Complaints goods

Complaints goods

The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty), are defined by generally applicable laws, in particular in the Civil Code (in particular, Articles 556-576 of the Civil Code).

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 the cause inherent in the sold product at the same time. A physical defect is the incompatibility 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 the product of this type should have due to the purpose in the Sale Agreement indicated or resulting from the circumstances or destination;
2) does not have properties the existence of which the Seller has provided to the Customer, including presenting a sample or pattern;
3) 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 to such a destination;
4) has been delivered to the Customer incomplete.

If the Customer is a consumer, the Seller's public assurances of the producer or his representative, the person who introduces the Product to the market in the scope of his business and the person who by placing the name, trademark or other distinctive sign on the sold product is treated as the Seller's assurance he presents himself as a producer.

The Product sold 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.

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 the competent authority; if the law is sold, the seller is also responsible for the existence of the law.

The Seller is exempt from liability under the warranty if the Customer knew about the defect at the time of concluding the Sale Agreement.

When the subject of the Sales Agreement are Products marked only for the species or Products to be created 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 liable to the Customer who is a consumer for the sold Product does not have properties resulting from the public assurances referred to above, if he did not know these assurances or, judiciously assessing, he could not know or could not affect the Customer's decision about conclusion of the Agreement
Sales, or when their content has been corrected prior to the conclusion of the Sales Agreement.

These rights are, in principle, of an equivalent nature, which means that the customer has the opportunity to immediately use both the first and second group of rights:

1) Group: price reduction / refund
If the sold Product has a defect, the Customer may submit a statement about the price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Customer will replace the defective Product with a product free from defects or defect removed. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller did not satisfy 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 can not withdraw from the Sales Agreement if the defect is irrelevant.

- If the customer is a consumer, may instead replace the Product for replacement of the defect or replace the Product, request removal of the defect, unless it is impossible to bring the Product into compliance with the Sales Agreement in a manner chosen by the Customer or 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, and the inconvenience to which the customer would otherwise be satisfied is taken into account.

If only some of the Products sold are defective and can be disconnected from Products free from defects, without prejudice to both parties, the Customer's right to withdraw from the contract is limited to Defective Products.

2) Group: repair / replacement
If the Product sold has a defect, the Customer may request replacement of the Product free of defects or removal of the defect. The seller is obliged to replace the defective product with one free of defects or to remove the defect within a reasonable time without excessive inconvenience to the customer. The seller may refuse to satisfy the Customer's request, if
Making compliance with the Product Sales Agreement faulty in the manner chosen by the customer is impossible or in comparison with the second possible way to bring about compliance with the Sales Agreement would require excessive costs.

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 the cause inherent in the sold product at the same time. If the Customer is a consumer and a physical defect has been found within one year from the date of the product being sold, he / she will presume
that the defect or its cause existed at the time the danger passed to the customer.

The Seller is liable under the warranty if the physical defect is found before the expiry of two years, and when it comes to property defects - before the expiration of 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 concerning physical defects apply, except that the period for exercising the rights under the warranty begins from the day on which the customer learned about the existence of the defect, and if the customer learned about the existence of the defect only as a result of a third party action - from the day on which the decision issued in a dispute with a third party became final.

The complaint may be submitted by the Customer, for example:
- in writing to the following address: ZOLTAN SPORT Piotr Hołownia, ul. Młodości 5B, 16-300 Augustów;
- in electronic form via e-mail to the following address: sklep@zoltansport.pl;

It is recommended that the Customer provide the following information in the description of the complaint - it will facilitate and accelerate the complaint handling 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 way to bring the Product into conformity with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and
(3) contact details of the complaining party.

The requirements specified above are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

If the Seller responds to Customer's complaints or to exercise Customer's rights resulting from non-compliance of the Product with the Sales Agreement / warranty, it will be necessary to deliver the Product to the Seller. The Customer will be asked by the Seller to deliver the Product at the Seller's cost to ul. Młodości 5B, 16-300 Augustów. If, however, due to the type of discrepancy / defect, type of the Product or the method of its installation, 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 in the place where the Product is located. The request for delivery of the Product referred to above has no impact on the period for responding to the Customer's complaint and does not violate the Customer's right - in the case of a warranty claim - the Seller's request to dismantle the defective Product and re-install the Product after the exchange free from defects or removal of the defect referred to in art. 561 [1] of the Civil Code.

The Seller shall respond to the Customer's complaint promptly, no later than within 14 calendar days from the date of its submission. Lack of the Seller's attitude in the above-mentioned period means that the Seller has considered the complaint justified.


7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility of the Client using the extrajudicial method of dealing with complaints and pursuing claims as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. The point of contact at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or a written address: Plac Powstańców Warszawy 1, 00-030 Warsaw.), Whose task is among others, providing assistance to consumers in matters relating to the out-of-court resolution of consumer disputes.
7.3. The consumer has the following exemplary possibilities of using out-of-court complaint and redress solutions: (1) an application to settle a dispute to a permanent amicable consumer court (for more information, please visit: http://www.spsk.wiih.org.pl/); (2) a motion regarding extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the economic activity of the Seller); and (3) help from the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, among others, via e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (call center in working days, 8:00 - 18:00, connection fee according to the operator's tariff).
7.4. An online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. 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 contractual obligation arising from an online sales contract or a service agreement (more information on the platform website itself or at the Internet address of the Office of Competition and Consumer Protection) : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

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