The legal basis and scope of the Seller’s liability to the Customer if the sold Product has a physical or legal defect (warranty) are set out in the provisions of the Civil Code Act, in particular Art.
556 et seq. of the Civil Code.
The seller is responsible to the customer under the warranty , if the sold thing (goods) has a physical or legal defect.
A physical defect consists in non-compliance of the sold thing (goods) with the contract.
A complaint may be submitted by the customer in writing COMPLAINT FORM To the address: EJLAK SP Z O.O. ul.
Wojska Polskiego 28/3 58-500 Jelenia Góra, or by e-mail to sklep@ejlak.com.
If the complaint concerns the Product, it is advisable to deliver it to the Seller together with the complaint, in order to enable the Seller to examine the Product.
When filing a complaint, please provide the following data: the Customer’s name, address, data allowing identification of the sale (e.g. login, order number, date of transaction), subject and reason for the complaint, contact information.
In case the sold Product has a defect, the Customer may:
make a statement about reducing the Price or withdrawing from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective Product with a defect-free one or removes such defect.
The reduced price should be in such proportion to the price under the contract as the value of the Product with the defect remains to the value of the Product without the defect.
The customer may not withdraw from the contract if the defect in the Product is insignificant;
demand replacement of the Product with a defect-free one or removal of the defect.
The Seller shall be obliged to replace the defective Product with a defect-free one or remove the defect within a reasonable time without undue inconvenience for the Customer; with the reservations and under the rules set forth in the relevant provisions of the Civil Code.
The Client may, instead of the removal of the defect proposed by the Seller, demand the replacement of the Product with a defect-free one, or instead of the replacement of the Product, demand the removal of the defect, unless bringing the Product into conformity with the agreement in the way chosen by the Client is impossible or would require excessive costs in comparison with the way proposed by the Seller.
When assessing the excessiveness of costs, the value of the Product free from defects, the type and significance of the defect found, as well as the inconvenience to which the Customer would be exposed by another way of satisfaction shall be taken into account.
It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for a method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Seller.
The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
The Seller will respond to the Customer’s complaint immediately, but no later than within 14 days of receipt.
If the Customer has requested replacement of the item or removal of the defect, or has made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days from the date of its receipt, it is considered that the Seller has recognized the request as justified.
The Seller shall be liable under the warranty if a physical defect is discovered before the expiration of two years from the date of delivery of the Product to the Customer.
The claim for removal of the defect or replacement of the Product with a defect-free one year from the date of discovery of the defect, but in the case of an Order placed by a Consumer – the course of the limitation period cannot end before the expiration of the period referred to in the first sentence.
