Customer complaint of goods

COMPLAINT OF THE PRODUCT BY THE CONSUMER ON THE BASIS OF THE ACT

BASIS FOR COMPLAINTS:
for non-compliance of the goods with the contract
DATE OF CONCLUSION OF THE SALES CONTRACT:
applies to concluded Sales Agreements until December 24, 2014
LEGAL BASIS:
Act on special conditions of consumer sales and amending the Civil Code of 27 July 2002 (Journal of Laws No. 141, item 1176, as amended) and other generally applicable provisions of law.
BASIC PREMISES OF THE SELLER'S LIABILITY:
The Seller is liable to the Customer if the Product at the time of its release is inconsistent with the Sales Agreement.

non-compliance of the goods with the contract

In the case of individual agreement of the properties of the Product, it is presumed that it complies with the Sales Agreement if it corresponds to the description provided by the Seller or has the characteristics of a sample or pattern presented to the Customer, and also if it is suitable for the purpose specified by the Customer at the conclusion of the Sales Agreement, unless the Seller has raised objections as to such use of the Product. In cases not covered by the above cases, it is presumed that the Product complies with the Sales Agreement if it is suitable for the purpose for which this type of Product is usually used, and if its properties correspond to the properties of this type of Product. The same presumption is assumed when the Product meets the expectations regarding the Product of this type, based on public statements of the Seller, the manufacturer or his representative; in particular, the assurances expressed in the Product labeling or advertising, referring to the properties of the Product, including the date on which the Product is to keep them, are taken into account.
The assurance provided by the manufacturer is equal to the assurance of the person who places the Product on the domestic market in the scope of his company's activity, and the person who claims to be the manufacturer by placing his name, trademark or other distinguishing sign on the Product.
The Product's non-compliance with the Sales Agreement is also considered to be incorrect installation and commissioning, if these activities were performed under the Sales Agreement by the Seller or by the person for whom he is responsible, or by the Customer in accordance with the instructions received during the sale.

release of the Seller from liability

The Seller is not responsible for the non-compliance of the Product with the Sales Agreement, if the Customer knew about this non-compliance or, judging reasonably, should have known.
The seller is not bound by the provision referred to in art. 4, if he showed that he did not know it or, judging reasonably, he could not know or that it could not affect the buyer's decision to conclude the contract, or that its content was corrected before the contract was concluded.
BASIC RIGHTS OF THE CONSUMER:
These rights are generally of a nature two-step, which means that the customer has the option to move to the second stage of rights only after exhausting the rights from the first stage:

1) Stage: repair / replacement

If the Product is inconsistent with the Sales Agreement, the Customer may request that it be brought into compliance with the Sales Agreement by free repair or replacement with a new one, unless repair or replacement is impossible or requires excessive costs. When assessing the excess of costs, the value of the Product in accordance with the Sales Agreement and the type and degree of non-compliance are taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.

2) Stage: price reduction / refund

If the Customer, for the reasons set out above, cannot request repair or replacement, or if the Seller fails to meet such a request in a timely manner or if the repair or replacement would expose the Customer to significant inconvenience, he has the right to demand an appropriate price reduction or withdraw from the Sales Agreement. . The Customer may not withdraw from the Sales Agreement if the Product's non-compliance with the Sales Agreement is irrelevant. When determining the appropriate repair or replacement time, the type of the Product and the purpose of its purchase are taken into account.
IMPORTANT COMPLAINT TERMS:
2 months to notify the Seller about the non-compliance

The Buyer loses his rights if he does not notify the Seller about the non-compliance of the Product with the Sales Agreement within two months of finding the Product non-compliant. To meet the deadline, it is enough to send a notice before its expiry.

6 months of presumption of non-compliance at the time of release of the Product

The Seller is liable to the Customer if the Product at the time of its release is inconsistent with the Sales Agreement; in the case of non-compliance within six months from the release of the Product, it is presumed that it existed at the time of release.

2 years of the Seller's liability

The Seller is responsible for the Product's non-compliance with the Sales Agreement only if it is found within two years of the Product being delivered to the Customer; this period shall run anew in the event of replacement of the Product.
 

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BASIS FOR COMPLAINTS:
under the warranty
DATE OF CONCLUSION OF THE SALES CONTRACT:
applies to Sales Agreements concluded from December 25, 2014
LEGAL BASIS:
the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) and other generally applicable provisions of law
BASIC PREMISES OF THE SELLER'S LIABILITY:
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 passed on to the Customer or resulted from a cause inherent in the Product sold at the same time. A physical defect consists in the non-compliance of the sold Product with the Sales Agreement. In particular, the Product sold is inconsistent with the Sales Agreement if:

1. does not have properties that this type of product should have due to the purpose in the Sales Agreement marked or resulting from circumstances or destination;
2. does not have properties that the Seller has provided to the Customer, including by presenting a sample or pattern;
3. it is not suitable for the purpose of which the Customer informed the Seller at the conclusion of the Sales Agreement, and the Seller did not raise any objections as to such purpose;
4. was delivered to the Client 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 activity, and the person who by placing his name, trademark or other distinguishing sign on the sold Product are treated equally with the Seller's assurance. presents himself as the producer.
The sold Product has a physical defect also in the event of improper installation and commissioning, if these activities were performed by the Seller or a third party for which 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 Product sold is owned by a third party or if it is encumbered with the right of a third party, and if the restriction in the use or disposal of the Product results from a decision or ruling of a competent authority; when a right is sold, the seller is also responsible 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 concluding the Sales Agreement.
When the subject of the Sales Agreement are Products marked only as to the species or Products to be made in the future, the Seller is released from liability under the 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 responsible to the Customer who is a consumer for the fact that the Product sold does not have the properties resulting from the public assurances referred to above, if he did not know these assurances or, judging reasonably, could not know or could not affect the Customer's decision about conclusion of the Sales Agreement, or when their content was corrected before the conclusion of the Sales Agreement.
BASIC RIGHTS OF THE CONSUMER:
These rights are generally of a nature equivalent, which means that the customer can use both the first and the second group of rights:

