Complaints

The Seller is liable to the Consumer/ of a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the CEIDG provisions, liability for non-conformity of the goods with the contract pursuant to the provisions of chapter 5a the act on consumer rights. For contracts requiring the transfer of ownership of goods to a consumer/natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person, including in particular sales contracts , delivery contracts and contracts for a work being goods, the provisions of Book Three, Title XI, Section II of the Act of 23 April 1964 - Civil Code shall not apply.

2. The goods are compliant with the contract if, in particular, their:

are compliant with the contract:

description, type, quantity, quality, completeness and functionality, and for goods with digital elements - also compatibility, interoperability and availability of updates;
suitability for a specific purpose for which it is needed by the Consumer/natural person concluding a contract directly related to his business activity, when the content of this contract shows that he has no this person's professional nature, about which the Consumer/natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person, notified the Seller at the latest at the time of concluding the contract and which the Seller has accepted.

3. In addition, in order to be considered compliant with the contract, the goods must:

be fit for the purposes for which goods of this type are usually used, taking into account applicable laws, technical standards or good practices;
to be present in such quantity and have such features, including durability and safety, and in relation to goods with digital elements - also functionality and compatibility, which are typical for this type of goods and which the Consumer/natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional nature for that person, may reasonably expect, taking into account the nature of the goods and the public assurance provided by the Seller, his legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller proves that:
1. didn't know about the public assurance in question, and judging reasonably, couldn't have known about it,
2. before the conclusion of the contract, the public assurance was rectified in the terms and form in which the public assurance was given, or in a comparable manner,
3. public assurance did not affect the decision of the Consumer/natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person to conclude contracts;
be delivered with packaging, accessories and instructions, which must be provided by the Consumer/natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have professional character of this person can reasonably be expected;
be of the same quality as the sample or pattern that the Seller has made available to the consumer/natural person concluding a contract directly related to its business activity, when the content of this contract states that that it is not of a professional nature for that person prior to the conclusion of the contract, and correspond to the description of such sample or model.

4. The seller is not responsible for the non-compliance of the goods with the contract to the extent referred to in paragraph 3, if the Consumer / natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person, at the latest at the time of concluding the contract, he was clearly informed that a specific feature of the goods deviates from the requirements of compliance with the contract set out in section 3, and explicitly and separately accepted the lack of a specific feature of the goods.

5. The seller is liable for the lack of conformity of the goods with the contract resulting from improper installation of the goods, if:

was carried out by the Seller or on his responsibility;
improper installation carried out by the Consumer/natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for this person, resulted from errors in instructions provided by the trader or a third party.

6. The seller is responsible for the lack of conformity of the goods with the contract existing at the time of delivery and revealed within two years from now on, unless the expiry date of the goods specified by the seller, his legal predecessors or persons acting on their behalf is longer. It is presumed that the lack of conformity of the goods with the contract, which was revealed before the expiry of two years from the delivery of the goods, existed at the time of delivery, unless proven otherwise or the presumption cannot be reconciled with the specificity of the goods or the nature of the lack of compliance of the goods with the contract.

7. The seller may not invoke the expiry of the time limit for determining the non-conformity of the goods with the contract specified in paragraph 6, if this deficiency was deceitfully concealed.

8. If the goods are inconsistent with the contract, the Consumer/ a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person may request its repair or replacement.

9. The Seller may make an exchange when the Consumer/a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person requests repair or the Seller may make repairs when the Consumer/ a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for this person demands a replacement if bringing the goods into conformity with the contract in a manner chosen by the Consumer/ a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person 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 compliance with the contract.

10. When assessing the excess of costs for the Seller, all circumstances of the case are taken into account, in particular the significance of the lack of conformity of the goods with the contract, the value of the goods in accordance with the contract and excessive inconvenience to the Consumer/ a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person resulting from a change in the way of bringing the goods into compliance with agreement.

