Warranty

COMPLAINTS OF A CONSUMER UNDER THE ACT

BASIS OF COMPLAINTS

In respect of non-conformity

With warranty

SALES AGREEMENT DATE

concerns Sale Agreements concluded up to 24 December 2014

concerns Sale Agreements concluded between 25 December 2014

LEGAL BASIS

Act on specific terms of consumer sales and amending the Civil Code of July 27, 2002. (Journal of Laws No. 141, item. 1176, as amended.) and other generally applicable laws

Civil Code Act of 23 April 1964. (OJ No 16, pos. 93, as amended.) and other generally applicable laws

BASIC PREMISES OF SELLER LIABILITY

Seller shall be liable to the Client if the product at the time of its release is inconsistent with the Agreement of Sale.

 

Non-conformity

 

In the case of an individual reconciliation of characteristics of the Product, it shall be presumed that it is compatible with the Purchase Agreement if it matches to the description given by the Seller or has characteristics of sample or pattern, and when it is suitable for the purpose specified by the customer at the conclusion of the Sales Agreement, unless the Seller raised objections to such application of the product.

 

In cases not covered by these cases it shall be presumed that the product complies with the Purchase Agreement, if it is suitable for the purpose for which this type of product is usually used, and if its properties correspond to the properties characterized by product of this kind. The same presumption shall be assumed when the product corresponds to the expectations regarding the Product of this kind, based on making public assured by the Seller, the manufacturer or his representative; in particular take into account the assurance expressed in the labeling or advertising relating to the characteristics of the Product, including the date on which the product is to keep them.

 

On a par with the provision of the producer is treated to ensure the person who introduces the product to the national market in terms of his business, and the person who claims to be a producer by placing the product his name, trade mark or other distinctive sign.

 

Product irregularity in the installation and start-up shall also be considered as non-compliance with the Purchase Agreement, if these activities were carried out within the Purchase Agreement by the Seller or by a person for who he is responsible or by the Client according to the instructions received in the sale.

 

Vendors release from liability

 

Seller is not responsible for the inconsistency of the Product Purchase Agreement, when the Customer knew about the discrepancy or assessing reasonably should have known.

 

Seller is not bound by the provision referred to in Article. 4, if proved that assuring was not known either, judging reasonably, could not know, or that it could not affect the buyer's decision to conclude the agreement, or that its contents were corrected before the conclusion of the contract.

The seller is liable to the customer if the sold product has the natural or legal (warranty) flaws.

 

Natural defect

 

Under the warranty the seller is liable for physical/natural defects which existed at the time of the transition danger to the Customer or resulting from causes inherent in the sold Product at the time of purchase.

Physical defect lies in the incompatibility of the sold Product in Sales Agreement. In particular sold product is incompatible with the Purchase Agreement if:

 

1) does not have the properties that this type of product should have

2) does not have features, the existence of which Seller has provided to the Client, including presenting a sample or model;

  1. is not suitable for the purpose for which the customer has informed the Seller at the conclusion of the Sales Agreement

  2. it is sold in incomplete state.

If the customer is a consumer, along with the Sellers provision are treated the public to provide the manufacturer or his representative, the person who places the product on the market in terms of their economic activity, and the person who by putting his name on sold product, trade mark or other distinctive sign he presents himself as a producer.

 

The sold product has a physical defect as if its incorrect installation and commissioning if these activities were carried out by the Seller or a third party, for which the seller is liable or by the customer, who has acted according to the instructions received from the Seller.

 

Legal flaw

 

The seller is liable to the customer if the product sold is owned by a third party, or if it is loaded with the right of a third party, and if the restriction on the use or disposal of product stems from the decision or the decision of the competent authority; in case of sale of the seller is also responsible for the existence of a right.

 

Vendors release from liability

 

The seller is exempt from liability under the warranty if the customer knew about the defect at the time of conclusion of the Sales Agreement.

 

When the subject of the Sale Agreement are products labeled only for species or products designed arise in the future, the Seller is exempt from liability under the warranty if the customer knew about the defect at the time of things. This provision shall not apply if the customer is a consumer.

 

Seller is not liable to the Client who is a consumer for selling a Product does not have features arising from public assurances referred to above, if the assurances of those he did not know either, judging reasonably, could not know, or they could not influence the decision of the Customer of the conclusion of the Sales Agreement, or when their content is corrected before the conclusion of the Sales Agreement.

BASIC PREMISES OF SELLER`S LIABILITY

Seller shall be liable to the Client if the product at the time of his release is inconsistent with the Agreement of Sale.

