PRODUCT COMPLAINTS UNDER THE ACT

BASIS OF COMPLAINT due to non-conformity of the product with the Sales Agreement due to warranty
DATE OF CONCLUSION OF THE SALES AGREEMENT for Sales Agreements concluded by 24 December 2014 for Sales Agreements concluded from 25 December 2014
LEGAL BASIS Act on special terms of consumer sales and amending the Civil Code of 27 July 2002 (Journal of Laws, No. 141, item 1176, as amended) and other generally applicable laws Act on the Civil Code of 23 April 1964 (Journal of Laws, No. 16, item 93, as amended) and other generally applicable laws
BASIC PREREQUISITES OF THE SELLER'S CIVIL LIABILITY

The Seller shall be liable towards the Client, if at the time of the sales the Product is inconsistent with the Sales Agreement.

I. Non-conformity of the Product with the Sales Agreement

For individual arrangements on properties of the Product it shall be presumed that the Product complies with the Sales Agreement, if it matches the description given by the Seller or has features of the sample or model provided to the Client, as well as if it is suitable for the purposes specified by the Client when concluding the Sales Agreement, unless the Seller raised objections to such application of the Product.

For cases not covered by the above content it shall be presumed that the Product complies with the Sales Agreement, if it is suitable for the purpose for which this type of Product is usually used, and if its properties match the properties that characterize this type of Product. The same presumption shall be assumed when the Product meets the expectations concerning this type of Product based on public assurances made by the Seller, the Manufacturer or its representative; in particular, assurances expressed in the labelling or advertising of the Product related to its characteristics, as well as the date within which the Product is to keep them.

The assurance of a person who introduces the Product to the national market in terms of the person's business activity, and a person who claims to be a manufacturer by placing its name, trade mark or other distinctive sign on the Product shall be considered on par with the manufacturer's assurance.

Any irregularities in the installation and start-up of the Product, if these activities were carried out under the Sales Agreement by the Seller or a person for whom the Seller is responsible, or by the Client in accordance with the instructions received for the sale, shall be considered non-conformity of the Product with the Sales Agreement.

<h3<>II. The Seller's exemption from liability

The Seller shall not be responsible for non-conformity of the Product with the Sales Agreement, if the Client knew about the non-conformity or, assessing reasonably, should knew about the non-conformity.

The Seller shall not be bound by the provision referred to in Article 4, if the Seller has shown that the Seller did not know the provision and, assessing reasonably, could not know it or it could not affect the Client's decision to conclude the Sales Agreement, or its contents had been corrected prior to the conclusion of the Sales Agreement.

The Seller shall be liable towards the Client if the sold Product has a physical or legal defect (warranty).

I. Physical defect

Under the warranty the Seller shall be responsible for physical defects which existed at the time of transferring the danger to the Client or arose from the causes inherent in the Product sold at the same time.

A physical defect consists in incompatibility of the Product sold with the Sales Agreement. In particular, the Product sold is incompatible with the Sales Agreement if:

  1)    it has no properties that the Product of this kind should have given to the purpose indicated in the Sales Agreement resulting from circumstances or application;

  2)    does not have the properties, the existence of which the Client was assured by the Seller by presenting a sample or a model;

  3)    does not fit the purpose of interest of which the Client informed the Seller at the time of conclusion of the Sales Agreement, and the Seller raised no objections to such an application;

  4)    is given to the Client in an incomplete state.

If the Client is a consumer, the public assurance of the manufacturer or its representative, a person who introduces the product to the market within its economic activity, and a person who presents itself as a manufacturer by placing its name, trade mark or a different distinctive sign on the Product is considered on par with the Seller's assurance.

The sold Product has as a physical defect in the event of an improper installation and start-up, if these activities have been carried out by the Seller or a third party for whom the Seller is responsible or by the Client who acted in accordance with the instructions received from the Seller.

II. Legal defect

The Seller shall be liable towards the Client if the Product sold is owned by a third party or if it is encumbered with third party's rights, and if the restriction on the use or disposal of the Product has its source in a decision or judgement of a competent authority; in the event of sale of the right the Seller shall be also responsible for the existence of the right.

