If the goods do not conform to the contract, the consumer has the following rights.
These rights do not apply to goods that serve only as a carrier of digital content. WHEN ARE GOODS NOT IN CONFORMITY WITH THE CONTRACT? Goods are in conformity with the contract if, in particular, their conformity remains:
- description, type, quantity, quality, completeness and functionality, and for goods with digital elements – also compatibility, interoperability and availability of updates;
- suitability for the specific purpose for which it is needed by the consumer, which the consumer notified the seller at the latest at the time of the conclusion of the contract and which the seller accepted.
In addition, the goods, to be considered in conformity with the contract, must:
- be suitable for the purposes for which goods of this type are normally used, taking into account applicable laws, technical standards or good practices;
- appear in such quantity and have such characteristics, including durability and safety, and, with respect to goods with digital elements, also functionality and compatibility, as are typical of goods of this type and which the consumer may reasonably expect, taking into account the nature of the goods and the public assurances made by the seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the seller demonstrates that:
- did not know about the public assurance in question and, judging reasonably, could not have known about it,
- prior to the conclusion of the contract, the public assurance has been rectified in compliance with the terms and form in which the public assurance was submitted, or in a comparable manner,
- The public assurance did not affect the consumer’s decision to enter into the contract;
- be delivered with packaging, accessories and instructions that the consumer can reasonably expect to receive;
- be of the same quality as the sample or design that the seller made available to the consumer before the conclusion of the contract, and correspond to the description of such sample or design.
The seller is not liable for the lack of conformity of the goods with the contract to the extent referred to above, if the consumer, at the latest at the time of the conclusion of the contract, was clearly informed that a specific feature of the goods deviates from the requirements of conformity with the contract and expressly and separately accepted the lack of a specific feature of the goods.
The seller shall be liable for the lack of conformity of the goods with the contract existing at the time of delivery and disclosed within two years from that time, unless the shelf life of the goods, as determined by the seller, its legal predecessors or persons acting on their behalf, is longer.
The lack of conformity of the goods with the contract, which became apparent before the expiration of two years from the time of delivery of the goods, shall be presumed to have existed at the time of delivery, unless the contrary is proven or the presumption cannot be reconciled with the specifics of the goods or the nature of the lack of conformity of the goods with the contract.
The seller may not rely on the expiration of the time limit for determining the lack of conformity of the goods with the contract specified above, if the seller has deceitfully concealed the lack. RIGHTS REGARDING NON-CONFORMITY WITH CONTRACT If the goods are not in conformity with the contract, the consumer may demand their repair or replacement.
- The seller may replace when the consumer requests repair, or the seller may repair when the consumer requests replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the seller.
If repair and replacement are impossible or would require excessive costs for the seller, the seller may refuse to bring the goods into conformity with the contract. - In assessing the excessiveness of the costs for the seller, all the circumstances of the case shall be taken into account, in particular, the significance of the non-conformity of the goods with the contract, the value of the conforming goods and the excessive inconvenience to the consumer caused by the change in the manner of bringing the goods into conformity with the contract.
- The seller shall repair or replace within a reasonable time from the moment the seller is informed by the consumer of the lack of conformity with the contract, and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased them.
The cost of repair or replacement, including, in particular, the cost of postage, transportation, labor and materials, shall be borne by the seller. - The consumer shall make the goods subject to repair or replacement available to the seller.
The seller shall collect the goods from the consumer at his expense. - If the goods were assembled before the goods became incompatible with the contract, the seller shall disassemble the goods and reassemble them after repairing or replacing them, or have them done at his expense.
- The consumer is not obliged to pay for the mere use of the goods, which were subsequently replaced.
PRICE REDUCTION AND WITHDRAWAL FROM THE AGREEMENT IN CONNECTION WITH A COMPLAINT If the goods are not in conformity with the contract, the consumer may make a statement of price reduction or withdrawal from the contract when:
- The seller refused to bring the goods into conformity with the contract;
- The seller failed to bring the goods into conformity with the contract in accordance with Art.
43d para.
4-6; - the lack of conformity of the goods with the contract continues, even though the seller has tried to bring the goods into conformity with the contract;
- the lack of conformity of the goods with the contract is so significant as to justify a reduction in price or withdrawal from the contract without first resorting to the means of protection set forth in Art.
43d of the Law on Consumer Rights; - it is clear from the seller’s statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.
The reduced price must remain in such proportion to the contract price as the value of the non-conforming goods remains to the value of the conforming goods.
The seller shall return to the consumer the amounts due as a result of exercising the right to reduce the price immediately, but no later than within 14 days from the date of receipt of the consumer’s statement on price reduction.
The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant.
The lack of conformity of the goods with the contract is presumed to be material.
If the lack of conformity applies only to some of the goods delivered under the contract, the consumer may withdraw from the contract only with respect to those goods, as well as with respect to other goods purchased by the consumer together with the non-conforming goods, if the consumer cannot reasonably be expected to agree to keep only the conforming goods.
In the event of withdrawal from the contract, the consumer shall immediately return the goods to the seller at the seller’s expense.
The seller shall return the price to the consumer immediately, no later than 14 days from the date of receipt of the goods or proof of their return.
The seller shall refund the price using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him.
The consumer may withhold payment of the price until the seller has performed its obligations under Art.
43d and art.
43e of the Law on Consumer Rights.
We also encourage you to read our Terms and Conditions in which you will find information on Complaints, the exercise of the right of withdrawal from the Contract, as well as a sample of the Contract Withdrawal Form and a sample of the Complaint Form.