 

Non-conformity of goods with the contract

 

In the case of an individual reconciliation characteristics of the Product - it shall be presumed that it is compatible with the Purchase Agreement if it matches the description given by the Seller or has characteristics of sample or pattern, and is suitable for the purpose specified by the customer at the conclusion of the Sales Agreement, unless the Seller raised objections to such application of the product.

 

In cases not covered by these cases it shall be presumed that the product complies with the Purchase Agreement, is suitable for the purpose for which this type of product is usually used, and if its properties correspond to the properties characterized by product of this kind. The same presumption shall be assumed when the product corresponds to the expectations regarding the Product of this kind, based on making public assurances by the Seller, the manufacturer or his representative; in particular take into account the assurance expressed in the labeling or advertising relating to the characteristics of the Product.

 

The provision of the producer is treated on a par with affirmation of the person who introduces the product to the national market in terms of his business, and the person who claims to be a producer by placing the product his name, trade mark or other distinctive sign.

 

Irregularity in the installation and start-up have non-compliance with the Product Purchase Agreement if these activities were carried out within the Purchase Agreement by the Seller or by a person for whom he is responsible or by the Client according to the instructions received in the sale.

 

Vendors release from liability

 

Seller is not responsible for the inconsistency of the Product Purchase Agreement, when the Customer knew or reasonably should have known about the discrepancy.

 

Seller is not bound by the provision referred to in Article. 4, if proved to ensure that you do not know either, judging reasonably, could not know, or that it could not affect the buyer's decision to conclude the agreement, or that its contents were corrected before the conclusion of the contract.

These rights are generally equivalent in nature, which means that the customer can use right away with both the first and second groups of rights:

 

1) Group: Price reduction / Refund

 

If the sold product has a defect, the Customer may submit a statement of the price reduction or withdrawal from the Purchase Agreement unless Seller promptly and without undue inconvenience to the customer shall replace the defective product free of defects or remove defect. This limitation does not apply if the product has already been replaced or repaired by the Seller or Seller did not satisfy the obligation to replace, free of defects and defect removal. Reduced price should be in proportion to the price resulting from the Purchase Agreement in which the value of the Product defect is the value of the Product without defects. The customer can withdraw from the Purchase Agreement if the defect is irrelevant.

 

If the customer is a consumer, it may instead proposed by the Seller in accordance with the above defect removal request replace the Product free of defects or instead of replace, request the removal of defects, unless they bring the product into compliance with the Purchase Agreement in a manner chosen by the customer is not possible or would involve disproportionate the cost in comparison with the method proposed by the Seller. When evaluating these costs, take into account the value of the product free from defect, the nature and the importance of the defects, and also takes into account the disadvantages to which subject the customer otherwise meet.

 

If among sold products only some are defective and can be removed from the product free from defects, without damage to both sides, the customer right to cancel the contract is limited to defective products.

 

2) Group: Repair / Replacement

 

If the sold product has a defect, the Customer may request the replacement of the Product free of defects or defect removal. The seller is obliged to replace the defective product free of defects or rectify the defect within a reasonable time without undue inconvenience to the customer. Seller may refuse to redress customer request, if brought into conformity with the Agreement of Sale Product defective in a manner chosen by the customer is not possible, or in comparison with other possible way to bring about compliance with the Purchase Agreement would require excessive costs.

BASIC CONSUMER RIGHTS

These rights are generally two stages, which means that the customer has the ability to transition to the second stage of powers only after the exhaustion of the first stage:

 

  1. Stage: repair / replacement

     

If the product is inconsistent with the Purchase Agreement, the Customer may request to bring it into line with the Purchase Agreement by free repair or replacement with a new one, unless the repair or replacement are impossible or require excessive costs. When assessing these costs are taken into account the value of the Product in accordance with the Purchase Agreement and the type and degree of the non-compliance, and also takes into account the inconvenience to which would expose the customer otherwise meet.

 

  1. Step: price reduction / refund

 

If the Customer, for the reasons set out above, may not require repair or replacement, or if the seller fails to satisfy such a request in a timely manner or if the repair or replacement would cause the customer significant inconvenience, he has the right to demand an appropriate price reduction or withdraw from the Purchase Agreement . From the Purchase Agreement The customer may not waive the non-compliance of the Product Purchase Agreement it is irrelevant. When determining the appropriate time to repair or replacement, the type of Product and purpose of its acquisition.

