Liability for defects of products
- The Seller is liable towards the Client if the product he sold has physical defect (warranty).
- Physical defect consists in the non-conformance of the product sold to the contract provisions. In particular, the object sold is unconformable to the contract if:
- a) it has no properties that the object of this type should have due to the purpose indicated in the contract or resulting from circumstances or from the purpose;
- b) it has no properties that it should have according to the Seller's assurance supported with the sample or the specimen;
- c) it is not suitable for the purpose on which the Seller was informed by the Client at the date of the contract, and the Seller did not make any reservation as to this specific purpose;
- d) it was handed over to the Buyer in the incomplete condition.
The Seller is responsible for the non-conformance of the product to the contract only in case the non-conformance was identified before the lapse of two years from the date of product's delivery to the Client. The time limit starts again in the case of exchange of defective commodity. In case the product is unconformable to the contract, the Client is obliged to send the information on this non-conformance to the Seller's address referred to in Chapter 1 § 1 of the Regulations, not later than within one year from the date of identification of the non-conformance. In order to meet the deadline, it is enough to send the information (declaration) before the lapse of the time limit. The Client is obliged to make the written description of the identified non-conformance of the Product to the contract and to indicate the scope of the claim (see point 5). If the product sold has a defect, the Client has the right to:
- claim the replacement of the product with the one free of defects,
- claim the removal of the defect,
- claim the decrease in price,
- withdraw from the contract unless the Seller, immediately and without excessive inconveniences for the Client, replaces the defected product with the one free of defects or removes the defect.
The Seller is obliged – at his own cost – to replace the defective product or to remove the defect in reasonable time without excessive inconveniences to the Client. It is accepted that the respective time limit amounts to 14 days. In the case of identification of defects or non-conformance of the product to the contract, the Client may submit his written complaint or send back the claimed product to the address: ALERGSOVA Magdalena Gruszczyńska, Puławska 34, 05-500 Piaseczno. The Client who sends back the claimed Product to the Seller is obliged to attach the written declaration containing the following data: data of the complainer – full name, correct home address, e-mail address, date of purchase of the Product, name of the Product, purchase price, detailed description of the defect and circumstances of its identification, claims of the complainer. Submitting the complaint, the Client is also obliged to attach the purchase receipt – preferably the original or the copy of the VAT invoice. The Complaint Form constitutes Annex No.6 to these Regulations. In case of any doubts connected with the procedure of submitting complaints, the Client may receive respective guidelines at the telephone number: +48 602 27 41 43 (cost of connection according to the rate of the Client's operator).
Consumer's withdrawal from the contract
- According to art. 27 of the law of 30 May, 2014, on consumer rights (Journal of Laws, entry 827), The Client who bought the commodity from the distance – in the Internet shop – has the right to cancel the contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day on which the Client acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
- To exercise the right to cancel, the Client must inform the Seller (ALERGSOVA Magdalena Gruszczyńska, Puławska 34, 05-500 Piaseczno, tel. +48 602 274 143, firstname.lastname@example.org) of your decision to cancel the contract by a clear statement (e.g. letter send by post, fax mail or by e-mail). You may use the attached model cancellation form that constitutes Annex No.3 to the Regulations of the Internet Shop www.sklep.alergsova.pl, but it is not obligatory.
- To meet the cancellation deadline, it is sufficient for the Client to send the communication concerning your exercise of the right of cancel before the cancellation period has expired.
- If the Client cancel this contract, the Seller will reimburse to you all payments received from the Client, including the costs of delivery (except for the supplementary costs arising if the Client chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which the Seller are informed about your decision to withdraw from this contract.
- The Seller will make the reimbursement using the same means of payment as you used for the initial transaction, unless the Client have expressly agreed otherwise; in any event, the Client will not incur any fees as a result of such reimbursement. The Seller may withhold reimbursement until the we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
- The Client shall send back the goods or hand them over to the Seller’s address (ALERGSOVA Magdalena Gruszczyńska, Puławska 34, 05-500 Piaseczno, tel. +48 602 274 143, email@example.com), without undue delay and in any event not later than 14 days from the day on which the Client communicate your withdrawal from this contract to us. The deadline is met if the Client send back the goods before the period of 14 days has expired. The Client will have to bear the direct cost of returning the goods. The Client is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- The right to cancel the contract does not apply to the contract for the supply of goods that are made to the consumer’s specifications or are clearly personalized (Individual Order).
Guarantee at the sale
- Products carry the guarantee of the producer on the territory of the Republic of Poland / European Union. Detailed terms of its implementation are stipulated in the Guarantee Card attached to the purchased Product.
- The Guarantee document constitutes Annex No.7 to these Regulations.