Processing product complaint
The following information is a brief description of the most important conditions related to processing a product reported by a consumer Customer (non-entrepreneur). The full content describing this subject can be found in chapter §10 PRODUCT COMPLAINT of the store's Terms and conditions.
1. The store is liable to the Customer for physical and legal defects of the product sold (warranty), in accordance with the provisions of the Polish Civil Code.
2. A physical defect consists in the nonconfomance of the product sold with the sales agreement. The product sold is not in accordance with the agreement, in particular if:
- It does not have the properties that a product of this type should have
- Does not have properties that the customer has been provided by the store or advertising
- It is not suitable for the purpose of which the Customer informed the store at the conclusion of the sales agreement, and the store did not raise any objections to the intended use of the product
- Was delivered to the Customer incomplete
3. A legal defect exists if the product sold:
- Is the property of a third party
- Is encumbered with the rights of a third party
- Has restrictions on the use or disposal of the product as a result of a decision or ruling of a competent authority.
4. If the product delivered by the store has a defect, the Customer may, by submitting a complaint under the warranty, request:
- Product repair
- Reducing the price of the product
- Product replacement with a new product free from defects
- Withdraw from the sales agreement if the product defect is significant.
5. The choice of request depends on the Customer, but if the store does not agree with this choice, it may propose a different solution, taking into account the following circumstances:
- The ease and speed of replacing or repairing the product
- The nature of the defect - significant or irrelevant
- Whether the product was previously a subject of complaint.
6. If the Customer requests a product replacement or repair, the store may refuse to comply with this request, provided that the request indicated by the Customer:
- Would be impossible for the store to implement, e.g. due to the cessation of the production of certain spare parts or the entire product,
- Compared to the second of the possible requests, it would require the store to incur excessive and unreasonable costs, e.g. a request to replace the entire device with new ones, if the defect concerns one element of low value.
7. By refusing the Customer's requirements set out in point 6 above, the store may suggest a different solution. Regardless of this, in this situation the Customer may change his choice and request that the product be brought into compliance with the sales agreement in another way. Therefore, if e.g. the shop's refusal concerned the replacement of a product, the Customer may then request a repair. There can be also two other options chosen, i.e. lowering the price or withdrawing from the sales agreement.
8. In the event of replacing the product with a new one or removing the defect, the store is obliged to complete these obligations within a reasonable time and aiming at limiting excessive inconvenience to the Customer.
9. In the event of a significant character of the defect, if the Customer's request is to withdraw from the product sales agreement, the store may offer the Customer immediate replacement or repair, which is not associated with excessive inconvenience to the Customer. Then the store will inform the Customer who still has the right to change the store's offer, e.g. from the exchange option for repair or inversely, taking into account the above point 6.
10. The store is liable to the Customer for the product sold, if the defect is found within 2 years of its receipt by the Customer.
11. The store is released from liability under the warranty if the Customer knew about the defect at the time of placing the order, e.g. the product was sold at a reduced price due to a specific defect. Such defect is not subject to Complaint.
12. A complaint may be reported by the Customer in one of the following forms:
- Using the contact form on the store's website (preferred method of contact)
- By e-mail sent from the Customer's mailbox to the store's address: ... (preferred method of contact)
- By traditional registered letter to the address of the store : ...
- By phone ..., on the days and hours specified in point 7 of chapter §2 of the store's Terms and conditions.
13. In the complaint, the Customer is obliged to:
- Provide product name and its identification number (if the product has a specific number)
- Describe the observed defect
- Specify requests related to the warranty
- Provide unambiguous information enabling the store's to identify the transaction under which the Customer received the defective product, e.g. name of the person who made the purchase, order ID, invoice number, date of placing the order, etc.
14. The Customer is obliged to report to the store a request under the warranty immediately after noticing the defect.
15. Evaluation of the complaint should be understood as the possibility of getting the Customer acquainted with the store's standpoint.
16. If the complaint request submitted by the Customer concerns:
- Product repair
- Product exchange for a new one
- Lowering the price of the product
then the store is obliged to process the complaint within 14 calendar days from the date of its submission.
17. The Customer acknowledges that, depending on the nature of the defect, it may be necessary for the store to deliver the product to its manufacturer in order to perform the analysis, which may affect the time limit for processing the complaint.
18. When making a purchase in the store, the Customer acknowledges that efficient processing of a complaint requires reliable and timely cooperation between the Customer and the store in order to determine and forward to the store all relevant information regarding the identified product defect. The Customer is obliged to follow this conditio.
19. If the Customer's complaint is justified, the store undertakes to replace the defective product with a product free of defects or to remove the defect within 14 days from the date of confirmation of the legitimacy of reporting the complaint by the Customer.
20. The Customer reporting complaint is required to provide a defective product at the store's expense to the store's location: ..., or other address provided to the Customer by the store. If, due to the type of product or the way it is installed, delivering it to the store will be excessively difficult, the Customer is obliged to make the product available to the store in the place where it is located.
21. In the event of successful withdrawal from the sales agreement as a result of a complaint, the store undertakes to return the payment within 14 days from the date of receipt of the withdrawal from the agreemnt, provided that the payment is returned after the product is received by the store or the Customer provides proof of sending it back. The Customer exercising the rights arising from the warranty at the expense of the store, is obliged to deliver the defective product to the address of the store: ....
22. The Customer is obliged to use the purchased product in accordance with its intended purpose, manufacturer's manual for use (if attached), with instructions on the product page in the store, on the packaging or information leaflets, as well as in accordance with the generally accepted use of the product. The store is not responsible for the consequences of using the purchased products in a manner inconsistent with these provisions, or for the consequences of failure to comply with these provisions and warnings.
Sincerely,
The Land of Luxury.