These rights are generally equivalent in nature, which means that the customer can use both the first and second groups of rights:

1) Group: Price reduction / Refund

If the sold product has a defect, the Customer may submit a statement of the price reduction or withdrawal from the Purchase Agreement unless Seller promptly and without undue inconvenience to the customer shall replace the defective product or remove the defect. This limitation does not apply if the product has already been replaced or repaired by the Seller or Seller did not satisfy the obligation to replace defective product or remove the defect l. Reduced price should be in proportion to the price resulting from the Purchase Agreement in which the value of the Product defect is the value of the Product without defects. The customer can withdraw from the Purchase Agreement if the defect is irrelevant.

If the customer is a consumer, it may instead proposed by the Seller in accordance with the above defect removal request replace the Product free of defects or instead of replacement, request the removal of defects, unless they bring the product into compliance with the Purchase Agreement in a manner chosen by the customer is not possible or would involve disproportionate the cost in comparison with the method proposed by the Seller. When evaluating these costs, the value of the product free from defect, the nature and the importance of the defects are taken into account as well as the otherwise meet disadvantages which could subject the customer.

If among the sold products only some are defective and can be removed from the product free from defects, without damage to both sides, the right customer to cancel the contract is limited to defective products.

2) Group: repair / replacement

If the sold product has a defect, the Customer may request the replacement for the Product free of defects or defect removal. The seller is obliged to replace the defective product for one free of defects or rectify the defect within a reasonable time without undue inconvenience to the customer. Seller may refuse to redress customer request, if brought into conformity with the Agreement of Sale of defected Product.

IMPORTANT TERMS OF COMPLAINTS

2 months to notice Sellers about the discordance

 

The buyer is obliged to inform the Seller about the discordance of the Product with Sales Agreement within 2 months from the observation of non-compliance. Otherwise the buyer losses his rights.

 

6 months presumption of non-compliance from the date of release of the Product.

 

Seller shall be liable to the Client if the product at the time of its release is inconsistent with the Purchase Agreement; in the case of non-compliance within six months from the date of the Product it shall be presumed that it existed at the time of release.

 

Two years of Vendors responsibility

 

The seller is responsible for non-compliance with the Product Purchase Agreement only if it is noticed before the expiry of two years from the date of handing the Product over to the Client; term runs again in case of replacement of the Product.

 

 

1 year presumption of existence of the defect from the moment of Product release

 

The seller is liable under the warranty for physical defects which existed at the time of the transition danger to the Customer or resulting from causes inherent in the sold Product, at the same time. If the customer is a consumer, a physical defect has been found within one year from the date of the selling the Product, it shall be presumed that the defect or cause existed at the time of transition danger to the customer.

 

Two years of Vendors responsibility

 

Seller shall be liable under the warranty if the defect is found before the natural expiry of two years, and when it comes to defects in the property - before the expiry of five years from the date of releasing the Product to a Customer. To bring the rights off under the warranty for legal defects of the sold Product, the provisions relating to a physical defect, except that the period for exercising the rights under the warranty starts from the date on which the customer learned of the existence of the defect, and if the customer learned of the existence of defects only as a result of complaint of the third party - the date on which the judgment given in a dispute with a third party became final.

PLACE AND METHOD OF SUBMISSION OF COMPLAINTS

The complaint may be filed by the customer, for example:

 

personally at:

Bladeville

ul. Ceglana 67c

40-514 Katowice

 

writing to the following address:

Bladeville

ul. Ceglana 67c

40-514 Katowice

 

by phone at 32 247 81 16.

 

in electronic form

via e-mail to the following address: info@bladeville.pl;

DESCRIPTION OF COMPLAINTS

It is recommended that the Customer fills in the description of the complaint qith the information below or send the completed complaint form (DOWNLOAD FORM) - this will facilitate and expedite the consideration of the complaint by the Seller:

(1) the information and circumstances concerning the subject of the complaint, in particular the type and date of discrepancies / defects;

(2) a request to the way of bringing the Product to comply with the Purchase Agreement or a statement of the price reduction or withdrawal from the Purchase Agreement; and

(3) the contact details of the complaining party.

SETTLEMENT OF DISPUTES

Bladeville Online shop states that there is the possibility of extra-judicial settlement of disputes concerning contractual obligations arising from the online sale contracts concluded between consumers and traders at EU level, using the platforms ODR, which is the access point for consumers and businesses who want an extra-judicial settlement of disputes covered by the Regulation of the European Parliament and Regulation (EU) No 524/2013 of 21 May 2013.

The ODR platform operating at http://ec.europa.eu/consumers/odr is an interactive website, with electronic and free access in all the official languages of the Union institutions.