Complaints

Rules for filing 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 goods purchased by the Buyer free from defects.

3.
The Seller's liability for defects in goods is regulated by the provisions of Articles 556 – 576 of the Civil Code.

4. All Goods purchased in the Online Store are covered by a two-year warranty against defects. A physical defect in the Goods consists of the Goods' non-conformity with the Sales Agreement.

5. If, after the 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 occurs during delivery or a warranty claim is filed with the Seller regarding a defect in the Goods, the Buyer must complete the complaint form available at the link /store-rules/ in the "Complaints" tab. In the complaint form, the Buyer must 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 its release or whether it was caused by incorrect storage of the Goods or their improper use.

8. The Goods being complained about must be accompanied by proof of purchase (a copy of the invoice or receipt). In the absence of proof of purchase, a complaint regarding the Goods may be filed provided that the 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 returned 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 matter 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 goods]

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

Art. 556 ^1. [Physical defect of an item]

§ 1. A physical defect is a nonconformity of the sold item with the contract. In particular, the sold item is nonconforming with the contract if:

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

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

3)
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 objection to such purpose;

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

§ 2. If the buyer is a consumer, the public assurances of the manufacturer or its representative, the person who introduces the item into circulation within the scope of his business activity, and the person who presents himself as the manufacturer by placing his name, trademark or other distinguishing mark on the sold item are treated as the seller's assurances.

§ 3. The sold item also has a physical defect in the event of its improper installation and commissioning, 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 at the time of transfer of risk 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 risk passed to the buyer.

Art. 556 ^3. [Scope of seller's liability]

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

Art. 557. [Exemption from liability]

§ 1. The seller is released from liability under warranty if the buyer was aware of the defect at the time of conclusion of the contract.

§ 2. When the subject of the sale are goods designated only as to their type or goods that are to be manufactured in the future, the seller is exempt from warranty liability if the buyer was aware of the defect at the time of delivery. This provision does not apply if 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 Article 556 ¹ § 2, if he was not aware of these assurances or, judging reasonably, could not have been aware of them or if they could not have influenced the buyer’s decision to conclude the sales contract, or if their content was corrected before the conclusion of the sales contract.

Art. 558. [Modification of liability]

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

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

Art. 559. [The moment of occurrence of defects]

The Seller is liable under the warranty for physical defects that existed at the time the risk 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 goods]

§ 1. If a 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 undue inconvenience to the buyer replaces the defective item with a defect-free item 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 failed to fulfill its obligation to replace the item with a defect-free item or remove the defect.

§ 2. If the buyer is a consumer, they may request replacement of the item with a defect-free item instead of the seller's proposed defect removal, or request removal of the defect instead of replacement, unless bringing the item into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the method proposed by the seller. When assessing whether the costs are excessive, the value of the defect-free item, the type and significance of the identified defect, and the inconvenience to which the buyer would be exposed under another method of satisfaction are also taken into account.

§ 3. The reduced price should be in proportion to the price resulting from the contract in which the value of the item with the defect is in proportion to the value of the item without the defect.

§ 4. The buyer cannot 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 request that the item be replaced with a defect-free item 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 conformity 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 the item into conformity with the contract. If the buyer is a business, the seller may refuse to replace the item with a defect-free one or to remove the defect even if the costs of fulfilling this obligation exceed the price of the item sold.

Art. 561 ^1. [Dismantling and reassembling of items]

§ 1. If the defective item has been installed, the buyer may request that the seller disassemble and reassemble the item after replacing it with a defect-free item or remedying the defect. If the seller fails to fulfill this obligation, the buyer is authorized to perform these actions at the seller's expense and risk.

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

§ 3. If the buyer is a consumer, he or she may demand that the seller dismantle and reassemble the goods, but is obliged to bear part of the related costs exceeding the price of the sold item, or may demand that the seller pay part of the costs of dismantling and reassembling, up to the price of the sold item.

Art. 561 ^2. [Delivery of goods by the buyer]

§ 1. The buyer who exercises the warranty rights is obliged to deliver the defective item at the seller’s expense to the place specified in the sales contract, and if no such place is specified in the contract, to the place where the item was delivered to the buyer.

§ 2. If, due to the type of item or the manner 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 at the place where the item is located.

§ 3. The provisions of § 1 and 2 apply to the return of goods in the event of withdrawal from the contract and replacement of the goods with defect-free ones.

Art. 561 ^3. [Costs of replacement or repair]

Subject to Article 561 ¹ § 2 and 3, the costs of replacement or repair are borne by the seller. This includes in particular the costs of dismantling and delivering the item, labor, materials, and reassembly and commissioning.

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

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

Article 561 ^5. [Recognition of the request as justified]

If the buyer who is a consumer has requested the exchange of the item or removal of the defect or has made 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 considered justified.