11. The sellerarepairs or replaces ita< at any time from the time whenóthe Seller wasl informed by the Consumer/ a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it has no of a professional nature about non-compliancewthose with the contracta, and without undue inconveniencesci for the Consumer/ of a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person, includeadayac the specificity of of the goods and the purpose for which the Consumer/ natural person concluding the contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person acquired /a. Repair or replacement costs, including in particular span>ci costslpostage, freight, labor and materialbó ;w, shall be borne by the Seller.

12. Consumer/ a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person provides the Seller with goods subject to repair or replacement. Seller collects the goods from the Consumer at his own expense.

13. If the goods were installed before the non-conformity of the goods with the contract was revealed, the Seller disassembles the goods and re-assembles them after repair or replacement, or has these activities performed at its own expense.

14. Consumer/ a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person is not obliged to pay for the ordinary use of the goods, which were then replaced.

15. If the goods are inconsistent with the contract, the Consumer/ a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person may submit a statement on price reduction or withdrawal from the contract when:

1) The seller refused to deliver the goods for compliance with the contract in accordance with paragraph 9;

2) The seller did not bring the goods to compliance with the contract in accordance with sec. 11-13;

3) the lack of conformity of the goods with the contract occurs still, even though the Seller tried to bring the goods into compliance with the contract;

4) non-compliance of the goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the protection measures specified in section 8-14;

5) from the Seller's statement or circumstances clearly it follows that it will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer/ of a natural person concluding a contract directly related to its business activity, when from the content of this the contract shows that it is not professional for this person.

16. The reduced price must be in such proportion to the price resulting from the contract, in which the value of the non-conforming goods remains to the value of the goods in accordance with the contract.

17. The Seller returns to the Consumer/ a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person the amounts due as a result of exercising the right to reduce the price immediately, not later than within 14 days from the date of receipt of the statement on price reduction.

18. Consumer/ a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial. It is presumed that the lack of conformity of the goods with the contract is significant.

19. If the lack of conformity with the contract applies only to some goods delivered under the contract, the Consumer/ natural person concluding a contract directly related to its business activity, when the content of this contract that it is not professional for this person may withdraw from the contract only in relation to these goods, as well as in relation to other goods purchased by the Consumer/ a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person together with non-conforming goods, if it cannot be reasonably expected that the Consumer/ a natural person concluding a contract directly related to its business activity, when from the content of this the contract shows that it is not of a professional nature for this person has agreed to retain only the goods in accordance with the contract.

20. In the event of withdrawal from the contract, the Consumer/ natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person immediately returns the goods to the Seller at his expense. The seller returns the price immediately, not later than within 14 days from the date of receipt of the goods or proof of sending them back.

21. The Seller refunds the price using the same method of payment as was used by the Consumer/ a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have for that person, unless the Consumer/ a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for this person has expressly agreed to a different method of return, which is not binding for him /span>

22. Consumer/ a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person may refrain from paying the price until the Seller performs the obligations under paragraph 8 - 21 of this paragraph.

23. Complaint filed by a Consumer/natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person, may be submitted in any form. Please direct your complaint to el12 sp. z o.o. as the owner of the shop. Complaints can be submitted to Przedsiębiorstwo el12 sp. z o.o., ul. St. Anny 5, 45-117 Opole, send by post to the address: Przedsiebiorstwo el12 sp. z o.o., ul. St. Anny 5, 45-117 Opole, send to the e-mail address esklep@el12.pl ,nphone number: (+48) 609 697 377.

24. A complaint can be submitted using the complaint form available on the website of the online store. The complaint form is only an example that the Consumer does not have to use or follow to submit a complaint.

25. It is recommended to provide in the description of the complaint: contact details of the complainant, details of the goods under complaint, description of the defect, type and date of the defect, and indication of the request of the person lodging the complaint. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

26. The Seller will consider complaints of a Consumer/natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person within 14 days from the date of its receipt. A consumer/natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person, will be informed about the method of considering the complaint in accordance with the data indicated in the complaint.

Downloadable template in pdf format

The presented model complaint form is only an example that you do not have to use or follow.