We care much about your rights, including the right to make a complaint. Below you will find detailed information concerning our liability for the defect of the product sold by us and your rights related to the complaint on the statutory basis - due to the warranty.
The basis and scope of our liability for product defects under warranty is determined by generally applicable laws, in particular the Civil Code.
We have an obligation to provide a product without defects. We are responsible, due to the warranty, if the physical defect of the product is found before the expiry of two years from the date of its delivery to the buyer.
You can make a complaint, for example:
- in writing to the following address: Azotowa 21, 41-503 Chorzów;
- in electronic form via e-mail to the following address: firstname.lastname@example.org;
- You can use the model withdrawal form, but it is not obligatory.
Please provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) a request for the manner in which the product was brought into conformity with the sales contract or a statement of price reduction or withdrawal from the sales contract; and (3) your contact details - this will facilitate and speed up the processing of your complaint. In addition, to speed up the complaint process, we recommend that you use the template we have prepared, available at the address: https://spokobrand.com/warranty_form_eng.pdf
Remember that the requirements given in the previous sentence are recommendation only and do not affect the effectiveness of complaints made without the recommended description of the complaint.
You have the possibility to use both the first and the second group of rights:
1) Group: price reduction / refund
If the product sold has a defect, you can submit a statement of price reduction or withdrawal from the contract, unless we immediately and without undue inconvenience to you, replace the defective Product with a defect-free one or remove the defect. Important! This limitation does not apply if the product has already been replaced or repaired by us, or if we have not fulfilled the obligation to replace the product with one that is free from defects or to remove the defect.
If the customer is a consumer, he may, instead of the defect rectification proposed by us in accordance with the provisions above, demand replacement of the product with a defect-free one, or demand the rectification of the defect instead of replacing the product, unless bringing the product into conformity with the sales contract in the manner chosen by you is impossible or would require excessive costs compared to the manner proposed by us.
Important! The customer cannot withdraw from the contract if the defect is irrelevant.
2) Group: repair / replacement
If the product sold has a defect, you can demand replacement of the product with a defect-free one or removal of the defect. However, we may refuse to comply with your request if it is impossible to bring the defective product into conformity with the contract in the manner you have chosen or would require excessive costs compared to the second possible way to bring it into compliance with the contract.
Remember that the customer who exercises warranty rights is obliged to deliver the defective product to our address at our expense: Azotowa 21, 41-503 Chorzów, Poland. If, however, due to the type of product or the way it is installed, its delivery would be excessively difficult, the Customer is obliged to make the product available to us in the place where the product is located.
We will respond to your complaint immediately, no later than within 14 calendar days from the date of its submission. Important! Lack of response within the above deadline means that we considered the complaint to be justified.
OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
Detailed information concerning the possibility of using out-of-court methods of complaint handling and redress by a consumer customer and the rules of access to these procedures are available at the registered offices and on the websites of district (city) consumer advocates, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:
- http://www.uokik.gov.pl/sprawy_indywidualne.php and
A customer who is a consumer has, among other things, the following possibilities to take advantage of out-of-court complaint handling and claiming:
A customer is entitled to apply to a permanent amicable consumer court referred to in Article 37 of the Commercial Inspection Act of 15 December 2000 (Dz.U. 2001 Nr 4 poz. 25 with amendments) to resolve a dispute arising from the concluded Sales Agreement. The Rules of Organization and Operation of Permanent Consumer Arbitration Courts are set out in the Regulation of the Minister of Justice of 25 September 2001 on defining the Rules of Organization and Operation of Permanent Consumer Arbitration Courts. (Dz.U. 2001, nr 113, poz. 1214).
A Client is entitled to apply to the Voivodship Inspector of Commercial Inspection, pursuant to Art. 36 of the Commercial Inspection Act of December 15th 2000 (Dz.U. 2001 Nr 4 poz. 25 with amendments), for initiation of mediation proceedings concerning amicable settlement of a dispute between the Client and the Seller. Information on the rules and procedure of mediation procedure conducted by the Voivodship Commercial Inspectorate is available at the offices and websites of individual Voivodship Commercial