COMPLAINTS - HANDLING
In the case of contracts concluded with Consumers within the meaning of Article 221 of the Civil Code, the Seller shall be liable to the Consumer under the terms of Article 556 et seq. of the Civil Code for physical or legal defects (warranty).
The Seller shall be liable under the warranty if a physical defect is discovered before the expiry of two years from the time the item is handed over to the Consumer and, if the object of the sale is a used item, before the expiry of one year from the time the item is handed over to the Consumer.
The Consumer's claim for rectification of a defect or replacement of a sold item with a defect-free item shall be time-barred after one year from the date on which the defect was discovered, but not before two years from the time the item was handed over to the Consumer, and if the object of sale is a used item before one year from the time the item was handed over to the Consumer.
In the event that the shelf life of an item specified by the Seller or the manufacturer expires more than two years after the item was handed over to the Consumer, the Seller shall be liable under warranty for any physical defects of the item found before the expiry of this period.
A physical defect consists in the non-conformity of the sold thing with the Contract. In particular, the sold thing is not in conformity with the Contract if:
- does not have the qualities that a thing of that type should have, in view of the purpose specified in the contract or resulting from the circumstances or intended use;
- does not have the qualities the Seller assured the Buyer of, including by presenting a sample or model;
- is unsuitable for the purpose which the Buyer communicated to the Seller at the conclusion of the Contract and the Seller has not raised an objection to such purpose;
- has been delivered to the purchaser incomplete
The public assurances of the manufacturer or his representative, of the person who places the thing on the market in the scope of his business activity and of the person who, by placing the thing sold in his name, trademark or other distinctive sign, presents himself as the manufacturer shall be deemed to be on a par with the assurances of the Seller.
The seller is relieved of the liability set out in point 5c only if:
- prove that he did not know these assurances or, judging reasonably, could not have known;
- demonstrates that the assurances could not have influenced the consumer's decision;
- the content of the assurances was corrected prior to the conclusion of the Agreement with the Seller.
The sold item also has a physical defect if it has not been properly assembled and started up, if these actions have been performed by the Seller or a third party for which the Seller is responsible or by the Purchaser who has followed the instructions received from the Seller.
In the case of an Agreement with a Consumer, if a physical defect is discovered before the expiry of one year from the delivery of the item, the defect shall be deemed to have existed at the time when the danger passed to the Consumer. If a defect is found more than one year after delivery of the item, the burden of proving that the defect existed in the product at the time of purchase shall lie with the Consumer.
The consumer, if the sold thing has a defect, may:
- make a statement requesting a price reduction;
- make a declaration of withdrawal from the Agreement;
- request a replacement with a defect-free product;
- require rectification of the defect
The consumer, may not withdraw from the Contract if the defect is insignificant.
The Consumer who exercises warranty rights is obliged, at the Seller's expense, to deliver the defective thing to the Complaint Address, and if, due to the nature of the thing or the way it is installed, delivery of the thing by the Consumer would be excessively difficult, the Consumer is obliged to make the thing available to the Seller at the place where the thing is located. If the Seller fails to fulfil this obligation, the Consumer is entitled to send the thing back at the Seller's expense and risk.
The seller asks that, in order to facilitate the complaint process, a description of the non-conformity of the goods with the contract be included.
The Seller shall respond to the Consumer's request within 30 (thirty) days.
Otherwise, the Seller shall be deemed to have accepted the Consumer's statement or request as justified.
The Seller, in the case of the Consumer's request set out in para. 10 a or b, he may replace the defective item with a defect-free one or remove the defect, provided that this will be done immediately and without undue inconvenience for the Consumer.
If, however, the item has already been replaced or repaired by the Seller, or the Seller has failed to comply with his obligation to replace the item with a defect-free item or to remove the defect, he shall not be entitled to replace the item or remove the defect.
The Consumer may, instead of rectification of the defect proposed by the Seller, demand the replacement of the item with a defect-free item or, instead of the replacement, demand rectification of the defect, unless bringing the item to conformity with the Agreement in a manner chosen by the Consumer is impossible or would require excessive costs in comparison with the manner proposed by the Seller, while assessing the excessive costs, the value of the defect-free item, type and significance of the defect found as well as paying attention to the inconvenience to which other manner of satisfying the claim would expose the Consumer.
