A product is considered to be in conformity with the contract if it has, in particular, the following characteristics: a) Description, type, quantity, quality, completeness and functionality, and in the case of products with digital elements - compatibility, interoperability and availability of updates. b) Suitability for a specific purpose, about which the Customer or the Entrepreneur with the Customer's rights informed the Seller at the latest at the time of conclusion of the contract, and which the Seller accepted.
Furthermore, for a product to be considered in conformity with the contract, it must meet the following conditions: a) Be suitable for the purposes for which products of this type are normally used, having regard to applicable legal provisions, technical standards or good practices. b) Have the appropriate quantity and features, including durability and safety, and in the case of products with digital elements, functionality and compatibility, typical of products of this type, which the Customer or the Entrepreneur with the Customer's rights can reasonably expect, taking into account the nature of the product and public statements of the Seller, its legal predecessors or persons acting on their behalf, especially in advertising or on labels, unless the Seller demonstrates that: a. He was not aware of such public statement and could not reasonably have known about it. b. Before concluding the contract, the public declaration was corrected in accordance with the conditions and form in which it was originally submitted or in a comparable manner. c. The public statement did not influence the decision of the Customer or the Entrepreneur with the Customer's rights to conclude the contract. c) Be supplied with packaging, accessories and instructions that the Customer or the Trader with the Customer's rights could reasonably expect to be provided. d) Be of the same quality as the sample or pattern provided by the Seller to the Customer or the Entrepreneur with the Customer's rights before concluding the contract and correspond to the description of such sample or pattern. e) Be supplied with accessories and instructions that the Customer or the Entrepreneur with the Customer's rights can reasonably expect to be supplied. f) Be consistent with the trial version or announcement provided to the Customer or the Entrepreneur with the Customer's rights by the Seller before concluding the contract.
The Seller is not liable for non-compliance of the product with the contract to the extent specified in §9 section 2, if the Customer or the Entrepreneur with the Customer's rights has been clearly informed at the latest at the time of concluding the contract that a specific feature of the product deviates from the requirements for compliance with the contract specified in §9 section 2, and has expressly and separately accepted the absence of this specific product feature.
The Seller is liable for non-compliance of the product with the contract resulting from improper installation of the product if: a) The installation was carried out by the Seller or under its responsibility. b) Incorrect installation carried out by the Customer or the Entrepreneur with the Customer's authorization resulted from errors in the instructions provided by the Entrepreneur or a third party.
The Seller is liable for any non-compliance of the product with the contract, which exists at the time of delivery of the product and becomes apparent within two years from that moment, unless the shelf life of the product, specified by the Seller, its legal predecessors or persons acting on their behalf, is longer. Any non-conformity of the product with the contract which becomes apparent within two years from the date of delivery of the product is presumed to have already existed at the time of delivery, unless it is proven otherwise or such presumption is incompatible with the nature of the product or the nature of the non-conformity with the contract.
The Seller cannot invoke the expiry of the period for determining the non-conformity of the product with the contract, specified in §9 section 5 if he deliberately concealed this discrepancy.
If the product is inconsistent with the contract, the Customer or the Entrepreneur with the Customer's rights may demand its repair or replacement.
The Seller may make a replacement when the Customer or an Entrepreneur with the Customer's rights requests a repair, or the Seller may make a repair when the Customer or an Entrepreneur with the Customer's rights requests a replacement, if it is impossible to bring the product into compliance with the contract in the manner chosen by the Customer or an Entrepreneur with the Customer's rights. or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the product into compliance with the contract.
When assessing excessive costs for the Seller, all circumstances of the case are taken into account, in particular the significance of the product's non-compliance with the contract, the value of the product consistent with the contract and excessive inconvenience for the Customer or the Entrepreneur with the Customer's rights resulting from a change in the method of bringing the product into compliance with the contract.
The Seller shall repair or replace within a reasonable time from the moment when the Seller was informed by the Customer or the Entrepreneur with the Customer's rights about the non-compliance of the product with the contract, and without undue inconvenience to the Customer or the Entrepreneur with the Customer's rights, taking into account the specificity of the product and the purpose for which the Customer or the Entrepreneur with the rights of the Customer has acquired it. The costs of repair or replacement, including postage, freight, labor and materials, are the responsibility of the Seller.
The Customer or the Entrepreneur with the Customer's rights makes the Product available to the Seller subject to repair or replacement. The Seller collects the Product from the Customer or Entrepreneur with the Customer's rights at his own expense.
If the Product was installed before the product's non-compliance with the contract was discovered, the Seller dismantles the Product and reassembles it after repair or replacement, or commissions these activities to be performed at its own expense.
The Customer or the Entrepreneur with the Customer's rights is not obliged to pay for the ordinary use of the Product that has subsequently been replaced.
If the Product is inconsistent with the contract, the Customer or the Entrepreneur with the Customer's rights may submit a declaration of price reduction or withdrawal from the contract when: a) the Seller refused to bring the Product into compliance with the contract in accordance with §9 section 8 above. b) The Seller did not bring the Product into compliance with the contract in accordance with §9 section 10 to §9 section 12 above. c) The non-conformity of the Product with the contract still exists, even though the Seller has tried to bring the Product into compliance with the contract. d) The non-conformity of the Product with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first using the protection measures specified in §9 section 7 to §9 section 12 above. e) It is clear from the Seller's statement or circumstances that the Seller will not bring the Product into compliance with the contract within a reasonable time or without undue inconvenience to the Customer or the Entrepreneur with the Customer's rights.
The Seller is obliged to respond to the Customer's complaint within 14 days from the date of its receipt.
The Seller returns to the Customer or the Entrepreneur with the Customer's rights the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the declaration of the Customer or the Entrepreneur with the Customer's rights regarding the price reduction.
The Customer or the Entrepreneur with the Customer's rights may not withdraw from the contract if the non-compliance of the Product with the contract is immaterial. It is assumed that the non-compliance of the Product with the contract is material.
If the non-compliance with the contract applies only to some Products delivered under the contract, the Customer or the Entrepreneur with the Customer's rights may withdraw from the contract only in relation to these Products, as well as other Products purchased by the Customer or the Entrepreneur with the Customer's rights together with the Products inconsistent with the contract, if the Customer or the Entrepreneur with the Customer's rights cannot reasonably be expected to agree to retain only the Products that comply with the contract.
In the event of withdrawal from the contract, the Customer or the Entrepreneur with the Customer's rights shall immediately return the Product to the Seller at the Seller's expense. The Seller returns the price to the Customer or the Entrepreneur with the Customer's rights immediately, no later than within 14 days from the date of receipt of the Product or proof of its return.
The Seller refunds the price using the same method of payment as used by the Customer or the Entrepreneur with the Customer's rights, unless the Customer or the Entrepreneur with the Customer's rights has expressly agreed to a different method of return that does not involve any costs for him.
The Seller does not use out-of-court resolution of disputes referred to in the Act of September 23, 2016 on out-of-court resolution of consumer disputes.
With respect to Products with digital elements, the Seller is liable for the non-compliance of the digital content or digital service provided continuously, which occurred or became apparent at the time when, in accordance with the contract, they were to be delivered. This period cannot be shorter than two years from the date of delivery of the Product with digital elements. It is assumed that the non-compliance of the digital content or digital service with the contract occurred at that time if it became apparent at that time.
The Seller is liable for the incompatibility of the Products with digital elements to the extent regulated in §9 section 2 letter e, which occurred within the time specified in this provision.
