- The basis and the extent of the Seller’s liability towards the Customer, if a Product sold has a physical or legal defect (warranty) are specified in the generally applicable legislation, in particular in the Civil Code (including art. 556-576 of the Civil Code).
- The Seller is liable towards the Customer if a sold good has a physical or legal defect.
- The Seller is obligated to deliver to the customer a product that is new and free from defects.
- The Seller shall not be liable for mechanical damages or those arising from inappropriate use of the product or from natural wear.
- Individual settings of the Customer’s computer and monitor resulting in incorrect or distorted display of information on the goods (i.e. colors), shall not constitute grounds for a complaint.
- In the event that a product has a defect, the customer may request:
- lowering of the price or withdrawal from the contract, unless the seller, promptly and without excessive inconveniences to the customer, replaces the defective product with one free from defects or removes the defects.
This limitation does not apply if the product has already been replaced or repaired by the Seller or the Seller hasn’t fulfilled the obligation to replace the product with one free from defects or remove the defects. The Customer may request, instead of the removal of defects offered by the Seller, a replacement of the product with one free from defects or, instead of replacing the product, request a removal of defects, unless making the product compliant with the contract in the way chosen by the Customer is impossible or would require excessive costs compared to the method suggested by the Seller. When evaluating excessive costs, the value of a product free from defects, type and significance of the defect found are taken into account, as well as the inconveniences that other type of solution would expose the Customer to.
- replacement of the defective product with one free from defects or removal of defects. The Seller is obligated to replace the defective product with one free from defects or remove the defect within a reasonable time frame without excessive inconveniences to the Customer.
The Seller may refuse to satisfy the Customer’s request if making the defective product compliant with the sales contract in a way chosen by the Customer is impossible or, compared with the second possible way of ensuring compliance with the sales contract, it would require excessive costs. The costs of repair or replacement are to be incurred by the Seller.
- In order to have their complaint looked into, the Consumer or Entrepreneur with Consumer rights shall send the Seller the product with attached bill of sale and complaint form to the Seller’s address.
- The Customer is entitled to warranty related claims if the product’s physical defect has been found within two years from the day of issuing the product.
- Only Consumers and Entrepreneurs with Consumer rights are entitled to a warranty.
- Warranty related rights for defects do not apply in case of a contract entered into between the Seller and an Entrepreneur who does not have Consumer rights.
- The Seller shall immediately, no later than within 14 days from the day of filing a complaint, respond to the request of a Consumer or an Entrepreneur with Consumer rights.
Withdrawal from a contract
- A Customer who is a Consumer or an Entrepreneur with Consumer rights has the right to withdraw from a sales contract.
- Returned goods should be intact, which includes being complete, in the original packaging, not having any signs of use.
- The Customer has the right to withdraw from a sales contract without giving a reason within 14 days by submitting a declaration via e-mail or at the Seller’s address.
- The declaration can be submitted using a contract withdrawal form ( hyperlink)
- A deadline is considered met as long as the declaration is sent before its end.
- The time frame for withdrawing from a contract starts:
- for a contract that performance of which includes the entrepreneur issuing the product while being obligated to transfer its ownership – from the consumer or a third party other than the carrier specified by them coming into possession of the product, and in case of a contract that:
– covers multiple products that are delivered separately, in batches or in parts – from coming into possession of the last product, batch or part,
– consists of regular delivery of products for a specified time – from coming into possession of the first of the products;
- for other contracts – from the day of entering into the contract.
- The Entrepreneur is obligated to promptly send the Consumer or Entrepreneur with consumer Rights a confirmation of receiving a declaration of withdrawing from a contract. If the Consumer or Entrepreneur with Consumer rights uses an e-mail address, the confirmation shall be sent to the e-mail address.
- In case of withdrawing from a contract entered into remotely or a contract entered into outside the company’s office, the contract is considered void.
- The Seller is obligated to promptly, no later than within 14 days from the day of receiving a declaration of withdrawing from the contract by a Consumer or an Entrepreneur with Consumer rights, return all the payments received from them, including the costs of delivery.
- If the Consumer or Entrepreneur with Consumer rights has chosen a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obligated to return the additional expenses incurred by them.
- The cost of return delivery is to be covered by the Consumer or Entrepreneur with Consumer rights. The Customer is obligated to properly secure the goods for the duration of the return shipment.
- The Consumer or Entrepreneur with Consumer rights is obligated to return goods to the Seller or hand them over to a person authorized to collect by the Seller promptly, but no later than within 14 days from the day of withdrawing from the contract, unless the Seller has offered to collect the goods in person. The deadline is considered met as long as the goods are sent before its end.
- A Customer who is a Consumer or an Entrepreneur with Consumer rights is liable for reduced value of goods arising from using them in a way that exceeds what is necessary to determine the nature, qualities and functioning of the goods.
- The consumer does not have the right to withdraw from a contract in situations listed in art. 38 item 1 – 13 of the consumer rights act, which in particular means a contract:
- for providing services, if the entrepreneur has performed a complete service upon clear permission from the consumer, who has been informed before the beginning of provision that upon the entrepreneur completing the provision they will lose the right to withdraw from the contract;
- in which the price or remuneration depends on the fluctuations on the financial market, which the entrepreneur has no control over, and which may occur before the deadline for withdrawing from the contract;
- in which the subject of delivery is a non-prefabricated product, manufactured according to the consumer’s specifications or intended to satisfy their individual needs;
- in which the subject of delivery is a product that expires quickly or has a short shelf life;
- in which the subject of delivery is a product delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygienic reasons, if the packaging has been opened after delivery;
- in which the subject of delivery are products that, upon delivery, become inseparably connected with other products due to their nature;
- in which the subject of delivery are alcoholic drinks, the price of which was determined while entering into the sales contract, and the delivery of which may only take place after 30 days, and the value of which depends on the market fluctuations, which the entrepreneur has no control over;
- in which the consumer clearly requested the entrepreneur to visit them in order to perform an urgent repair or maintenance; if the entrepreneur additionally offers other services besides the ones requested by the consumer, or they deliver other products besides replacement parts required to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to the additional services or products;
- in which the subject of delivery are audio or video recordings or computer software delivered in a sealed packaging, if the packaging has been opened after delivery;
- for delivery of newspapers, periodicals or magazines, with exception of a subscription contract;
- entered into by way of a public auction;
- for providing services in the area of accommodation, other than for residential purposes, transport of goods, car rental, gastronomy, leisure related services, entertainment, sport or cultural events, if the contract specifies the day or period of providing the service;
- for providing digital contents that are not stored on physical medium, if they have started being provided upon clear permission from the consumer before the deadline for withdrawing from the contract and after the consumer being informed by the entrepreneur about losing the right to withdraw from the contract.
The provisions related to the Consumer included in par. 14 apply to a natural person entering into a contract directly related to their business operation, if the content of the contract indicates that it is of no professional nature for that person, arising in particular from the subject of the business operation run by them, made available based on the provisions on the Central Business Operation Register.