1) Group: price reduction / money back

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 undue 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 satisfied the obligation to replace the Product with a Product free from defects or to 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 a defect. The Customer may not withdraw from the Sales Agreement if the defect is irrelevant.
⇒ If the Customer is a consumer, he may, instead of the removal of the defect proposed by the Seller in accordance with the provisions above, demand that the Product be replaced with a product free from defects, or instead of replacing the Product, demand that the defect be removed, unless it is impossible to bring the Product into compliance with the Sales Agreement in a manner chosen by the Customer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Product free from defects, the type and significance of the defect is taken into account, as well as the inconvenience to which the Customer would otherwise be exposed. If only some of the Products sold are defective and can be detached from the Products free from defects, without harm to both parties, the Customer's right to withdraw from the contract is limited to defective Products.

2) Group: repair / replacement

If the sold Product has a defect, the Customer may request the replacement of the Product with a Product free from defects or removal of the defect. The Seller is obliged to replace the defective Product with one free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer. The Seller may refuse to satisfy the Customer's request if it is impossible to bring the defective Product into compliance with the Sales Agreement in the manner chosen by the Customer or would require excessive costs compared to the second possible method of compliance with the Sales Agreement.
IMPORTANT COMPLAINT TERMS:
1 year of presumption of a defect at the time of the release of the Product

The Seller is liable under the warranty for physical defects that existed at the time the danger was transferred to the Customer or resulted from a cause inherent in the Product sold at the same time. If the Customer is a consumer and the physical defect has been found within one year from the date of delivery of the sold Product, it is presumed that the defect or its cause existed at the time the risk passed to the Customer.

2 years of the Seller's liability

The Seller is liable under the warranty if a physical defect is found before the expiry of two years, and when it comes to real estate defects - within five years from the date of delivery of the Product to the Customer. To exercise the rights under the warranty for legal defects of the sold Product, the provisions on physical defect apply, except that the time limit for exercising the rights under the warranty starts from the day on which the Customer learned about the existence of the defect, and if the Customer learned about the existence of defects only as a result of an action of a third party - from the date on which the judgment issued in a dispute with a third party becomes final.
 

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PLACE AND METHOD OF LODGING A COMPLAINT:
The complaint may be submitted by the customer, for example:

• in writing to the following address: ul. Wojska Polskiego 31, 67-100 Nowa Sól;
• by phone at the following number: +48 513 862 500 ;
• in electronic form via e-mail to the following address: reklamacje@biokur.pl;
• in electronic form via the contact form on the Online Store website in the tab „contact”.
• in electronic form via the complaint form available on the Online Store website under the Account in the tab „Write a complaint”.

COMPLAINT DESCRIPTION:
It is recommended that the Customer provide the following information in the description of the complaint - it will facilitate and speed up the consideration of the complaint by the Seller:

1. information and circumstances regarding the subject of the complaint, in particular the type and date of non-compliance / defect;
2. a request for a method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and
3. contact details of the person submitting the complaint.

The requirements set out above are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
DELIVERY OF THE ADVERTISED PRODUCT:
In the event that the Seller will be required to deliver the Product to the Seller to respond to the Customer's complaint or to exercise the Customer's rights resulting from the Product's non-compliance with the Sales Agreement / warranty, the Customer will be asked by the Seller to deliver the Product at the Seller's expense to the address ul. Wojska Polskiego 31, 67-100 Nowa Sól. If, however, due to the type of non-compliance / defect, the type of the Product or the method of its installation, the delivery of the Product by the Customer would be impossible or excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located..
The request to deliver the Product referred to above does not affect the time limit for the Seller's response to the Customer's complaint and does not infringe the Customer's rights – in the case of a complaint under the warranty – requests from the Seller to disassemble the defective Product and reinstall the Product after replacing it with a non-defective one or removing the defect about which referred to in Art. 561 [1] of the Civil Code
SELLER'S ANSWER:
The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. Failure to respond to the Seller within the above-mentioned period means that the Seller considered the complaint justified.
EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES:
Detailed information on the possibility for the Customer who is a consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection:

• http://www.uokik.gov.pl/spory_konsumenckie.php;
• http://www.uokik.gov.pl/sprawy_indywidualne.php and
• http://www.uokik.gov.pl/wazne_adresy.php.

The customer who is a consumer has, among others the following options for using out-of-court complaint and redress procedures:

• The customer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended), with a request to settle a dispute arising from the concluded Sales Agreement. The rules of organization and operation of permanent consumer courts of arbitration are specified in the ordinance of the Minister of Justice of 25 September 2001 on the rules of organization and operation of permanent consumer courts of arbitration. (Journal of Laws 2001, No. 113, item 1214).
• The customer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and procedure of the mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of individual Provincial Inspectorates of the Trade Inspection.
• The customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Polish Consumers Association at the email address : porady@dlakonsumentow.pl.

At the address http://ec.europa.eu/consumers/odr a platform for online dispute resolution between consumers and entrepreneurs at the EU level (ODR platform) is available. 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 regarding contractual obligations arising from an online sales speech or contract for the provision of services.