Art. 562. [Items delivered in parts]

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

Art. 563. [Complaint deadlines]

§ 1. In the case of sales between entrepreneurs, the buyer loses the warranty rights if he has not examined the goods at the time and in the manner customary for such goods and has not immediately notified the seller of the defect, and in the event that the defect is discovered only later – if he has not notified the seller immediately after its discovery.

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

Art. 564. [Fraudulent concealment of a defect]

In the cases provided for in Article 563, the loss of rights under the warranty for physical defects of goods does not occur despite failure to observe the deadlines for inspecting the goods by the buyer or for notifying the seller of the defect, if the seller was aware of the defect or assured the buyer that there were no defects.

Art. 565. [Limited right of withdrawal]

If only some of the sold items are defective and can be separated from the defect-free items without any detriment to either party, 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 in the sold item, the buyer has submitted a declaration of withdrawal from the contract or a price reduction, they may demand compensation for the damage they suffered by entering into the contract without knowing of the defect, even if the damage resulted from circumstances for which the seller is not responsible. In particular, they may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing, and insuring the item, and reimbursement of expenses incurred to the extent that they did not benefit from these expenses. This does not prejudice the provisions on the obligation to compensate for damages under general principles.

§ 2. The provisions of § 1 shall apply accordingly in the event of delivery of a defect-free item instead of a defective item or removal of the defect by the seller.

Art. 567. [Return of goods at the seller's expense and risk]

§ 1. If the seller is in delay in collecting the goods, the buyer may return the goods at the seller's expense and risk.

§ 2. In the case of sales between businesses, the buyer is entitled, and if the seller's interests so require, is obligated, to sell the item with due diligence if there is a risk of deterioration. The buyer should notify the seller of the intention to sell if possible, and in any case, should send notice immediately after the sale. The buyer may also return the item to the seller at the seller's expense and risk.

Art. 568. [Liability under warranty]

§ 1. The seller is liable under warranty if a physical defect is discovered within two years, and in the case of defects in real estate, within 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. A claim for removal of a defect or replacement of a sold item with a defect-free item is subject to a limitation period of one year from the date the defect was discovered. If the buyer is a consumer, the limitation period cannot end before the expiry of the period specified in § 1.

§ 3. Within the time limits specified in § 2, the buyer may submit a declaration of withdrawal from the contract or a price reduction due to a defect in the sold item. If the buyer requested a replacement of the item with a defect-free item or removal of the defect, the time limit for submitting a declaration of withdrawal from the contract or a price reduction begins upon the ineffective expiry of the time limit for replacement or removal of the defect.

§ 4. If one of the warranty rights is asserted before a court or arbitration tribunal, the time limit for exercising other rights to which the buyer is entitled under this warranty shall be suspended until the proceedings are finally concluded.

§ 5. The provisions of § 4 shall apply accordingly to mediation proceedings, provided that 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 mediation.

§ 6. The expiry of the time limit 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 goods for use, warranty]

If the expiration date of an item specified by the seller or manufacturer expires after two years from the date of delivery of the item to the buyer, the seller is liable under the warranty for physical defects in the item discovered before the expiration of that period. The provisions of Article 568 § 6 shall apply.

Art. 573. [Third party claims]

A buyer against whom a third party is asserting a claim regarding the sold item is obligated to immediately notify the seller and request their participation in the proceedings. If the buyer fails to do so and the third party obtains a favorable ruling, the seller is released from liability under the warranty for legal defects to the extent that their participation in the proceedings was necessary to demonstrate that the third party's claims were wholly or partially unfounded.

Art. 574. [Obligation to compensate for damage] ^[

§ 1. If, due to a legal defect in the sold item, the buyer has submitted a declaration of withdrawal from the contract or a price reduction, they may demand compensation for the damage they suffered by concluding the contract without knowing of the defect, even if the damage resulted from circumstances for which the seller is not responsible. In particular, they may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring the item, reimbursement of expenses incurred to the extent to which they did not benefit from them and did not receive reimbursement from a third party, and reimbursement of legal costs. This does not prejudice the provisions on the obligation to redress damage under general principles.

§ 2. The provisions of § 1 shall apply accordingly in the event of delivery of a defect-free item instead of a defective item.

Art. 575. [Refund of price]

If, due to a legal defect in the sold item, the buyer is forced to hand over the item to a third party, the contractual exclusion of liability under 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 acquired the item at his own risk.

Art. 575 ^1. [Exemption from liability]

If the buyer has avoided the loss of the purchased item in whole or in part, or the effects of encumbering it in favour of a third party by paying a sum of money or providing another performance, the seller may release itself from liability under the warranty by returning to the buyer the sum paid or the value of the performance provided, together with interest and costs.

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

The provisions of Article 568 § 2-5 shall apply to the exercise of rights under the warranty for legal defects of the sold item, provided that the period referred to in Article 568 § 2 shall begin to run from the date on which the buyer learned of the existence of the defect, and if the buyer learned of the existence of the defect only as a result of a third party action – from the date on which the judgment issued in the dispute with the third party became final.

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