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COMPLAINT - WARRANTY
1. In case of the contracts concluded with the Consumers under the art. 22¹ of the Civil Code, the Seller shall be liable towards the Consumer on principles set out in art. 556 and further of the Civil Code for the physical or legal defects (warranty).
2. The Seller shall remain liable under warranty in case the physical defect is discovered before two years have elapsed from the moment of the item release to the Consumer, and in case the item of a sale performance was a used item - before one year has elapsed from the moment of the item release to the Consumer.
3. Consumer’s claim for the defect removal or the replacement of an item into the free of defects one, shall terminate once one year has elapsed, starting from the day of the defect discovery, however not before two years have elapsed from the moment of the item release to the Consumer, and in case the item of a sale was a used item - before one year has elapsed from the moment of the item release to the Consumer.
4. In case the date of shelf-life set out by the Seller or producer elapses after two years have elapsed from the moment of the item release to the Consumer, the Seller shall remain liable under warranty for physical defects of the said item discovered before this term termination.
5. Physical defect shall mean discrepancy between the item sold and the Contract. In particular, sold item is discrepant with the Contract in case:
a) some features of the given item are missing, regarding the features pointed out in the aim of the Contract that is stipulated or arises from the conditions or destination;
b) some features of the given item are missing, regarding the features of which the Seller assured the Buyer, including giving a sample or a model;
c) the item is not suitable for the purpose of which the Seller was informed by the Buyer at time of the Contract conclusion, and the Seller has not raised any objections regarding such purpose;
d) the item was released in the incomplete state to the Buyer
6. The public assurance of a producer or its representative or that of a person who places the item on the market within his/her business activity, and of a person who by putting his/her business name, trademark or other distinguishing feature on the item presents himself as its producer shall be equally treated with the Seller’s assurance.
7. The Seller shall be discharged from his liability stipulated in 7c only when:
a) he will prove that he has not been or could not reasonably have been au fait with these assurances;
b) he will show that the assurance could not have an effect on the Consumer's decision;
c) the assurance content was corrected prior to the conclusion of the Contract with the Seller
8. The sold item shall have defect also in case of its inappropriate installation and commissioning if those activities were performed by the Seller or a third party for which the Seller is liable or by the Buyer who complied with the manual given by the Seller.
9. In the event of a Contract with the Consumer, when the physical defect was discovered before one year from the moment of the item release, it shall be deemed that it existed by the time of the risk transfer to the Consumer. The Consumer shall be liable for indication that the defect existed at the time of the purchase in case the defect was discovered after the year from the moment of the item release.
10. If the sold item has a defect, the Consumer can:
a) make a statement on price reductions request;
b) make a statement on backing out of the Contract;
c) request the item replacement for the one that is free from defects;
d) request defect removal
11. The Consumer shall not be liable to back out of a Contract in case the defect is insignificant.
12. The Consumer that exercises his/her powers under statutory warranty shall be obliged to provide the defective item to the Complaint Address at the Seller’s expense, and in case that due to the item kind or the method of its installation the delivery by the Consumer would be excessively difficult, Consumer shall be obliged to make the item available for the Seller at the place where the said item is located. In case of non-performance of the obligation by the Seller, the Consumer shall be entitled to return the item at the expense and risk of the Seller.
13. The Seller kindly asks to attach the description of the discrepancy between the item and the Contract aiming at the complaint process facilitation.
14. The Seller in 14 (fourteen) days shall take a position to the Client’s notification.
Otherwise, it shall be considered that the Seller acknowledged the Client’s statement or request reasoned.
15. The Seller in the event of the Consumer’s request defined in subparagraph 10 a or b can replace the defective item into the free of defects one or remove a defect, provided it is done immediately and without significant inconvenience for the Consumer.
16. However, when the item has been already replaced or fixed by the Seller or the Seller has not complied with his obligation to replace an item into the free of defects or remove the defect, he shall not have the right to replace or fix the item.
