COMPLAINTS BY CUSTOMERS UNDER THE ACT

GROUNDS FOR COMPLAINT

under warranty

LEGAL BASIS

the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended) and other generally binding legal regulations

BASIC GROUNDS FOR THE SELLER'S LIABILITY

The Seller is liable to the Customer if the Product sold has a physical or legal defect (warranty).

physical defect

The Seller is liable under the warranty for physical defects that existed at the time when the risk passed to the Customer or arose from the cause inherent in the Product sold at the same time.

A physical defect consists in the non-compliance of the Product sold with the Sales Agreement. In particular, the Product sold is inconsistent with the Sales Agreement if:

  1. fails to possess the qualities that a Product of this type should have due to the purpose specified in the Sales Agreement or resulting from the circumstances or intended use;

  2. fails to possess the qualities which the Seller assured the Customer of, including by presenting a sample or specimen;

  3. is not suitable for the purpose the Customer informed the Seller about when concluding the Sales Agreement, and the Seller has not raised any reservations as to such purpose;

  4. has been handed over to the Customer in an incomplete condition.

If the Customer is a consumer, public assurances of the manufacturer or its representative, a person who markets the Product within the scope of its business activity and a person who presents itself as the manufacturer by placing its name, trademark or other distinguishing mark on the sold Product shall be deemed equal to the Seller's guarantee.

The Product sold has a physical defect also in the event of its incorrect assembly and start-up, if these activities have been performed by the Seller or a third party for which the Seller bears liability, or by the Customer who acted in accordance with the instructions received from the Seller.

Legal defect

The Seller shall be liable to the Customer if the Product sold is the property of a third party or if it is encumbered with a right of a third party, and also 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 a right, the Seller shall also be liable 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 to the kind or Products which are to be created in the future, the Seller shall be exempt from liability under the warranty if the Customer knew about the defect at the time of the release of the items. This provision shall not apply if the Customer is a consumer.

The Seller shall not be liable to the Customer being a consumer for the fact that the Product sold does not have the properties resulting from public assurances referred to above, if the Seller did not know those assurances and, judging reasonably, could not know them or they could not have influenced the Customer's decision on the conclusion of the Sales Agreement, or if their content has been corrected prior to the conclusion of the Sales Agreement.

Bodysuits as underwear are non-returnable.

PRIMARY CONSUMER RIGHTS

These rights are, in principle, equivalent, which means that the Customer has the possibility to use both the first and the second group of rights at once:

  1. Group: price reduction/refund

If the Product sold 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 shall not apply if the Product has already been replaced or repaired by the Seller or the Seller has failed to fulfil his obligation to replace the Product with a defect-free one or to remove the defect. The reduced price shall be in such proportion to the price resulting from the Sales Agreement as the value of the Product with the defect remains to the value of the defect-free Product. The Customer may not withdraw from the Sales Agreement if the defect is insignificant.

  • If the Customer is a consumer, the Customer may instead of defect removal suggested by the Seller in accordance with the provisions above demand replacement of the Product with a defect-free Product or instead of replacing the Product demand removal of the defect, unless bringing the Product into conformity with the Sales Agreement in a way chosen by the Customer is impossible or would require excessive costs in comparison with the way proposed by the Seller. When assessing the excessive costs, the value of the Product free from defects, the type and significance of the defect found shall be taken into account, as well as the inconvenience to which other means of satisfaction would expose the Customer.

If, of the Products sold, only some are defective and can be separated from the defect-free Products without detriment to either party, the Customer's right to withdraw from the Agreement is limited to the defective Products.

  1. Group: repair/replacement

If the Product sold has a defect, the Customer may request that the Product be replaced with a defect-free Product or that the defect be removed. The Seller is obliged to replace the defective Product with a defect-free one or remove the defect within a reasonable time without excessive 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 way chosen by the Customer is impossible or, in comparison with other possible ways of bringing it into conformity with the Sales Agreement, would require excessive costs.

IMPORTANT COMPLAINT DEADLINES

1 year presumption of defect at the time of delivery of the Product

The Seller is liable under the warranty for physical defects that existed at the time when the risk passed to the Customer or arose from the cause inherent in the Product sold at the same time. If the Customer is a consumer and a physical defect is discovered before the lapse of a year from the date of release of the Product sold, it is presumed that the defect or its cause existed at the time when the risk passed to the Customer.

2 years of Seller's liability

The Seller shall be liable under the warranty if a physical defect is found before the lapse of two years, and in the case of defects in real estate - before the lapse of five years from the date of release of the Product to the Customer. To exercise the rights under the warranty for legal defects of the Product sold, the provisions relating to the physical defect shall apply, with the reservation that the period for exercising the rights under the warranty shall start from the day on which the Customer becomes aware of the existence of the defect, and if the Customer became aware of the existence of the defect only as a result of action by a third party - from the date on which the ruling issued in the dispute with the third party became final.

PLACE AND MANNER OF LODGING A COMPLAINT

A complaint may be lodged by the Customer, for example :

  • In writing to the address: Lotnicza 34, 26-001 Masłów Pierwszy, POLAND;

  • electronically by e-mail to: info@kamaprops.com;

 

DESCRIPTION OF THE COMPLAINT

It is recommended that the Customer provide the following information in the description of the complaint - it will facilitate and shorten 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 Product to be brought into conformity with the Sales Agreement or a statement concerning a 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 without the recommended description of the complaint.

DELIVERY OF THE CLAIMED PRODUCT

The Customer who exercises the rights under warranty shall be obliged to deliver the defective product at the Seller's expense to the address: Lotnicza 34, 26-001 Masłów Pierwszy, POLAND. If, due to the type of the Product or the way it is installed, delivering the Product by the Customer would be too difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

SELLER'S REPLY

The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days of its submission. If a Customer who is a consumer, exercising the rights under the warranty, requested the replacement of the item or removal of the defect or made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request is justified.

OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THOSE PROCEDURES

Detailed information about the possibility to use out-of-court complaint and claim procedures by the Customer who is a consumer, as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at the following address:
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, inter alia, to assist consumers in matters concerning the out-of-court settlement of consumer disputes.

The consumer has the following examples of out-of-court complaint and redress procedures: (1) a request for dispute resolution to a permanent amicable consumer court (for more information go to: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to a voivodeship inspector of the Trade Inspection (for more information go to the website of the inspector competent for the Seller's place of business); and (3) the assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Polish Consumer Association). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and by the consumer helpline number 801 440 220 (open on Working Days, 8:00 am - 6:00 pm, call charge as per operator's tariff).

A platform for online dispute resolution between consumers and traders at 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 businesses seeking out-of-court dispute resolution concerning contractual obligations arising from an online sales contract or service contract (for more information, see the platform itself or the website address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).