The Seller may refuse to satisfy the Consumer's request if bringing the defective item into conformity with the Contract in the manner chosen by the Consumer is impossible or, in comparison with the other possible manner of bringing the item into conformity with the Contract, requires unreasonable costs.
In the event of a price reduction, the reduced price shall be in such proportion to the contract price as the value of the thing with the defect remains to the value of the thing without the defect.
The Seller is obliged to replace the defective item with a defect-free one or to remove the defect within a reasonable time without undue inconvenience for the Consumer.
If the defective item has been installed, the Consumer may request the Seller to disassemble and reassemble it after the defect has been replaced or removed. If the Seller fails to perform ego obligation, the Consumer is entitled to perform these actions at the expense and risk of the Seller.
The seller may refuse disassembly and reassembly if the cost of these operations exceeds the price of the sold item.
The consumer, in the case described above, may request the Seller to disassemble and reassemble the item, however, he/she shall be obliged to bear a part of the costs connected therewith in a value exceeding the price of the sold thing or he/she may request the Seller to pay a part of the costs of disassembly and reassembly, up to the amount of the price of the sold thing.
For contracts concluded with customers who are not consumers
within the meaning of Article 221 of the Civil Code, on the basis of Article 558 § 1 of the Civil Code, the Seller's liability under warranty is excluded.
In accordance with the deadlines set out in points 2, 3 and 4 of this section of the Terms and Conditions, the Consumer may make a declaration of withdrawal from the Agreement or a price reduction due to a physical defect in the thing sold, and if the Consumer has requested that the thing be replaced with a defect-free one or that the defect be removed, the time limit for making a declaration of withdrawal from the Agreement or price reduction shall commence upon the ineffective expiry of the deadline for replacing the thing or removing the defect.
If one of the rights under the warranty is asserted before a court, an arbitration court, the time limit for the exercise of other rights under the Act to which the Consumer is entitled on this account shall be suspended until the final conclusion of the proceedings in this case. Accordingly, these rules also apply to mediation proceedings, whereby the time limit for the exercise of other rights under the warranty to which the Consumer is entitled starts 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 conducted.
The time limit for exercising warranty rights for legal defects in respect of the goods sold starts to run from the day on which the Consumer became aware of the existence of the defect, and if the Consumer only became aware of the existence of the defect as a result of an action by a third party, from the day on which the judgment or other decision of the authority issued in the dispute with the third party became final.
If, due to a defect in a sold item, the Consumer made a declaration on withdrawal from the Agreement or reduction of the price, he/she may demand compensation for the damage he/she incurred due to the fact that he/she entered into the Agreement without knowing about the existence of the defect, even if the damage was a result of circumstances for which the Seller would not be held responsible, and in particular he/she may demand reimbursement of the costs of entering into the Agreement, the costs of collection, handling, storage and insurance of the item, reimbursement of the expenses incurred to the extent to which he/she benefited from them and was not reimbursed by a third party and the costs of the process.
The foregoing is without prejudice to the generally applicable provisions on the duty to compensate for damage under the general rules.
In the event of concealment of a defect by the seller, the expiry of the deadline does not exclude warranty rights.
The customer has the right to return the intact product within 14 days of receipt. In the event of a return, the amount of the refund will be reduced by the shipping costs already incurred by the shop. Please shop thoughtfully and return the products in unaltered condition so that they can be re-sold. To make a return, please contact our customer service for further instructions.
GOODS THAT HAVE BEEN MADE DIRECTLY TO THE CUSTOMER'S ORDER ARE NON-RETURNABLE, THIS IS THE CASE IF A LARGER QUANTITY IS ORDERED THAN THE SHOP PROVIDES FOR OR IF THE PRODUCT IS PERSONALISED TO THE CUSTOMER'S REQUIREMENTS.
The address for complaints is:
SECURED SP. Z O.O.
SKŁADOWA 59, 08-110 SIEDLCE