17. The Consumer can, instead of the Seller’s proposed defect removal, request the replacement of the item into the free of defects one or instead of replacement, request the defect removal, unless bringing the item into line with the Contract in the way selected by the Consumer is impossible or this would require excessive costs compared to the way proposed by the Seller, whereas by the evaluation of the excessive costs the value of the free of defects item, its kind and meaning of the discovered defect, as well as inconvenience on which the Client could be exposed to by other way of adjustment of claims shall be included.
18. The Seller can refuse the Consumer’s request reimbursement when bringing the defective item into line with the Contract in the way chosen by the Consumer is impossible or compared to the other possible way requires excessive costs.
19. In the event of the price reduction, the reduced price should remain in such proportion to the price, resulting from the Contract, in which the defective item value remains to the defect free item.
20. The Seller shall be obliged to replace the defective item into the free of defects one or remove the defect at any reasonable time without excessive inconvenience to the Consumer.
21. In the situation when the defective item was installed, the Consumer may request dismantlement from the Seller and re-installation after the replacement into the free of defects item or defect removal. In case of non-performance of the obligation by the Seller, the Consumer shall be entitled to do these actions at the expense and risk of the Seller.
22. The Seller can refuse the dismantlement or re-installation provided that the cost of such actions overpasses the value of the item sold.
23. The Consumer, in the case referred to in above, may request dismantlement and re-installation from the Seller, however he/she shall be obliged to bear part of the costs related to it at the value overpassing the sold item price or may request payment of the part of the costs of the dismantlement or re-installation from the Seller up to the sold item price.
24. In case of the contracts concluded between the Client, not being the consumer under the art. 22¹ of the Civil Code, pursuant to art. 558 section 1 of the Civil Code, the Seller’s liability under warranty shall be excluded.
25. In compliance with the terms set out in subparagraph 2,3 and 4 of this section of the Terms & Conditions the Consumer may make a statement concerning his/her backing out of the contract or price reduction due to the physical defect of the sold item, and when the Consumer requested the replacement of the item into the free of defects one or the defect removal, the time limits to the submission of the statement on backing out of the contract or price reduction run with the moment of the ineffective expiry of a term to the item replacement or defect removal.
26. In the event of judicial proceedings before the arbitration court of one of the warranty rights, due date of other rights, provided for by law, to which the Consumer is entitled pursuant to this shall be suspended until final termination of proceedings thereupon. These regulations are respectively applied for the mediation proceedings, whereas due date of other warranty rights, to which the Consumer is entitled, begins from the day of settlement agreed before a mediator acceptance refusal by court or ineffective mediation termination.
27. Time limits to the execution of warranty rights for the legal defects of item sold run from the day on which the Consumer discovered the defect and in case the Consumer discovered the defect only as a result of a third party complaint - from the day on which the predicate or other decision of the authority issued within a dispute with the third party became legally binding.
28. When due to of the sold item defect the Consumer submitted a statement on backing out of the contract or price reduction, he/she can request redressing of a damage incurred as a result of the Contract conclusion without being aware of the defect, even if the damage results from the circumstances of which the Seller is not liable for, and in particular he/she can request reimbursement of the costs of conclusion of Contract, collection, proceedings, items insurance storage, return of expenditures made to the extent to which he/she benefited and not received the aforementioned from a third party.
29. The foregoing shall not prejudice the generally applicable laws on duty to redress the damage under relevant laws and regulations.
30. Should the Seller conceal a defect, end of the term shall not exclude warranty rights.
31. The complaint address shall be: Przedsiębiorstwo Wielobranżowe „RAPU” Robert Zapora
ul. Boya-Żeleńskiego 11, 35-105 Rzeszów
33. The Store shall not accept cash on delivery shipments. All the costs of justified complaint shall be returned to the client to the bank account specified by the client.
GUARANTEE
1. Goods sold through the online Store selectshop.eu shall be covered by the Seller’s and Producer’s guarantee. Both the Producer and the Seller shall provide a one year guarantee for the purchased item. The Seller shall be liable for the item inconformity with the contract under warranty stipulated in section VII Complaint - Warranty.
