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Complaints - non-compliance of the Goods with the Contract
1. The Seller shall be liable to the Orderer - Consumer if the Goods at the time of their release are inconsistent with the Contract. The Ordering Party - Consumer acknowledges that in the event that the non-conformity is found before the expiration of one year from the issuance of the Goods, it shall be presumed that it existed at the time of issuance.
2. In the event of finding the non-conformity of the Goods with the Contract, the Ordering Party shall submit a complaint to the Seller.
3. In order to enable the Seller to respond to the concerns of the Ordering Party, the complaint should:
a) be submitted in writing or sent by mail to the Vendor's address specified in Chapter XII, item. 2 of these Regulations or to the e-mail address Sprzedawcy:kontakt@behide.pl,
b) specify the reason for the complaint and indicate the scope of the Purchaser's request;
c) include the attached proof of purchase (e.g. receipt, bill or invoice) - which, however, is not a condition for its consideration;
d) indicate the method of responding to the complaint - a written response or via e-mail;
e) be signed and contain the current data of the Purchaser, including the bank account number to which any refund of the price or the difference remaining after its reduction would be made.
4. The Seller shall consider the complaint within 14 days from the date of its receipt. Within the period referred to in the preceding sentence, the Seller shall respond to the Purchaser's complaint by sending a written or e-mail response to the address provided by the Purchaser in the complaint.
5. If the Seller accepts a complaint regarding non-compliance of the Goods with the Contract, the Seller shall immediately and without undue inconvenience to the Purchaser, replace the Goods with defect-free Goods or remove the defect. Otherwise, the Ordering Party shall have the right to submit a statement of price reduction or withdrawal from the Contract. The Purchaser may not withdraw from the Contract if the defect is insignificant.
6. The Seller shall be liable for non-compliance of the Goods with the Contract only if it is found before the expiry of two years from the release of the Goods to the Purchaser.
7. In the case of the Purchaser, who is not a Consumer, he loses his rights under the non-compliance of the Goods with the Contract, if he did not inspect the Goods at the time and in the manner usual for things of this kind and did not notify the Seller of the defect immediately, ie. no later than within 3 days of receipt of the Goods, and in the event that the defect came to light only later - if he did not notify the Seller immediately after its discovery.
8. The Seller shall not be liable for any consequences resulting from the behavior of the Purchaser towards third parties, for whose behavior the Seller is not responsible under the law.
9. The Seller shall refund payments in Polish currency using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
10. In the event that the Seller has not recognized the complaint of the Consumer and the Consumer does not agree with the Seller's decision, the Consumer may request mediation or settlement from the Permanent Arbitration Consumer Court (""Arbitration Court""), operating at the relevant Regional Inspectorate of Trade Inspection.
11. The case to the Court of Arbitration may be brought by a Consumer, but also by an Ordering Party who is not a Consumer, by submitting an appropriate application (depending on the chosen method of settlement of the case, it may be an application to initiate and conduct mediation or to have the case heard by the Court of Arbitration) to the locally competent Provincial Inspectorate of Trade Inspection.
13. The application forms referred to in the paragraph above are available on the websites of the Provincial Inspectorates of the Trade Inspection, a list of which with contact details can be found at www.uokik.gov.pl.
14. Resolution of the dispute as a result of the mediation procedure is voluntary and is not subject to administrative or judicial enforcement; it is not subject to appeal. Resolution of a dispute as a result of mediation shall not affect the possibility of referring the case for settlement by a common court or a Court of Arbitration.
15. If the case is referred for settlement by a Court of Arbitration, the settlement agreement and judgments issued by the Court of Arbitration shall have the force of a judgment of a common court. A complaint may be filed against the verdict issued by the Court of Arbitration in the common court. If the Parties conclude a settlement before the Court of Arbitration, the Parties may not challenge it.
16. The Ordering Party, being a Consumer, may also seek assistance from the Municipal or District Consumer Ombudsman or the relevant Consumer Federation in the area. Information about the Consumer Federation can be found at: www.federacja-konsumentów.org.pl.