Returns and complaints

To file a claim or return, follow the steps below:

1. Report a return or complaint
Before making a return or complaint, it is very important to contact us by phone or e-mail to present the problem.

2 Filling out the return/reclaim form
Fill out the return/reclaim form and place it inside the package. The form can be downloaded below:
Download the return form

3 Sending back the product
When making a complaint or return, please send back the product together with the return/complaint form and a copy of the invoice.

4. Shipping
Complained/returned product should be sent to the address:

Borys Głód
Pl. Obr. Westerplatte 6/9
34-100 Wadowice
biuro@idachy.com
tel. 799 189 512

5 Complaint processing deadline
The deadline for processing a claim is 14 calendar days from the date of its submission. Immediately after reviewing the complaint, the customer will be informed of the outcome by email or telephone.

Return of goods:
In accordance with the Law on Protection of Certain Consumer Rights and Liability for Damage Caused by a Hazardous Product of March 2, 2000 (Journal of Laws of 2000, No. 22, item 271 as amended), the Customer has the right to withdraw from the contract, without giving reasons, by making a statement in writing within 14 calendar days starting from the date of receipt of the Products.

The right of withdrawal from a contract concluded off-premises or at a distance does not apply to the Consumer for contracts:

1. for the provision of services, if the entrepreneur has performed the service in full with the express consent of the consumer, who was informed before the performance, that after the performance by the entrepreneur will lose the right to withdraw from the contract,
2. in which the price or remuneration depends on fluctuations in the financial market over which the trader has no control and which may occur before the expiration of the deadline for withdrawal,
3. in which the object of performance is a non-refabricated item, produced to the consumer’s specifications or serving to meet his individualized needs,
4. in which the object of performance is an item that is perishable or has a short shelf life,
5. in which the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery,
6. in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things,
7. in which the consumer expressly requested that the trader come to him for urgent repair or maintenance; if the trader additionally provides services other than those requested by the consumer, or provides items other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with respect to the additional services or items,
8. concluded through a public auction.

To withdraw from the contract and return the product purchased from us, please fill out the form and send it to our address along with the returned product(s). In order to comply with the withdrawal period, it is sufficient for you to send information on the exercise of your right of withdrawal before the expiration of the applicable period. The form can be sent by mail, fax or e-mail.

You can use the model withdrawal form, but it is not mandatory.

Address for returning the purchased product(s):

Borys Głód
Pl. Obr. Westerplatte 6/9
34-100 Wadowice
biuro@idachy.com
tel. 799 189 512

Please also include in the package with the form and the returned product(s) all accessories received with it/they and the receipt or invoice.

Civil Code – sales, art. 535-581 cc

CHAPTER I

General provisions

Art. 535. § 1. By the contract of sale, the seller undertakes to transfer ownership of the thing to the buyer and deliver the thing to him, and the buyer undertakes to receive the thing and pay the price to the seller.

Art. 536. § 1. The price can be determined by indicating the basis for its determination.

§ 2. If it appears from the circumstances that the parties had in mind the price accepted in relations of a given kind, it shall be construed in case of doubt that the price in question was the price at the place and time at which the thing is to be delivered to the buyer.

Art. 537. § 1. If there is an ordinance in force at the place and time of the conclusion of the contract of sale, according to which only a strictly specified price (a fixed price) may be paid for things of a particular kind or species, this price shall bind the parties regardless of what price they have agreed upon in the contract.

§ 2. The seller, who received a price higher than the fixed price, is obliged to return the difference collected to the buyer.

§ 3. A buyer who, according to the contract, was to pay a price lower than the fixed price, and who consumed or resold the thing at a price calculated on the basis of the contract price, is obligated to pay the fixed price only if he knew the fixed price before consuming or reselling the thing or could have known it with due diligence. The buyer, who has not used up or resold the thing, may withdraw from the contract.

Art. 538. If there is an ordinance in effect at the place and time of the conclusion of the contract of sale, according to which a price higher than the specified price (maximum price) may not be paid for things of a certain type or species, the buyer shall not be obliged to pay the higher price, and the seller who received the higher price shall be obliged to return the difference collected to the buyer.

Art. 539. If there is an ordinance in force at the place and time of the conclusion of the contract of sale, according to which a price lower than the specified price (minimum price) may not be paid for things of a certain type or species, the seller who received the lower price shall have a claim for the surcharge of the difference.

