Copy of Reklamacje eng
COMPLAINT ABOUT A PRODUCT BY A CONSUMER BASED ON THE ACT
| BASIS FOR COMPLAINT | under warranty |
| DATE OF CONCLUSION OF THE SALES AGREEMENT | applies to Sales Agreements concluded from 25 December 2014 |
| LEGAL BASIS | the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) and other generally applicable legal provisions |
| BASIC PREREQUISITES FOR THE SELLER'S LIABILITY | The Seller is liable to the Customer if the sold Product has a physical or legal defect (warranty). physical defect The Seller is liable under the 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 the same time. A physical defect consists in the non-conformity of the sold Product with the Sales Agreement. In particular, the sold Product is non-conforming with the Sales Agreement if: it does not have the properties that a Product of this type should have due to the purpose specified in the Sales Agreement or resulting from the circumstances or intended use; it does not have the properties of which the Seller assured the Customer, including by presenting a sample or model; it is not suitable for the purpose of which the Customer informed the Seller when concluding the Sales Agreement, and the Seller did not raise any objection to such intended use; it was delivered to the Customer in an incomplete state. If the Customer is a consumer, the public assurances of the manufacturer or its representative, the person who introduces the Product into circulation within the scope of their business activity, and the person who, by placing their name, trademark or other distinguishing mark on the sold Product, presents themselves as the manufacturer are treated as equal to the Seller's assurance. The sold Product also has a physical defect in the event of its improper installation and start-up, if these activities were performed by the Seller or a third party for whom the Seller is responsible, or by the Customer who followed the instructions received from the Seller. legal defect The Seller is liable to the Customer if the sold Product is the property of a third party or if it is encumbered with the right of a third party, and also if the restriction on the use or disposal of the Product results from a decision or ruling of the competent authority; in the event of the sale of the right, the seller is also liable for the existence of the right release of the Seller from liability The Seller is released from liability under the warranty if the Customer knew about the defect at the time of conclusion of the Sales Agreement. When the subject of the Sales Agreement are Products designated only as to their type or Products that are to be created in the future, the Seller is released from liability under warranty if the Customer knew about the defect at the time of delivery of the item. This provision does not apply when the Customer is a consumer. The Seller is not liable to the Customer who is a consumer for the fact that the sold Product does not have the properties resulting from the public assurances referred to above, if he was not aware of these assurances or, judging reasonably, could not have been aware of them or they could not have influenced the Customer's decision to conclude the Sales Agreement, or if their content was corrected before the conclusion of the Sales Agreement. |
| BASIC CONSUMER RIGHTS | These rights are generally of an equal nature, which means that the Customer can immediately use both the first and second group of rights: 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 Agreement, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective Product with a defect-free one or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Product with a defect-free one or remove the defect. The reduced price should remain in such proportion to the price resulting from the Sales Agreement in which the value of the Product with the defect remains to the value of the Product without the defect. The Customer may not withdraw from the Sales Agreement if the defect is insignificant. If the Customer is a consumer, instead of the removal of the defect proposed by the Seller in accordance with the provisions above, they may request the replacement of the Product with a defect-free one or instead of the replacement of the Product, request the removal of the defect, unless bringing the Product into compliance with the Sales Agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of the Product free from defects, the type and significance of the identified defect are taken into account, as well as the inconvenience to which the Customer would be exposed by another method of satisfaction. If only some of the sold Products are defective and can be separated from the defect-free Products without damage to both parties, the Customer's right to withdraw from the agreement is limited to defective Products. Group: repair/replacement If the sold Product has a defect, the Customer may request the replacement of the Product with a defect-free one or the removal of the defect. The Seller is obliged to replace the defective Product with a defect-free one or remove the defect within a reasonable time without excessive inconvenience to the Customer. The Seller may refuse to satisfy the Customer's request if bringing the defective Product into compliance with the Sales Agreement in the manner chosen by the Customer is impossible or would require excessive costs in comparison with another possible manner of bringing the Product into compliance with the Sales Agreement. |
| IMPORTANT COMPLAINT DEADLINES | 1 year of presumption of existence of a defect at the time of delivery of the Product The Seller is liable under the warranty for physical defects that existed at the time of transfer of the risk to the Customer or resulted from a cause inherent in the sold Product at the same time. If the Customer is a consumer and the physical defect was found 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 of transfer of the risk to the Customer. 2 years of Seller's liability The Seller is liable under the warranty if the physical defect is found before the expiry of two years, and in the case of defects of real estate - before the expiry of five years from the date of delivery of the Product to the Customer. The provisions relating to physical defects shall apply to the exercise of warranty rights for legal defects of the sold Product, provided that the time limit for exercising warranty rights shall begin on the day on which 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 by a third party - from the day on which the judgment issued in the dispute with the third party became final. |
| PLACE AND MANNER OF LODGING A COMPLAINT |
A complaint may be filed by the Customer, for example: |
| DESCRIPTION OF COMPLAINT | It is recommended that the Customer provides the following information in the complaint description – this will facilitate and speed up the processing of the complaint by the Seller:
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| DELIVERY OF THE ADVERTISED PRODUCT | The Customer who exercises the rights under the warranty is obliged to deliver the defective Product to the following address: Św. Barbary 1, 00-869, Warsaw, Poland, in a secured cardboard packaging. In the event of a positive consideration of the complaint, the Seller will repair the damaged product or replace it with a new one, and if the repair or replacement is impossible (e.g. the product has been discontinued), the Seller will return the equivalent of the product to the Customer. The Seller may refuse to replace or repair the product if it is impossible to do so or would require excessive costs. In such a situation, the method of claim is determined individually with the Customer. Ecological leather and metal fittings of bags are materials sensitive to external factors. During the use of the product, abrasions, discoloration, scratches may appear, and metal elements (e.g. snap hooks, chain) may change the shade of the coating over time. These processes result from the use of the product and are natural and inevitable. If the complaint is rejected, the product will be sent back to the Customer together with information about the reason for rejecting the complaint (together with the product or electronically). |
| SELLER'S RESPONSE | The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. Failure by the Seller to respond within the above deadline means, in the case of a request for repair, replacement or price reduction, that the Seller has considered the complaint justified. |
| OUT-OF-COURT COMPLAINT AND CLAIM SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES | Detailed information on the possibility of using out-of-court complaint and claim settlement methods by a Customer who is a consumer, as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. At the President of the Office of Competition and Consumer Protection, there is also a contact point (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court resolution of consumer disputes. The consumer has the following examples of possibilities of using out-of-court complaint and claim settlement methods: (1) an application for resolution of a dispute to a permanent consumer arbitration court (more information on the website: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court resolution of the dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business of the Seller); and (3) assistance from the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, the Association of Polish Consumers). Advice is provided, among others, by e-mail at porad@dlakonsumentow.pl and by calling the consumer hotline at 801 440 220 (hotline open on Business Days, from 8:00 to 18:00, connection fee according to the operator's tariff). At http://ec.europa.eu/consumers/odr there is a platform available for the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales contract or a service contract (more information on the platform's website or on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php). |
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