Return and Complaints

Consumer Complaints

The Seller is liable to the Consumer for any non-conformity of the Goods with the Sales Agreement that existed at the time of delivery and was revealed within two years of that moment, unless the shelf life of the Goods, as specified by the Seller, their legal predecessors, or persons acting on their behalf, is longer.

The Goods are considered to conform with the Sales Agreement if they:

• Comply with the description, type, quantity, quality, completeness, and functionality specified in the Sales Agreement;
• Are suitable for the specific purpose for which the Consumer needs them, as communicated to the Seller no later than at the time of concluding the Sales Agreement and accepted by the Seller.

Additionally, the Goods must:

• Be suitable for the purposes for which goods of the same type are normally used, taking into account applicable laws, technical standards, or good practices;
• Be provided in the quantity and possess the qualities, including durability and safety, typical for goods of the same type and that the Consumer may reasonably expect, considering the nature of the Goods and public assurances made by the Seller, their legal predecessors, or persons acting on their behalf, particularly in advertising or on the label, unless the Seller proves that:
• They were unaware of the public assurance and, reasonably assessing, could not have known about it;
• The public assurance was corrected before the conclusion of the Sales Agreement, in the same manner and form in which it was made, or in a comparable manner;
• The public assurance did not influence the Consumer's decision to conclude the Sales Agreement;
• Be supplied with packaging, accessories, and instructions that the Consumer may reasonably expect;
• Match the quality of a sample or model made available by the Seller to the Consumer before concluding the agreement and correspond to the description of such a sample or model.

The Seller is not liable for non-conformity of the Goods with the Sales Agreement as outlined above if the Consumer was explicitly informed, no later than at the time of concluding the Sales Agreement, that a specific characteristic of the Goods deviates from the conformity requirements mentioned above and explicitly and separately accepted the lack of this specific characteristic.

The Seller is liable for non-conformity of the Goods with the Sales Agreement resulting from improper installation if:

• The installation was carried out by the Seller or under their responsibility;
• Improper installation carried out by the Consumer resulted from errors in the instructions provided by the Seller or a third party (in the case of Goods with digital elements).

If the Goods are not in conformity with the Sales Agreement, the Consumer may request repair or replacement.

The Seller may replace the Goods when the Consumer requests repair, or the Seller may repair the Goods when the Consumer requests replacement, if the method chosen by the Consumer is impossible or would impose excessive costs on the Seller. If both repair and replacement are impossible or excessively costly, the Seller may refuse to bring the Goods into conformity with the Agreement. In such cases, the Consumer may issue a statement for a price reduction or withdrawal from the Agreement. When assessing excessive costs for the Seller, all circumstances of the case are considered, especially the importance of the lack of conformity of the Goods with the Sales Agreement, the value of the Goods conforming to the Sales Agreement, and the excessive inconvenience to the Consumer caused by changing the method of bringing the Goods into conformity with the Sales Agreement.

The Seller must repair or replace the Goods within a reasonable time from when the Consumer informed them of the non-conformity of the Goods with the Sales Agreement.

The costs of repair or replacement are borne by the Seller. The Consumer must make the Goods available for repair or replacement at the Seller’s expense.

If the Goods were installed before the lack of conformity was revealed, the Seller will dismantle and reinstall the Goods after repair or replacement or commission these actions at their own expense.

The Consumer may issue a statement for a price reduction or withdraw from the agreement if the Goods are non-conforming with the Sales Agreement when:

• The Seller refused to bring the Goods into conformity with the Sales Agreement;
• The Seller failed to bring the Goods into conformity with the Sales Agreement;
• The non-conformity persists despite the Seller's attempts to bring the Goods into conformity with the Sales Agreement;
• The non-conformity of the Goods with the Sales Agreement is significant enough to justify immediate price reduction or withdrawal from the Sales Agreement;
• It is evident from the Seller's statements or circumstances that they will not bring the Goods into conformity with the agreement within a reasonable time or without excessive inconvenience to the Consumer.

The reduced price must be proportional to the price specified in the Sales Agreement, reflecting the value of the non-conforming Goods compared to conforming Goods. Refunds arising from price reduction must be issued no later than 14 days from the date the Consumer's statement for price reduction is received.

The Seller may reject the Consumer's statement of withdrawal from the Sales Agreement if they prove that the non-conformity of the Goods with the Sales Agreement is insignificant.

In the event of withdrawal from the Sales Agreement, the Consumer must return the Goods to the Seller without undue delay and at the Seller’s expense. The Seller must refund the price no later than 14 days from the date they receive the Goods or proof of their return.

All complaints related to the Goods or the performance of the Agreement can be submitted by the Consumer in their chosen form (in writing/by mail, electronically/by email). The Consumer may use a complaint form attached to the Terms and Conditions. The complaint should include at least: the complainant’s name, surname, and address; the identification of the Goods being complained about (e.g., name, manufacturer, color, size); proof of purchase; a description of the non-conformity and the date it was noticed, and, if applicable, circumstances justifying the complaint.

The Seller must respond to the Complaint within 14 days from the date it is submitted.

Regardless of the complaint procedure, the Consumer has the right to access out-of-court complaint and redress procedures.

If the Seller does not accept the Complaint, the Consumer may seek mediation or a decision from an arbitration court.

The provisions of these Terms and Conditions also apply to Entrepreneurs with Consumer rights.