. The provision of Art. 568 § 6 applies.

Art. 573. [Third party claims]

The buyer against whom a third party pursues claims regarding the sold item is obliged to immediately notify the seller and request him to participate in the case. If he failed to do so and a third party obtained a judgment in his favor, the seller is released from liability under the warranty for a legal defect to the extent that his participation in the proceedings was necessary to demonstrate that the third party's claims were completely or partially unfounded.

Art. 574. [Obligation to repair damage] ^[

§ 1. If, due to a legal defect of the thing sold, the buyer made a declaration of withdrawal from the contract or price reduction, he may demand compensation for the damage he suffered by concluding the contract without knowing about the existence of the defect, even if the damage was a consequence of the circumstances for which the seller is not liable and, in particular, may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring the items, reimbursement of the expenses incurred to the extent that he did not benefit from them and did not receive them from a third party, and reimbursement process costs. This does not prejudice the provisions on the obligation to repair damage on general principles.

§ 2. The provision of § 1 shall apply accordingly in the event of delivery of an item free from defects instead of a defective item.

Art. 575. [Refund of price]

If, due to a legal defect of the sold item, the buyer is forced to deliver the item to a third party, a contractual exclusion of liability under the warranty does not release the seller from the obligation to return the price received, unless the buyer knew that the seller's rights were disputed or that he purchased the item at his own risk.

Art. 575 ¹ . [Exemption from liability]

If the buyer has avoided the loss of all or part of the purchased item or the consequences of its encumbrance to the benefit of a third party by paying a sum of money or providing another performance, the seller may release himself from liability under the warranty by returning to the buyer the amount paid or the value of the performance provided, together with interest. and costs.

Art. 576. [Terms of warranty for legal defects]

The provisions of Art. shall apply to the exercise of rights under the warranty for legal defects of the sold item. 568 § 2-5, except that the period referred to in Art. 568 § 2, starts from the day on which the buyer learned about the existence of the defect, and if the buyer learned about the existence of the defect only as a result of an action by a third party - from the day on which the judgment issued in the dispute with the third party became final.

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