Complaint basis
for non-compliance of goods with the contract
due to warranty
Date of the sale agreement
applicable to Sales Agreements concluded until December 24, 2014
applicable to Sales Agreements concluded from December 25, 2014
Legal basis
Act on special 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 binding legal regulations
act Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and other generally binding legal regulations
Basic Terms of Seller Responsibility
The Seller is liable to the Customer if the Product at the time of its issue is inconsistent with the Sales Agreement.
non-compliance of the product with the contract
In the case of individual reconciliation of the Product's properties, it is presumed that it complies with the Sales Agreement if it corresponds to the description provided by the Seller or has the characteristics of the sample or design shown to the Customer, and when it is suitable for the purpose determined by the Customer at the conclusion of the Sales Agreement, unless the Seller he expressed reservations about the purpose of the Product.
In cases not covered by the above cases, it is presumed that the Product complies with the Sales Agreement if it is suitable for the purpose for which this type of Product is normally used, and when its properties correspond to the characteristics of the Product of this type. The same presumption is assumed when the Product meets the expectations regarding the Product of this type, based on the public assurances of the Seller, the producer or its representative; in particular, the assurances expressed in the Product labeling or advertisement referring to the Product's properties, including the date by which the Product is to retain them, are taken into account.
The assurance of the manufacturer is the assurance of the person who introduces the Product to domestic trade in the scope of his business and the person who acts as the producer by placing his name, trademark or other distinguishing mark on the Product.
The non-compliance of the Product with the Sales Agreement is also considered an irregularity in its installation and commissioning, if these activities were performed under the Sales Agreement by the Seller or by the person for whom he is responsible, or by the customer according to the instructions received during the sale. release the Seller from liability
The seller is not responsible for the non-compliance of the Product with the Sales Agreement, if the customer knew about this incompatibility or, judging sensibly, he should have known. The seller is not bound by the assurance referred to in art. 4, if he showed that he did not know the assurance or, judiciously, he could not know or that it could not affect the decision of the buyer to conclude the contract, or that its content was corrected before the contract was concluded
non-compliance of the product with the contract
In the case of individual reconciliation of the Product's properties, it is presumed that it complies with the Sales Agreement if it corresponds to the description provided by the Seller or has the characteristics of the sample or design shown to the Customer, and when it is suitable for the purpose determined by the Customer at the conclusion of the Sales Agreement, unless the Seller he expressed reservations about the purpose of the Product.
In cases not covered by the above cases, it is presumed that the Product complies with the Sales Agreement if it is suitable for the purpose for which this type of Product is normally used, and when its properties correspond to the characteristics of the Product of this type. The same presumption is assumed when the Product meets the expectations regarding the Product of this type, based on the public assurances of the Seller, the producer or its representative; in particular, the assurances expressed in the Product labeling or advertisement referring to the Product's properties, including the date by which the Product is to retain them, are taken into account.
The assurance of the manufacturer is the assurance of the person who introduces the Product to domestic trade in the scope of his business and the person who acts as the producer by placing his name, trademark or other distinguishing mark on the Product.
The non-compliance of the Product with the Sales Agreement is also considered an irregularity in its installation and commissioning, if these activities were performed under the Sales Agreement by the Seller or by the person for whom he is responsible, or by the customer according to the instructions received during the sale. release the Seller from liability
The seller is not responsible for the non-compliance of the Product with the Sales Agreement, if the customer knew about this incompatibility or, judging sensibly, he should have known. The seller is not bound by the assurance referred to in art. 4, if he showed that he did not know the assurance or, judiciously, he could not know or that it could not affect the decision of the buyer to conclude the contract, or that its content was corrected before the contract was concluded
The Seller is liable to the Customer if the product sold has a physical or legal defect (warranty). physical defect
The Seller is liable under the warranty for physical defects that existed at the time of transfer of danger to the Customer or resulted from the reason inherent in the sold Product at the same time
A physical defect is the incompatibility of the sold Product with the Sales Agreement. In particular, the product sold is inconsistent with the Sales Agreement if:
If the Customer is a consumer, the Seller's public assurances of the producer or his representative, the person who places the Product on the market in the scope of his business, and the person who by placing the name, trademark or other distinctive sign on the sold product is treated as the Seller's assurance he presents himself as a producer.
The Product sold has a physical defect also in case of improper installation and commissioning, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by the Customer who followed the instructions received from the Seller. Legal defect
The Seller is liable to the Customer if the product sold is owned by a third party or if it is encumbered with the right of a third party, and if the limitation in the use or disposal of the Product results from a decision or ruling of the competent authority; if the law is sold, the seller is also responsible for the existence of the law. release the Seller from liability
The seller is exempt from liability under the warranty if the customer knew about the defect at the time of conclusion.
The Seller is liable under the warranty for physical defects that existed at the time of transfer of danger to the Customer or resulted from the reason inherent in the sold Product at the same time
A physical defect is the incompatibility of the sold Product with the Sales Agreement. In particular, the product sold is inconsistent with the Sales Agreement if:
- does not have properties that the product of this type should have due to the purpose in the Sales Agreement marked or resulting from circumstances or destination;
- does not have properties that the Seller has provided for the Customer, including a sample or design;
- is not suitable for the purpose of which the Customer informed the Seller at the conclusion of the Sales Agreement, and the Seller did not raise any objections to such a destination;
- has been delivered to the customer incomplete.
If the Customer is a consumer, the Seller's public assurances of the producer or his representative, the person who places the Product on the market in the scope of his business, and the person who by placing the name, trademark or other distinctive sign on the sold product is treated as the Seller's assurance he presents himself as a producer.
The Product sold has a physical defect also in case of improper installation and commissioning, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by the Customer who followed the instructions received from the Seller. Legal defect
The Seller is liable to the Customer if the product sold is owned by a third party or if it is encumbered with the right of a third party, and if the limitation in the use or disposal of the Product results from a decision or ruling of the competent authority; if the law is sold, the seller is also responsible for the existence of the law. release the Seller from liability
The seller is exempt from liability under the warranty if the customer knew about the defect at the time of conclusion.
Main Page