Complaints

PRODUCT COMPLAINTS BY THE CONSUMER BASED ON ACT

Complaint Basis

For the non-conformity of the goods with the warranty contract, the date of the conclusion of the Sales Contract refers to the Sales Contracts concluded
up to December 24, 2014 applies to Sales Contracts concluded
as of December 25, 2014.

Legal grounds

Act on special conditions for Consumer sales and on the amendment of the Civil Code of 27 July 2002 (Journal of Laws No. 141, item. 1176 with amendments) and other common law provisions of the Civil Code Act of 23 April 1964. (Journal of Laws No. 16, item. 93 with amendments) and other common law provisions.

The basic premise of Seller’s responsibility

The Seller shall be liable to the Customer if the product is not in conformity with the contract of sale at the time of the issue.

The complaints cannot regard stones, metal accessories.

Non-conformity of the goods with the contract

In the case of an individual reconciliation of the characteristics of a product, it shall be presumed to be in conformity with the Sales Contract if it corresponds to the description given by the Seller or has the characteristics of the sample or pattern shown to the Customer and if it is suitable for the purpose specified by the Customer when the Sales Contract is concluded unless the Seller has raised objections to such use of the product.
In cases not covered by the aforementioned examples, a product shall be presumed to be in conformity with the contract of sale if it is suitable for the purpose for which such a product is normally used and if its characteristics correspond to the characteristics of the product of that type. The same presumption shall be taken when a product corresponds to the expectations of a product of that type, based on public assurances made by the Seller, the manufacturer or his representative; in particular, account shall be taken off the assurances expressed in the product labeling or advertising relating to the characteristics of the product, including the time limit within which the product is to retain them.
The assurance of the manufacturer shall be treated equally as that of the person who places the product on the national market in the field of the activities of his undertaking and the person who claims to be the manufacturer by affixing his name, trademark, or other distinguishing marks on the product.

Release of the Seller from liability

The Seller shall not be liable for the non-compliance of the product with the Sales Contract when the Customer knew of that non-compliance or, judging reasonably, should have known.
The Seller shall not be bound by the assurance referred to in Article. 4, if he has demonstrated that he did not know this assurance and, judging reasonably, he could not have known either that it could not have influenced the buyer’s decision to conclude the contract or that its contents were corrected prior to the conclusion of the contract. The Seller is liable to the Customer if the product sold 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 danger was passed on to the Customer or resulted from a cause inherent in the product sold at the same time.
A physical defect is the non-compliance of the product sold with the Sales Contract. In particular, the product sold is incompatible with the Sales Contract if:
there are no properties that a product of this kind should have in view of the purpose in the Sales Contract marked or resulting from circumstances or purpose;
there are no properties that the Seller has assured the Customer to exist, including the presentation of a sample or pattern;
it is not suitable for the purpose of which the Customer informed the Seller immediately after receiving the order, i.e. at the conclusion of the contract of sale, and the Seller did not object to such purpose.;
was delivered to the Customer incomplete.
If the Customer is a Consumer, the public assurances of the manufacturer or his representative, the person who places the product on the market in the scope of his business activities and the person who presents himself as the manufacturer by affixing his name, trademark or other distinguishing marks on the sold product shall be treated as equal to the assurance of the Seller.
The sold product also has a physical defect in the case of incorrect installation and launch of the product, if these actions were carried out by the Seller or by a third party for which the Seller is responsible, or by the Customer who followed the instructions received from the Seller.

Legal flaw

The Seller shall be liable to the Customer if the product sold is the property of a third party or if it is subject to the right of a third party and if the restriction on the use or disposal of the product is due to a decision or decision of the competent authority; in the case of the sale of the right, the Seller shall also be responsible for the existence of the right

Release of the Seller from liability

The Seller is exempted from warranty liability if the Customer was aware of the defect at the time of the contract of sale.
When the subject of a Sales Contract are products labeled only as to the type of products to be produced in the future, the Seller is exempt from warranty liability if the Customer was aware of the defect at the time of the issue of the item. This provision does not apply when the Customer is the Consumer.
The Seller shall not be liable to the Customer who is a Consumer for the fact that the product sold does not have the characteristics of the public assurances referred to above, if he did not know these assurances or, judging reasonably, could not have known them, or if they could not have influenced the Customer’s decision to conclude a Sales Contract, or if their content was corrected before the conclusion of the Sales Contract.
These allowances are in principle equivalent, meaning that the Customer has the option to use both the first and second sets of allowances at once:

1) Group: price reduction/money return

If the product sold has a defect, the Customer may apply for a price reduction or withdrawal from the Sales Contract, unless the Seller immediately and without undue inconvenience to the Customer exchange the defective product for a defect-free product or removes the defect. This restriction shall not apply if the product has already been replaced or repaired by the Seller or the Seller has failed to satisfy the obligation to replace the product with a defect-free product or to remove the defect. The reduced price should remain in proportion to the price resulting from the sale contract in which the value of the product with the defect corresponds to the value of the product without the defect. The Customer may not withdraw from the sale contract if the defect is negligible.
If the Customer is a Consumer, he may instead request the product to be replaced with a defect-free product instead of replacing the product, unless it is impossible to bring the product into conformity with the Sales Contract in the manner chosen by the Customer or would require excessive costs compared to the way proposed by the Seller. The assessment of cost overcompensation shall take into account the value of the defect-free product, the nature and significance of the defect found, and the disadvantages to which the Customer would be exposed by other means of satisfaction.
If only some of the products sold are defective and can be separated from defective products without harm to both parties, the Customer’s right to withdraw from the contract shall be limited to defective products.

2) Group: repair/replacement

If the product sold has a defect, the Customer may request that the product be replaced with a defect-free product or that the defect be removed. The Seller is required to replace the defective product with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the Customer. The Seller may refuse to compensate the Customer if it is not possible to bring the defective product into conformity with the Sales Contract in the manner chosen by the Customer or would require excessive costs compared to the other possible way to bring it into conformity with the contract of sale.

Place and method of filing a complaint

A complaint can be made by a Customer, for example:
– in a written form sent to ul. Azaliowa 3 Bielawa / 55-093 Kiełczów;
– in electronic form via e-mail to exclusivvebutik@wp.pl;

Consumer complaint description

It is recommended that the Customer provides the following information in the complaint description – This will make it easier and faster for the Seller to process the complaint.:
1. information and circumstances concerning the object of the complaint, in particular, the nature and date of the non-conformity / defect;
2. a request for a way of bringing the product into conformity with the Sales Contract or a statement of a price reduction or withdrawal from the Sales Contract; and
3. contact details of the complainant.

The requirements set out above take the form of a recommendation only and do not affect the effectiveness of complaints made without the recommended description of complaints.

Delivering the product, which is the item of a complaint

The Customer, who exercises the warranty rights, is required at the Seller’s expense to deliver the defective product to the address: ul. Azaliowa 3 Bielawa, 55-093 Kiełczów. If due to the type of product or the way it is installed, it would be excessively difficult for the Customer to deliver the product, the Customer is required to make the product available to the Seller at the place where the product is located.

Seller’s response

The Seller shall respond to the Customer’s complaint without delay, no later than 14 calendar days from the date of its submission. The Seller’s failure to respond within the above deadline means that the Seller considered the complaint to be justified.

Out-of-court means of dealing with complaints and redress and rules for access to these procedures

Detailed information on the possibility for the Consumer Customer to benefit from out-of-court means of handling complaints and redress and the rules of access to these procedures are available at the premises and on the websites of the district (city) Consumer advocates, social organizations whose statutory tasks include Consumer protection, provincial commercial inspection inspectorates and at the following internet addresses of the Office of Competition and Consumer Protection:
Consumer Disputes ;
Personal issues ;
Important addresses.
The Consumer has the following options for using the out-of-court means of dealing with complaints and redress:
The Customer shall be entitled to refer to the permanent Consumer arbitration court referred to in the article. 37 of the Trade Inspection Act of 15 December 2000 (Journal of Laws 2001 No 4 item 25 with amendments), with a request for the settlement of a dispute arising out of the concluded Sales Agreement. The rules of organization and operation of permanent Consumer courts are defined by the Regulation of the Minister of Justice of 25 September 2001. laying down the rules of procedure for the organization and operation of permanent Consumer arbitrators. (Journal of Laws 2001, No. 113, item. 1214).
The Customer shall be entitled to refer to the provincial inspector of commercial inspection, in accordance with the article. 37 of the Trade Inspection Act of 15 December 2000 (Journal of Laws 2001 No 4 item 25, with amendments), with a request to initiate mediation proceedings for an amicable end to the dispute between the Customer and the Seller. Information on the rules and procedures of the mediation procedure conducted by the provincial trade inspection inspector is available at the premises and on the websites of the various provincial trade inspection inspectorates.
The Customer can obtain free assistance to resolve the dispute between the Customer and the Seller, also using the free assistance of the district (municipal) Consumer advocate or a social organization whose statutory tasks include Consumer protection (i.a. Consumer Federation, Association of Polish Consumers). The advice is provided by the Consumer Federation at the free Consumer helpline number 800 007 707 and by the Polish Consumer Association at the following email address:
porady@dlakonsumentow.pl.

Complaint form
A complaint under a warranty

* This form is only an example and does not affect the effectiveness of any other complaint.