Art. 540. § 1. If the competent state authority has determined how the seller is to calculate the price for things of a particular kind or species (the resulting price), either the provisions on the fixed price or the provisions on the maximum price shall apply, depending on the characteristics of such price.
§ 2. In the event of a dispute over the correctness of the calculation of the resulting price, the price will be determined by the court.

Art. 541. The seller’s claim under the provisions of a fixed, maximum, minimum or resultant price for payment of the price difference, as well as the buyer’s claim for reimbursement of the difference, is time-barred one year from the date of payment.

Art. 543. Displaying an item at a place of sale to the public with a price tag is considered an offer for sale.

Art. 543(1) § 1. If the buyer is a consumer, the seller shall immediately deliver the thing to the buyer, no later than thirty days from the date of conclusion of the contract, unless the contract provides otherwise.

§ 2. If the seller is delayed, the buyer may set an additional period of time for delivery of the item, and upon the ineffective expiration of this period, the buyer may withdraw from the contract. The provisions of Art. 492, Art. 492(1) and Art. 494 shall apply.

Art. 544. § 1. If the thing sold is to be shipped by the seller to a place that is not the place of performance, delivery shall, in case of doubt, be deemed to have been effected when, in order to deliver the thing to its destination, the seller entrusted it to a carrier engaged in the carriage of goods of that kind.

§ 2. However, the buyer is obliged to pay the price only after the item arrives at its destination and after the buyer has had an opportunity to examine the item.

Art. 545. § 1. The manner of delivery and receipt of the sold thing should ensure its wholeness and integrity; in particular, the manner of packaging and transportation should correspond to the characteristics of the thing.

§ 2. If the sold thing is sent to its destination through a carrier, the buyer is obliged to examine the shipment at the time and in the manner usual for shipments of this kind; if he finds that there was a loss or damage to the thing during carriage, he is obliged to do all things necessary to determine the carrier’s liability.

Art. 546. § 1. The seller is obliged to provide the buyer with the necessary explanations of the legal and factual relations of the item before the conclusion of the contract.

§ 2. The seller is obliged to release the documents in his possession that relate to the item. If the contents of such a document also apply to other things, the seller is obliged to issue a certified extract of the document. In addition, if it is necessary for the proper use of the thing for its intended purpose, the seller is obliged to include instructions and provide explanations on how to use the thing.

Art. 546(1). § 1. If the buyer is a consumer, the seller is obliged to provide him before the conclusion of the contract with clear, understandable and not misleading information in Polish, sufficient for the proper and full use of the thing sold. In particular, the following should be given: the type of thing, the identification of its manufacturer or importer, the safety mark and the mark of conformity required by separate regulations, information on the admission to trading in the Republic of Poland and, according to the type of thing, the determination of its energy intensity, as well as other data indicated in separate regulations.

§ 2. If the thing is sold in a unit package or in a set, the information referred to in § 1 should be on the sold thing or be permanently connected to it. In other cases, the seller is obliged to display information at the place of sale, which may be limited to the type of the item, its main functional feature and the indication of the manufacturer or importer of the item.

§ 3. The seller is obliged to provide at the place of sale adequate technical and organizational conditions for the selection of the sold thing and checking its quality, completeness and functioning of the main mechanisms and basic components.

§ 4. At the request of the buyer, the seller is obliged to explain the meaning of individual provisions of the contract.

§ 5. The seller is obliged to issue to the buyer, together with the sold thing, all elements of its equipment, as well as instructions for use, maintenance and other documents required by separate regulations, drawn up in Polish.

Art. 547. § 1. If neither the contract nor the orders determining the price indicate who bears the costs of delivery and collection of the item, the seller bears the costs of delivery, in particular the costs of measuring or weighing, packaging, insurance for the time of transportation and the costs of shipping the item, and the costs of collection are borne by the buyer.

§ 2. If the item is to be shipped to a place that is not the place of performance, the insurance and shipping costs shall be borne by the buyer.

§ 3. Costs not mentioned in the preceding paragraphs shall be borne by both parties half each.

Art. 548. § 1. Upon delivery of the sold thing, the benefits and burdens of the thing are transferred to the buyer, as well as the danger of accidental loss of or damage to the thing.

