CONSUMER’S COMPLAINT FOR A PRODUCT PURSUANT TO THE ARTICLE

 

 

BASIS FOR COMPLAINT Based on warranty
DATE OF CONTRACT Applies to Contracts of Sale concluded
from 25 December 2014
LEGAL BASIS The Act on the Civil Code of 23 April 1964 (Dz.U. no. 16 item 93 as amended) and other binding legal regulations
BASIC PREMISE FOR
SELLER RESPONSIBILITY
The seller is responsible with relation to the Customer, if the sold Product has a physical defect or a legal defect (warrranty).
Physical defect
The Seller is responsible, on the basis of warranty, for physical defects which occurred during the moment of transferring the
responsibility to the Customer at the same time.
Physical defect means the non-compliance of the sold Product with the Contract of Sale. In particular, the sold Product is noncompliant
with the Contract of Sale when:
1) there are no properties that this type of Product should have considering the purpose set forth in the Contract of Sale or
resulting from circumstances or purpose;
2) there are no properties which the Seller ensured that are present, also presenting a sample or a template;
3) it’s unfit for use in the way the Customer informed the Seller when entering into Contract of Sale, and the Seller did not
express any reservations regarding such way of use;
4) an incomplete Product was provided.
If a consumer is the Customer, public reassurances of the manufacturer, representative, person who makes the Product public
under their business activity, and person who identifies as manufacturer by placing their name, trademark, or another
differentiating sign is equal to the Seller’s reassurance.
The sold Product also bears a physical defect when it was incorrectly installed and switched on, if such procedures were made
by the Seller or the third party that the Seller is responsible for, or by the Customer who followed the instructions given by the
Seller.
Legal defect
The seller is responsible to the Customer, if the sold Product is owned by a third party or when a third party has the right to it,
also when the limit of using or managing the Product results from the decision or statement of competent authority; in the
event of selling the right, the seller is also responsible for the existence of the right.
Exemption from liability
The Seller is exempted from liability with regard to warranty, if the Customer was aware of the defect when entering into
Contract of Sale.
When Products that are to be produced in the future or products that are only indicated by type are the subject of the
Contract of Sale, the Seller is exempted from liability with regard to warranty if the Customer was aware of the defect when
the item was issued. This regulation does not apply when a consumer is the Customer.
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 public reassurances mentioned above, if of such reassurances the Customer was not aware, and, reasonably
estimating, couldn’t be aware of or couldn’t affect the Customer’s decision to enter into Contract of Sale, ot when the content was corrected before entering into Contract of Sale.
FUNDAMENTAL RIGHTS OF THE CONSUMER The following regulations are of equivalent nature, as a rule, which means that the Customer has the right to immediately use
the first and the second group of rights:
1) Group: price reduction / refund
If a sold Product bears a defect, the Customer can file a statement for price reduction or withdrawal from Contract of Sale,
unless the Seller replaces the faulty Product for a product without a defect or removes the defect. This limitation does not
apply if a Product was previously replaced or repaired by the Seller or when the Seller did not fulfill the obligation to replace
the Product for a product without a defect or to remove the defect. The reduced price shall be proportionate to the price in
the Contract of Sale, at the same scale as proportion between the value of a Product without a defect and the value of a
Product with a defect. The Customer cannot withdraw from the Contract of Sale if the defect is not significant.
➢ If a consumer is the Customer, then instead of a removal of defect proposed by the Seller, they can demand to replace the
Product with a Product without a defect, or instead of product replacement demand removing the defect, unless making
the product compliant with the Contract of Sale using a method selected by the Customer is impossible or would involve
excessive costs compared to the method proposed by the Seller. When evaluating the excess of the of costs,
inconveniences which will affect the other method of fulfilling the Customers demand shall be taken into consideration.
If only some of the sold Products are faulty, and can be separated from the Products without the defect, without any loss for
the both parties, the Customer’s right to withdraw from the contract is limited to the Products with the defect.
2) Group: repair/replacement
If a sold Product bears any defect, the Customer may demand to replace the Product with a product without the defect or to
remove the defect. The Seller is obligated to replace the Product with a product without the defect or to remove the defect
within a reasonable time without causing excessive inconveniences to the Customer. The Seller may refuse to fulfill the
Customer's demand if making the Product compliant with the Contract of Sale using a method selected by the Customer is
impossible or would require excessive costs compared to another possible method of making the product compliant with the
contract of sale.
IMPORTANT COMPLAINT DATES

1 year of presumption of a defect when the Product was issued

The Seller is responsible on the basis of warranty for physical defects which existed when the responsibility was transferred to
the Customer or resulted from a cause in the sold Product at the same moment. If a consumer is the Customer, and the
physical defect was identified within 1 year from the day the sold Product was issued, it is assumed that the defect or its cause
existed at the time of transferring the responsibility to the Customer.

