COMPLAINTS AND RETURNS OF GOODS
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The buyer asserts rights from defective performance (hereinafter also "complaint") with the seller, unless otherwise specified, without undue delay after the defect has become apparent.
Further use of the goods may cause the defect to worsen and subsequent deterioration of the goods or the impossibility of assessing the cause of the defect. To make a claim, the buyer can use the seller's form, available below.
As part of the complaint, the buyer must provide their contact details and a description of the defect. Upon notification of a defect, or without undue delay after notification of a defect, the buyer is obliged to state the way in which he wants to handle the complaint (ie, how he requests to remove the defect).
A change in the choice of complaint processing method without the consent of the seller is possible only if the buyer requested the repair of a defect that turns out to be irreparable. If the buyer does not choose his right from a material breach of the purchase contract in time, he has the same rights as in case of a non-material breach of the purchase contract.
The buyer is obliged to prove the purchase of the goods to the seller (preferably with a proof of purchase). The deadline for handling the complaint starts from the moment of application (notification) of the complaint.
The buyer hands over or delivers the goods to the seller or to the place intended for repair at the same time or subsequently after the claim is made. The goods should be packed in suitable packaging during transport to avoid damage, they should be clean and complete. The costs associated with returning the goods are borne by the seller.
The seller is obliged to issue a written confirmation to the buyer, who is a consumer, about when the claim was made, what the content of the claim is and what method of handling the claim the buyer requires.
The seller will also issue a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint.
This obligation also applies to other persons designated to carry out the repair. The seller or an employee authorized by him will decide on the complaint of the buyer, who is a consumer, immediately, in complex cases within 3 working days. This time does not include the time appropriate for the type of goods for expert assessment of the defect.
The seller or an employee authorized by him will decide on a complaint by a buyer who is not a consumer without undue delay, unless otherwise agreed with the buyer.
A complaint by a buyer who is a consumer, including the removal of a defect, must be handled without undue delay, no later than 30 days from the date of the claim, unless the seller and the buyer who is a consumer do not agree on a longer period. The futile expiration of this period is considered a material breach of the purchase contract.
The complaint of a buyer who is not a consumer, including the removal of a defect, will be handled within the period agreed between the seller and the buyer. The warranty period is extended by the time from the application of the complaint until its settlement or until the time when the buyer was obliged to pick up the item.
The buyer is obliged to pick up the claimed goods no later than 15 days from the expiry of the time when the claim should have been settled, or within 15 days from notification of its settlement, unless the seller and buyer agree otherwise. If the buyer does not pick up the claimed goods within the stated period, he agrees that the seller has the right to demand storage fees from the buyer in the amount according to paragraph 9.3 of the terms and conditions, starting from the first day when the period for picking up the claimed goods has expired.
In the event that the buyer does not pick up the claimed goods even after 120 days have passed after the seller notified him of the handling of the claim, the buyer agrees that the seller is entitled to sell the unclaimed goods, which he will notify the buyer of as part of the notice of handling of the claim, or at any time later; § 2428 of the Civil Code shall apply to this sale.
If the claimed goods are unsaleable or badly damaged, the seller is entitled to destroy or throw away the goods after the 120-day period has expired.