§1 Warranty

(1) Delivery of Goods under the performance of the resulting warranty for defects shall be at the expense of the Seller.

(2) For claims for defect removal or replacement after January 1, 2023, the general statute of limitations for claims shall apply, i.e.: unless a special provision provides otherwise, the statute of limitations shall be six years, and for claims for periodic benefits and claims related to the conduct of business – three years. However, the end of the limitation period is the last day of the calendar year, unless the limitation period is less than two years.”

(3) The Seller shall be liable under the warranty if the defect is discovered before the expiration of two years from the date of delivery of the Goods to the Consumer. As of January 1, 2023, the minimum time for a claim of non-conformity of goods with the contract is 2 years. This time limit applies to all goods – new and used. The Seller is liable to the Consumer if the Consumer Goods at the time of issue were inconsistent with the contract, have physical, legal defects. The Seller shall be liable for the incompatibility of the Consumer Goods with the contract if it is found before the expiration of two years from the issuance of such Goods to the Buyer, and in the event of replacement of the Goods, the term runs anew. A physical defect consists in the non-conformity of the sold thing with the contract. In particular, the thing sold is not in conformity with the contract if:
a) does not have the properties that a thing of this kind should have due to the purpose specified in the contract or resulting from the circumstances or purpose;
b) does not have the properties of which the Seller assured the Buyer of the existence, including by presenting a sample or model;
c) is not suitable for the purpose about which the Buyer informed the Seller at the conclusion of the contract, and the Seller has not raised any objection to such purpose;
d) has been delivered to the Buyer in an incomplete condition.

(4) The presumption of nonconformity of goods with the contract is 2 years.

5. A report of defects in the Goods must be sent electronically to the Seller’s email address or in writing to the Seller’s mailing address: ul. Chełm Drezdenecki 7, Drezdenko 66-530. If the consumer has difficulty and does not know how to draft a notice of defects in the Goods, the notice may be submitted, for example, using the form attached as Appendix 2 to these Terms and Conditions; this is intended solely to facilitate the complaint process, and the use of the aforementioned template is not a requirement for the complaint to be valid.

6. If necessary for the proper assessment of physical defects in the Goods, upon request and following preliminary arrangements with the Seller, the Goods must be delivered to the Seller’s registered office address 7 Chełm Drezdenecki St., Drezdenko 66-530  as soon as the Product’s features allow it.

(7) The Seller shall respond immediately to the Consumer’s notification, but no later than within 14 calendar days of receipt. Failure to consider the notification within the specified period is equivalent to its acceptance by the Seller and recognizing it as legitimate.

(8) In the case of the first complaint, the customer can expect the goods to be repaired or replaced. Only if the trader refuses to remove the defect or replace, the consumer will be given the right to cancel the contract. For electronic goods, the consumer will also be able to demand the removal of defects in digital services And if the removal of the defect or replacement is unsuccessful, he can demand a price reduction or withdraw from the contract.

(9) The Seller shall cover the costs of collection of the Goods, delivery, removal of defects or defects and replacement of the Goods with new ones.

§2 Withdrawal

(1) In accordance with the law, the Customer who is a Consumer under Article 27 of the Act of May 30, 2014. (Journal of Laws of 2014, item 827, as amended) on the rights of the Consumer, has the right to withdraw from a contract concluded remotely without giving any reason.

2 According to Article 38 pt. 13 of the Law on Consumer Rights – “for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the entrepreneur has informed him of the loss of the right to withdraw from the contract.” – in such a situation, the right of withdrawal does not apply.

(3) The right to withdraw from the contract shall be granted within 14 calendar days from the moment of taking possession of the Goods by the Customer who is also a Consumer or a third party designated by him other than a carrier.

(4) When the Customer who is a Consumer withdraws from the contract, the contract is considered not concluded, and the Consumer is then released from all obligations. What the parties have rendered to each other is subject to return in an unaltered state, unless the change was necessary within the limits of ordinary management. The return should be made immediately, no later than within fourteen days.

(5) A Customer who is a Consumer may withdraw from the contract by making a statement on the online form attached hereto as Annex No. 1, sending it electronically or to the postal address of the Seller at the choice of the Customer. Appendix No. 1 is only an aid to withdraw from the contract, it is not a necessary template for exercising the right to withdraw from the contract. The Customer may, but does not have to use it. For effective withdrawal, it is sufficient to send a statement in writing to the Seller’s address.