III. The Seller's exemption from liability

The Seller shall be exempt from responsibility for warranty, if the Client knew about the defect at the time of conclusion of the Sales Agreement.

If the subjects of the Sales Agreement are products labelled only for kind/grade or Products planned to be designed in the future, the Seller shall be exempt from the responsibility under the warranty, if the Client knew about the defect at the time of giving out the Products. This provision does not apply when the Client is a consumer.

The Seller shall not be liable towards the consumer Client if the sold Product does not have the properties arising from public assurances referred to above, if the Seller did not know those assurances and, assessing reasonably, could not know or they could not influence the Client's decision about the conclusion of the Sales Agreement, or if their content had been corrected before the conclusion of the Sales Agreement.

THE CONSUMER'S BASIC RIGHTS

As a rule, the following rights have a two-stage nature, which means that the Client can go to the second stage of the rights only after exhausting the first-stage rights:

1)   Stage: repair/replacement

If the Product is inconsistent with the Sales Agreement, the Client may request to bring it into consistence with the Sales Agreement by making a free repair or replacing it with a new one, unless the repair or replacement are impossible or require excessive costs. When assessing the excessive costs the value of the Product consistent with the Sales Agreement, and the nature and the degree of the non-compliance observed are taken into account; the inconveniences to which the Client would be exposed when a different type of actions was chosen are taken into account.

2)   Stage: price reduction/return of payment

If for the reasons set out above the Client may not require a repair or replacement, or if the Seller fails to satisfy such a request in a timely manner, or if the repair or replacement would put the Client at significant inconveniences, the Client has the right to demand an appropriate price reduction or withdraw from the Sales Agreement. The Client may not withdraw from the Sales Agreement when the non-compliance of the Product with the Sales Agreement is irrelevant. When determining the appropriate time to carry out the repair or replacement, the Product type and the purpose of its purchase are taken into account.

As a rule, the following rights have an equal nature, which means that the Client can use both the first group and the second group:

1)   Group: price reduction/return of payment

If the sold Product has a defect, the Client may make a statement of price reduction or withdrawal from the Sales Agreement unless the Seller shall promptly and without undue inconvenience for the Client replace the defective Product for a Product that is free from defects or remove the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not replaced it with a Product that is free of defects or has not removed the defect. The reduced price should be in the same proportion to the price resulting from the Sales Agreement in which the value of the Product with the defect is to the value of the Product without the defect. The Client may not withdraw from the Sales Agreement if the defect is irrelevant.

♦ If the Client is a consumer, the Client may request to replace the Product instead of repairing the Product or request to remove the defect, unless bringing the Product into compliance with the Sales Agreement in a manner chosen by the Client is not possible or would involve excessive costs in comparison with the method proposed by the Seller. When assessing the excessive costs the value of the Product that is free of defects, the type and meaning of the defect are taken into account; the inconveniences to which the Client would be exposed when a different type of actions was chosen are taken into account.

If among the Products sold only some of them are defective and can be separated from the Products that are free of defects without harm to both sides, the Client's right to withdraw from the Sales Agreement is limited to the defective Products.

2)   Group: repair/replacement

If the sold Product has a defect, the Client may request to replace the Product with one that is free of defects or repair the defect. The Seller shall be obliged to replace the defective Product with one that is free of defects or repair the defect within a reasonable time and without undue inconvenience to the Client. The Seller may refuse the Client's request, if bringing the Product into conformity with the Sales Agreement in a manner chosen by the Client is not possible or would require excessive costs in comparison with other possible ways to reach compliance with the Sales Agreement.

IMPORTANT COMPLAINT DATES

2 months to inform the Seller about non-compliance

The Client shall lose its rights if before the expiry of two months from finding the non-compliance of the Product with the Sales Agreement the Client fails to notify the Seller. To meet the deadline the Client must send a statement before its expiry.

6 months of presumption of non-compliance at the time of giving out the Product

The Seller shall be liable towards the Client, if at the time of giving out the Product it does not comply with the Sales Agreement; in the case of finding non-compliance within six months from the date of giving out the Product it shall be presumed that the non-compliance existed at the time of giving out the Product.

2 years of the Seller's liability

The Seller shall be responsible for non-compliance of the Product with the Sales Agreement only if the non-compliance is found before the expiry of two years from the date of giving out the Product to the Client; this term shall start again if the Product is replaced.