2 years of Seller’s responsibility

The Seller is responsible on the basis of the warranty, if the physical defect is identified within 2 years, and with regard to real
estate - within 5 years from issuing the Product to the Customer. Regulations regarding physical defect shall be applied to
exercise the rights with regard to warranty for legal defects of the sold Product, noting that the beginning date to exercise the
rights with regard to warranty is the day when the Customer became aware of the existence of the defect, and if the Customer
became aware of the existence of the defect due to a third party’s action - from the day, when a statement issued in the
dispute with the third party came into force.

PLACE AND METHOD FOR
FILING A COMPLAINT

The complaint may be filed by the Customer for example:
• In writing at the following address:CarLabImmo Iwona Piotrowska, ul. Bohaterów Westerplatte 33a/2, 66-400 Gorzów
Wielkopolski;
• In electronic form, using email at the following email address: office@carlabimmo.com;

COMPLAINT DESCRIPTION

It is recommended that the Customer provides the following information in the complaint description - it will make the process
of reviewing the complaint easier and faster for the Seller:
(1) Information and circumstances regarding the subject of the complaint, especially the type and date of the occurrence of
the non-compliance/defect;
(2) The demand for the method of making the Product complaint with the Contract of Sale or a statement for price reduction
or withdrawal from the Contract of Sale; and
(3) Contact details of the party that files the complaint.
The requirements stated above are only recommendations and do not affect the effectiveness of complaints filed without the
recommended complaint description.

PROVIDING THE PRODUCT
UNDERCOMPLAINT

The Customer who exercises the rights with regard to warranty is obligated to deliver the faulty Product at the Seller’s costs at
the following address: CarLabImmo Iwona Piotrowska, ul. Bohaterów Westerplatte 33a/2, 66-400 Gorzów Wielkopolski. If,
considering the type of the Product and the method of installation, the delivery of the Product by the Customer will be
excessively difficult, the Customer is obligated to make the product available to the Seller in the location of the Product.

SELLER'S REPLY

The Seller shall address the Customer’s complaint immediately, not later than within 14 days from filing the complaint. If the
complaint was not addressed by the Seller within this time, this means that the Seller considered the complaint as valid.

Extrajudicial means of reviewing complaints and pursuing claims as well as the rules for accessing these procedures

Detailed information on the possibility for the Customer who is a consumer to use extrajudicial means of reviewing complaints
and pursuing claims as well as the regulations for access to these procedures are available on the website of the Office for
Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
The President of the Office of Competition and Consumer Protection is available at a helpline (phone: 22 55 60 333, email:
kontakt.adr@uokik.gov.pl or address for correspondence: Pl. Powstańców Warszawy 1, 00-030 Warszawa.), the function of
which is to help the consumer in matters regarding extrajudicial consumer dispute settlement.
The Consumer has the following possibilities of using extrajudicial means of reviewing complaints and pursuing claims: (1)
statement to settle a dispute to the Permanent Consumer Arbitration Court (more information at: http://
www.spsk.wiih.org.pl/); (2) statement for an extrajudicial dispute settlement to the voivodeship inspector of Trade Inspection
(more information on the website of an inspector appropriate to the Seller’s place of business); and (3) help of the district
(municipal) consumer spokesperson or social organization that has a statutory function of consumer protection (i.e. Consumer
Federation, Polish Consumers Association). Advice is provided i.e. using email at porady@dlakonsumentow.pl as well as at the
consumer helpline 801 440 220 (helpline open on Workdays, from 8:00 to 18:00, fee charged according to the Operator’s
tariff).
A platform for internet system of dispute settlement between consumers and entrepreneurs on the EU level is available at
http://ec.europa.eu/consumers/odr (ODR platform). ODR platform is an interactive, multi-language website with a
comprehensive service for consumers and entrepreneurs looking for extrajudicial dispute settlement regarding contractual
obligations resulting from an internet contract of sale or a service contract (more information available at the platform’s
website or the website of Office of Competition and Consumer Protection).

 

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