Our mission is to provide high quality products. That is why we give a long-term warranty.
As of 1 January 2003 new rules on consumer sales have entered in force. These changes were introduced by the Act of 27 July 2002 on special conditions of consumer sale and amendments to the Civil Code, as published in the Journal of Laws No. 141, item 1176.
These new rules introduced, in place of statutory warranty, the concept of “non-compliance of consumer goods with agreement”. When buying a product (even a yoghurt at the market) or ordering a service, we are in fact concluding an agreement with a seller/service provider. This was always this way, but only now do the laws regarding consumer sales refer to an agreement in such a direct way.
The consumer’s (or seller’s) rights as provided in the Act described here cannot be limited by:
– a properly worded agreement between the buyer and seller signed at the time of purchase,
– a statement by the consumer that he/she is aware of any non-conformity of goods with the agreement,
– a choice of the law of another state.
Warranty is voluntary. The warrantor decides whether he or she provides consumers with a guarantee for his or her products, as well as its content and scope, such as the number of repairs, the conditions for replacement of equipment with a new unit, service point addresses.
Warranty – a statement on the part of the warrantor (the person that gives a warranty becomes a warrantor; this is usually the manufacturer, but it can also be an importer or even the seller) included in a document or an advert.
The warranty specifies:
– the obligations of the warrantor (this is mandatory – otherwise it is not a warranty),
– the scope of responsibility of the warrantor
– the buyer’s rights.
The warranty cannot be associated with a separate fee.
The warranty does not exclude, limit or suspend the rights of the purchaser that arise from non-conformity with the agreement, of which the warrantor is to inform the consumer in the warranty statement.
The warranty should be written in Polish in a clear, understandable and not misleading manner. However, if the warrantor fails to fulfil the above requirement, the warranty is still valid and the rights of the buyer are not affected.
1. Providing two prices: the price of the goods and the price per unit (unit of measurement), unless both of these prices are the same or the goods are offered in bulk. The same method of providing prices should be used in advertising.
2. The Seller is obliged to confirm in writing all relevant provisions of the concluded agreement when selling in instalments, with a prepayment, for order, according to a template, for testing, at a price in excess of two thousand PLN, as well as at the request of the buyer in other cases.
This minimum (confirmed in writing) is to include information (necessary for the buyer to make a claim) that confirms the conclusion of a sale agreement with a specific seller (e.g. a receipt).
Please note that the written form, if the value of the agreement exceeds two thousand PLN, is reserved for the purposes of evidence (e.g. during court proceedings); an agreement concluded orally and not confirmed in writing is also valid.
3. The seller shall provide the buyer with information in Polish which is to be clear, understandable and not misleading, and therefore sufficient to take full advantage of the consumer goods sold.
In particular, the following is to be included:
– the name of the product,
– identification of the manufacturer or importer,
– the country of origin of goods ,
– a safety mark and mark of compliance with standards, if required by separate regulations
– information on release for sale in Poland
– depending on the type of product, its energy consumption.
If the goods are sold in an individual wrapper or in a package – all the information specified above is to be presented on the goods or be attached to them permanently.
In other cases the seller must show, at the point of sale, information that indicates, at least:
– the name of the product,
– its main feature,
– the name of the manufacturer or importer,
– the country of origin.
RESPONSIBILITY OF THE SELLER – CONFORMITY OF THE PRODUCT WITH THE AGREEMENT
The seller is responsible to the buyer, if:
1) the consumer goods are inconsistent with the agreement and at the same time
2) this non-conformity was present at the time of delivery of the goods.
In the case of a non-conformity being discovered within six months from the delivery of the goods it is presumed that it existed at the time of delivery.
Non-conformity with the agreement is a different concept than a defect in the goods – the scope of this concept also includes quantitative deficiencies. Goods must be regarded as non-conformant with the agreement when it does not have the properties described therein, even if such non-conformity is not relevant from the point of view of value or utility of the goods. However, non-conformity with the agreement does not occur in the case of a defect that has been indicated in the agreement or which is a usual characteristic of the particular goods.
The Act introduces presumptions which simplify determining whether the product conforms with the agreement. However, if the agreement is particular enough that it is easy to verify that the product does not conform to it, then there is no need for presumptions – for example, if one orders a hot soup and receives a cold fish the product clearly does not conform to the agreement.
RIGHTS OF THE BUYER
1. If the product does not conform to the agreement, the buyer may request that it be brought into conformity with the agreement through repair or replacement with a new one. Unless the repair or replacement is impossible or entails excessive costs. When costs are assessed the following are taken into account:
– the value of the product,
– the nature and extent of the non-conformity and
– the inconvenience to which the buyer would be exposed in order to satisfy his or her expectations.
The repair or replacement is free and the seller has to bear the costs incurred by the buyer, such as the costs of dismantling, delivery, labour and repeat installation and commissioning.
The buyer (not seller) selects a specific method for satisfying the claim, i.e. repair or replacement. This is to be done in writing. If the buyer, in the event of detecting non-conformity, requests that the product be brought into conformity with the agreement without indicating the manner (replacement or by repair), the seller may set an appropriate deadline for the buyer to do this. Once the deadline passes the right to choose the method passes onto the other party – the seller.
In cases where the buyer makes a claim for replacement and the replacement proves impossible or would entail excessive costs, the buyer is entitled to request a repair.
The same situation occurs when a consumer requests a repair and it is impossible or entails excessive costs. The buyer is then entitled to request a replacement.
2. A consumer may request a discount or withdrawal from the agreement (refund), only when one of the following situations occurs:
– the situation described in point 1 (repair or replacement) is impossible or entails excessive costs
– the seller fails to replace or repair the product within the set time (the type and purpose of the purchased product is taken into account when the appropriate time for repair or replacement of the product is being ascertained)
– the repair or replacement leads to excessive inconvenience to the buyer.
It is not possible to withdraw from the agreement if the non-conformity of the product with the agreement is insubstantial.
DEADLINES AND PROCEDURES FOR HANDLING CLAIMS
If the seller was aware of the fact that the product does not conform to the agreement at the time of its conclusion and does not point the buyer’s attention to this, he is liable to claims on the part of the consumer for 10 years (that is the limitation period as per Polish legislation).
In other cases:
The seller is responsible for non-conformity of the consumer goods with the agreement if the buyer discovers this non-conformity before two years pass since the delivery of the product. In the case of replacement with a new product the two-year term begins anew.
If the product sold is used, the seller and buyer may jointly agree to shorten this period, but not to a period shorter than one year.
The consumer must inform the seller of the lack of conformity within two months of its discovery. It is sufficient to send a notice to the seller as a manner of providing information. This is to be done in a way that makes it possible, in case of doubt, to prove that such communication took place, e.g. by sending a registered letter with confirmation of receipt. The buyer loses his rights if he fails to notify the seller within less than two months after the discovering that the consumer goods did not conform to the agreement.
This deadline is not applicable only in relation to food, as making claims in the case of food requires shorter deadlines.
There is a yearlong period of limitation for claims since their discovery by the buyer. After this date, no claims can be made.
SELLER’S RIGHTS (BACK CLAIMS)
In the case of satisfying a consumer’s claim resulting from non-conformity of consumer goods with the agreement, the seller may claim compensation from any of the previous sellers, when it is due to their act or omission that the product did not conform to the consumer sale agreement.
In relation to damage liability, the provisions of the Civil Code relating to the consequences of default on claims shall be applied.
The seller may claim compensation in full, both to compensate for the losses and for the return of lost benefits, if such damage is a normal consequence of the non-conformity.