1 year of presumption of a defect at the time of giving out the Product

Under the warranty the Seller shall be responsible for physical defects which existed at the time of transferring the danger to the Client or arose from the causes inherent in the Product sold at the same time. If the Client is a consumer and a physical defect has been detected within one year from the date of giving out the sold Product, it shall be presumed that the defect or its cause existed at the time of transferring the danger to the Client.

2 years of the Seller's liability

Under the warranty the Seller shall be responsible if a physical defect is found within two years, and for real estate defects - before the expiry of five years from the date of giving out the Product to the Client. To exercise the rights under the warranty concerning legal defects of the sold Product, the provisions related to physical defects shall apply; the period for exercising the rights under the warranty starts from the day on which the Client learnt about the existence of the defect, and if the Client learnt about the existence of the defect as a result of a third party - from the day on which the ruling passed in a dispute with the third party became legally valid.

PLACE AND METHOD OF SUBMITTING COMPLAINTS

The complaint may be submitted by the Client, for example:

   ♦ in writing to the address:

   MAGIRO MAGDALENA BRZEZIŃSKA, ul. Gdyńska 25 lok. 56, 58-100 Świdnica, Poland

   ♦ in an electronic form via e-mail to the following address: sklep@sc9.pl ;

DESCRIPTION OF COMPLAINT

The Client should provide the following information in the description of the complaint - this will facilitate and speed up the investigation of the complaint by the Seller:

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

   2)   information on how to bring the product into compliance with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and

   3)   contact detailsof the complaining party.

The requirements stated above shall take the form of recommendations only and have no influence on the effectiveness of the complaints submitted without the recommended description of the complaint.

DELIVERING THE DEFECTIVE PRODUCT

The Client who exercises its rights under the warranty, shall be obliged to deliver the defective product at the Seller's cost to the following address:

   ♦ MAGIRO MAGDALENA BRZEZIŃSKA, ul. Gdyńska 25 lok. 56, 58-100 Świdnica, Poland.

If due to the nature of the Product or its installation method it is impossible for the Client to deliver the Product, the Client shall be obliged to provide the Product to the Seller at the location where the Product is installed.

THE SELLER'S RESPONSE

The Seller shall immediately investigate the Client's complaint, not later than within 14 calendar days from the date of its submission. If the Seller does not investigate the complaint in the above period, the complaint shall be deemed well-grounded.

EXTRAJUDICIAL MEANS OF INVESTIGATING COMPLAINTS AND RECOVERING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES

Detailed information on the consumer Client's possibility to use extrajudicial methods of investigation of complaints and recovery of claims, and the rules of access to these procedures are available on the premises and websites of district (municipal) consumer advocates, social organizations which are involved in statutory consumer protection, Provincial Inspectorates of Trade Inspection and at the following websites of the Office of Competition and Consumer Protection:

   http://www.uokik.gov.pl/spory_konsumenckie.php

   http://www.uokik.gov.pl/sprawy_indywidualne.php oraz

   http://www.uokik.gov.pl/wazne_adresy.php

The consumer Client shall have the following possibilities of using extrajudicial means of dealing with complaints and recovery of claims:

The Client shall be entitled to address a permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a request for settlement of a dispute arising out of the Sales Agreement. The Regulations for the organization and operation of permanent consumer courts of arbitration are determined by the Decree of the Minister of Justice of 25 September 2001 on the regulations for organization and operation of permanent consumer courts of arbitration. (Journal of Laws of 2001, No. 113, item 1214).

The Client shall be entitled to turn to the provincial inspector of Trade Inspection in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended) with a request to initiate a mediation procedure on amicable settlement of a dispute between the Client and the Seller. Information on rules and mode of the mediation procedure conducted by the provincial inspector of Trade Inspection is available in the seats and on the websites of the Provincial Inspectorates of Trade Inspection.

The Client can get free assistance to settle a dispute between the Client and the Seller by using free assistance of the district (municipal) consumer advocate or a social organization involved in statutory consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is given by the Consumer Federation at a toll-free number: 800 007 707 and by the Association of Polish Consumers at porady@dlakonsumentow.pl .

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