2. Detailed conditions of the guarantee shall be determined in a guarantee card issued by the guarantor.
REPLACEMENT
1. The Buyer shall be entitled to replace the given item for a different size or model within 14 days upon item reception.
2. Forwarding costs both directions shall be borne by the Buyer.
3. Returned item cannot show traces of use, it should have factory packaging and labels, in other case the item will be sent back on Buyer’s expense.
4. Replacement shall be done immediately upon the shipment reception by the Store not later than within 14 days from the reception.
5. We kindly ask you to arrange the replacements with the online Store selectshop.eu service.
BACKING OUT OF THE CONTRACT– ITEM RETURNS
1. Under the art. 27 of the Act on consumer rights the Consumer who concluded a distant contract shall be entitled to back out of it without providing reasons and bearing costs, excluding the costs set out in art. 33, 34 and 35 of the Act on consumer rights by submission of relevant statement in writing within fourteen days upon the item of the contract reception date. In order to meet this due date, sending of a statement before its expiry shall be sufficient. Statement can be sent by electronic means to the address: [email protected] or by letter to the address:
Przedsiębiorstwo Wielobranżowe „RAPU” Robert Zapora
ul. Boya-Żeleńskiego 11,
35-105 Rzeszów
2. Statement can be submitted on the form constituting Attachment to these Terms & Conditions and which was forwarded to the Consumer together with the item, also available at www.selectshop.eu or in a different form, in accordance with the act on consumer rights.
3. Alongside the statement referred to in subparagraph 1. Client shall be also asked to provide information on the current bank account for reimbursement.
4. The Seller shall confirm reception of the statement on backing out of the contract
to the Consumer immediately upon reception. Such confirmation shall be forwarded to the e-mail address, given alongside the Order or indicated as contact on the submitted statement on backing out of the contract.
5. The Contract shall be considered not concluded in case of backing out of the contract.
6. The Consumer shall be obliged to return the item or items immediately, not later than within 14 days of his/her backing out of the contract
7. The Consumer shall return the item or items of the Contract of which he/she has backed out on their own risk and expense.
8. The Consumer shall be liable for the contractual item or items value reduction, resulting from the use of the item or items in the way extending beyond the ordinary item management in order to determine features, functionalities and the nature of the item.
9. The Seller shall immediately, not later than within 14 days from the statement on Consumer’s backing out of the contract reception reimburse all payments that the Consumer executed, including the cost of delivery of the item, provided that:
a. the Seller shall reimburse the payments by using the same payment method as used by the Consumer, unless the Consumer expressly agreed a different way of reimbursement that is not connected with extra expenses for him/her;
b. should the Consumer choose different item delivery method than the cheapest usual method offered by the Seller, the Seller shall not be obliged to reimburse to the Consumer the incurred extra expenses;
c. the Consumer shall be liable for the item value reduction, resulting from the use in the way beyond the necessary to determine its nature, features, functionalities as described in subparagraph 8 above;
10. In the event of backing out of the distant contract for the services commenced under the Consumer’s consent prior to the deadline of backing out of the Contract, the Consumer shall be obliged to pay the performance executed by the time of backing out of the Contract.
11. The payment amount shall be calculated proportionally to the extent of executed performance, including the price or remuneration included in the Contract. In case the price or remuneration is excessive, the basis for calculation of this amount shall be the market value of the performance executed.
12. The Consumer shall not bear expenses of the supply of digital content which is not saved on a tangible medium provided that he/she has not approved the performance execution prior to the deadline for backing out of the Contract expiry or has not been informed about the loss of the deadline of his/her right to back out of the Contract by the time of such approval or the entrepreneur has not provided confirmation under art. 15 para. 1 and art. 21 para 1 of the Act on consumer rights.
13. The Seller can withhold the reimbursement of the payment received from the Consumer until the item is returned or the evidence of shipping it back is provided, whichever is sooner.
14. The Consumer shall not be entitled to back out of the contract in cases indicated in art. 38 of the Act on consumer rights.
The returned goods for complaint should be clean and hygienically safe.