Complaints

PRODUCT COMPLAINT BY A CONSUMER UNDER THE ACT
GROUNDS FOR COMPLAINT under warranty
DATE OF CONCLUSION OF
SALES AGREEMENT		 applies to Sales Agreements concluded
since December 25, 2014
LEGAL BASIS Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and other generally applicable provisions of law
BASIC PREMISES OF SELLER'S LIABILITY The Seller shall be liable to the Customer if the sold Product has a physical or legal defect (warranty).
physical defect
The Seller shall be liable under the warranty for physical defects that existed at the time when the danger passed to the Customer or resulted from a cause inherent in the sold Product at the same time.
A physical defect consists in the incompatibility of the sold Product with the Sales Agreement. In particular, the sold Product is inconsistent with the Sales Agreement if:
1) it does not have properties, which a Product of this type should have due to the purpose specified in the Sales Agreement or resulting from the circumstances or purpose;
2) it does not have properties, the existence of which the Seller assured the Customer, including by presenting a sample or model;
3) it is not suitable for the purpose, about which the Customer informed the Seller at the conclusion of the Sales Agreement, and the Seller did not object to such purpose;
4) 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, a person who places the Product on the market within the scope of its business activity, and a person who, by placing its name, trademark or other distinctive sign on the sold Product, presents itself as the manufacturer, shall be treated equally to the Seller's assurances.
The sold Product has a physical defect also in the event of improper installation and start-up, if these activities have been 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, as well as if the restriction in the use or disposal of the Product results from a decision or ruling of a competent authority; in the case of a sale of the right, the Seller is also responsible for the existence of the right
exemption of the Seller from liability
The Seller is exempt 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 type or Products to be created in the future, the Seller is exempt from liability under the warranty if the Customer knew about the defect at the time of issuance 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 sold Product does not have the properties resulting from the public assurances referred to above, if these assurances did not know or, judging reasonably, could not know or could not have influenced the Customer's decision to conclude the Sales Agreement, or if their content has been corrected prior to the conclusion of the Sales Agreement.
BASIC CONSUMER RIGHTS These rights are, as a rule, equivalent in nature, which means that the Customer has the possibility to exercise both the first and the second group of rights at once:
1) Group: price reduction / refund
If the sold Product has a defect, the Customer may make a declaration to reduce the price or withdraw from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective Product with a defect-free one or removes the defect. This restriction does not apply if the Product has already been replaced or repaired by the Seller, or the Seller has failed to comply with 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 under the Sales Agreement, in which the value of the Product with a defect remains to the value of the Product without a defect. The Customer may not withdraw from the Sales Agreement if the defect is insignificant.
If the Customer is a consumer, he/she may, instead of the defect removal proposed by the Seller in accordance with the provisions above, demand replacement of the Product with a defect-free one or, instead of replacing the Product, demand removal of the defect, unless bringing the Product to conformity with the Sales Agreement in a manner selected by the Customer is impossible or would require excessive costs in comparison with the manner proposed by the Seller. When assessing the excessiveness of the costs, the value of the Product free from defects, the type and significance of the identified defect shall be taken into account, as well as the inconvenience to which the Customer would be exposed by another way of satisfaction.
If, among the sold Products, only some are defective and can be separated from the Products free from defects, without detriment to both parties, the Customer's right to withdraw from the agreement is limited to the defective Products.
2) Group: repair/replacement
If the sold Product has a defect, the Customer may request to replace the Product with a defect-free one or to remove 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 undue inconvenience for the Customer. The Seller may refuse to satisfy the Customer's request if bringing the Defective Product into conformity with the Sales Agreement in a manner chosen by the Customer is impossible or, in comparison with the other possible manner of bringing the Product into conformity with the Sales Agreement, would require excessive costs.
IMPORTANT COMPLAINT PERIODS 1 year presumption of existence of a defect at the time of issuance of the Product
The Seller is liable under the warranty for physical defects that existed at the time when the danger passed 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 discovered before the expiration of one year from the date of issue of the sold Product, it is presumed that the defect or its cause existed at the time of the passage of danger to the Customer.
2 years of Seller's liability
The Seller is liable under the warranty if the physical defect is discovered before the expiration of two years, and when it comes to defects in real estate - before the expiration of five years from the date of issue of the Product to the Customer. For the exercise of rights under the warranty for legal defects of the sold Product, the provisions relating to physical defects shall apply, except that the time limit for the exercise of rights under the warranty shall begin from the date 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 an action by a third party - from the date on which the judgment issued in the dispute with the third party became final.
PLACE AND MANNER OF FILING A COMPLAINT A complaint may be submitted by the Customer :
- in writing to the address: Ks. Brzóski 5 Street, 42-202 Częstochowa;
- in electronic form via e-mail to: ivel@ivel.pl;
DESCRIPTION OF THE COMPLAINT It is recommended that the Customer provide the following information in the description of the complaint - this will facilitate and accelerate the processing of the complaint by the Seller:
(1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the non-conformity/defect;
(2) a request for the method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and
(3) contact details of the complainant.
The requirements given above are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
DELIVERY OF THE ADVERTISED PRODUCT The Customer who exercises warranty rights is obliged to deliver the defective Product at the Seller's expense to the address: Ks. Brzóski 5 Street, 42-202 Częstochowa. If, due to the nature of the Product or the way it is installed, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged 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 immediately, no later than within 14 calendar days from the date of its submission. Failure of the Seller to respond within the aforementioned period means, in the case of a request for repair, replacement or price reduction, that the Seller has recognized the complaint as justified.
OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES Detailed information on the possibility for a Customer who is a consumer to use out-of-court ways of handling complaints and pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 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 out-of-court means of dealing with complaints and claims: (1) an application for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector with jurisdiction over the Seller's place of business); and (3) assistance from a county (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and at the consumer hotline number 801 440 220 (hotline open on Business Days, from 8:00 a.m. to 6:00 p.m., call charge according to the operator's tariff).
At http://ec.europa.eu/consumers/odr there is a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales contract or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection's website address: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).