(6) To meet the deadline specified in item. 2 is sufficient to send the Customer’s statement of withdrawal from the contract before its expiration.

(7) The Seller shall promptly acknowledge to the Customer the receipt of the statement of withdrawal from the contract and inform the Customer accordingly about the further procedure, including how to return the Goods, and if there are any questions, answer them.

(8) The Seller shall immediately, within no more than 14 calendar days from the date of receipt of the Customer’s statement of withdrawal from the contract, return to the Customer all payments received from him, including the cost of delivering the item. The Seller shall refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of reimbursement that does not involve any costs for the Customer.

(9) If the Seller, after obtaining consent from the Customer, did not undertake to collect the Goods from the Customer himself, the Seller may withhold reimbursement of payments received, including the cost of delivery of the goods until he receives the Goods back or the Customer provides proof/confirmation of their return, whichever event occurs first.

(10) The Customer is obliged to return the Goods to the Seller or hand them over to a person authorized by the Seller immediately, but no later than within 14 calendar days, from the date on which he withdrew from the contract, unless the Seller offered to collect the Goods himself. To meet the deadline it is sufficient to send back the Goods before its expiration.

11. the Customer who is a Consumer shall bear only the direct costs of returning the Goods.

(12) The consumer, shall have the right to withdraw from the contract concluded at a distance, without giving any reason and without incurring costs, except for the costs specified in Article 33, Article 34 of the Law on Consumer Rights.

13. The goods must be delivered to the Seller’s Address 7 Chełm Drezdenecki St., Drezdenko 66-530 .

14 The consumer shall be liable for any diminution in the value of the thing resulting from the use of it beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods. This means that the Buyer has the right to evaluate and inspect the Goods, but only in the way he could do so in a stationary store (i.e., check their completeness and technical parameters). This is because the consumer cannot normally use the item otherwise, by withdrawing from the contract, he may be charged with additional costs due to the reduction in its value.

15. The Customer does not have the right to withdraw from a contract with respect to the contracts specified in Article 38 of the Act of May 30, 2014, on Consumer Rights, including in the following situations:  

a) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the start of the service, that after the performance by the entrepreneur will lose the right to withdraw from the contract; 
b) in which the price or remuneration depends on fluctuations in the financial market, over which the trader does not control, and which may occur before the expiration of the deadline for withdrawal from the contract;
c) in which the object of performance is a non-refabricated item, produced to the Consumer’s specifications or serving to meet his individualized needs;
d) in which the object of performance is an item that is perishable or has a short shelf life;
e) in which the subject of performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package was opened after delivery;
(f) in which the subject of performance are things that, after delivery, by their nature become inseparable from other things.

§3 Complaint procedure

(1) For proper submission of a complaint, the Customer should provide his/her data such as: name and surname or company name, address of residence or registered office address and e-mail address, the subject of the complaint, if possible, the order number with an indication of the period of time to which the complaint relates and the circumstances justifying the complaint (description of what it consists of) or what features the ordered Goods do not have, and according to the Seller’s assurances or according to the way it was presented to the Customer it was supposed to have.

(2) If the customer is a consumer, in the case of the first complaint, the customer can count on the repair of goods or replacement. Only if the trader refuses to remove the defect or replace, the consumer will be given the right to withdraw from the contract. For electronic goods, the consumer will also be able to demand the removal of defects in digital services, and if the removal of the defect or replacement is unsuccessful, he can demand a price reduction or withdraw from the contract. In assessing the unreasonableness of costs, the value of the defect-free item, the nature and significance of the defect found, and the inconvenience to which other means of satisfaction would expose the customer shall be taken into account.

3. Unless otherwise provided by separate regulations, a business is required to respond to a consumer’s complaint within 14 days of receiving it. If the business fails to respond to the complaint within the timeframe specified above, the complaint is deemed to have been accepted. The business shall provide the consumer with a response to the complaint in writing or on another durable medium (e.g., a USB drive or CD/DVD) when responding to the complaint.”  

(4) If the claim is not considered within the specified time limit, it shall be considered accepted by the Seller. A claim for withdrawal from the contract, in case of its failure to be considered within the time limit, is not equivalent to recognition of the complaint made.