§ 2. If the parties have stipulated a different moment for the transfer of benefits and burdens, it shall be understood, in case of doubt, that the danger of accidental loss of or damage to the thing passes to the buyer at the same moment.

§ 3. If the thing sold is to be sent by the seller to a buyer who is a consumer, the danger of accidental loss of or damage to the thing passes to the buyer as soon as it is delivered to the buyer. Delivery of an item is considered to be its entrustment by the seller to a carrier, if the seller did not influence the buyer’s choice of carrier. Provisions less favorable to the buyer are invalid.

Art. 549. If the buyer has reserved the designation of the shape, dimension or other characteristics of the thing, or the date and place of delivery, and is in default in making the designation, the seller may:

1) exercise the rights that the creditor has in the event of the debtor’s delay in meeting the consideration, or
2) make the designation itself and make it known to the buyer by setting a reasonable time limit for the buyer to make a different designation; upon the ineffective expiration of the set time limit, the designation made by the seller shall become binding on the buyer.

Art. 550. If exclusivity has been reserved to the buyer in the sales contract either so that the seller will not supply items of a certain type to others or so that the buyer will be the sole reseller of the purchased items in the designated area, the seller may not, to the extent that exclusivity has been reserved, either directly or indirectly enter into sales contracts that could violate the buyer’s exclusivity.

Art. 551. § 1. If the buyer is in default in taking delivery of the thing sold, the seller may give the thing for safekeeping at the expense and peril of the buyer.

§ 2. The seller may also sell the thing for the buyer’s account, but should first give the buyer an additional period of time to take it back, unless setting a deadline is not possible or the thing is in danger of spoiling or would otherwise be in danger of damage. The seller is obliged to immediately notify the buyer of the sale.

Art. 552. If the buyer is in delay with the payment of the price for the delivered part of the sold items, or if, due to the buyer’s financial condition, it is doubtful whether the payment of the price for the part of the sold items to be delivered later will be made on time, the seller may refrain from delivering further parts of the sold items by setting an appropriate time limit for the buyer to secure payment, and upon the ineffective expiration of the set time limit may withdraw from the contract.

Art. 554. Claims for sales made within the scope of the seller’s business, claims by craftsmen for such sales, and claims by farmers for the sale of agricultural and forestry crops are barred by the statute of limitations of two years.

Art. 555. The provisions on the sale of things shall apply mutatis mutandis to the sale of energy , rights and water.

CHAPTER II
Warranty for defects

Art. 556. The seller is liable to the buyer if the thing sold has a physical or legal defect (warranty).

Art. 556(1). § 1. A physical defect consists in the non-conformity of the sold thing with the contract. In particular, the thing sold is not in conformity with the contract if:

1) does not have the characteristics that a thing of this kind should have due to the purpose specified in the contract or resulting from the circumstances or purpose;
2) it does not have the properties that the seller assured the buyer of, including by presenting a sample or model;
3) it is not suitable for the purpose about which the buyer informed the seller at the conclusion of the contract, and the seller did not object to such purpose;
4) was delivered to the buyer in an incomplete state.

§ 2. If the buyer is a consumer, the public assurances of the manufacturer or its representative, a person who places the thing on the market in the course of his business, and a person who, by placing his name, trademark or other distinctive sign on the thing sold, presents himself as the manufacturer, shall be treated equally with the seller’s assurances.

§ 3. The thing sold also has a physical defect if it is incorrectly installed and started up, if these actions were performed by the seller or a third party for whom the seller is responsible, or by the buyer who followed the instructions received from the seller.

Art. 556(2). If the buyer is a consumer and the physical defect is discovered before the expiration of one year from the date of delivery of the sold thing, the defect or its cause is presumed to have existed at the time the danger passed to the buyer.

Art. 556(3). The seller is liable to the buyer if the thing sold is the property of a third party or if it is encumbered with a right of a third party, and if the restriction on the use or disposal of the thing results from a decision or ruling of a competent authority; in the case of a sale of a right, the seller is also liable for the existence of the right (legal defect).

Art. 556(4). The consumer provisions contained in this section, with the exception of Art. 558 § 1, second sentence, shall apply to an individual who enters into a contract directly related to his business activity, when it is apparent from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

Art. 556(5). The provisions of Art. 563 and Art. 567 § 2 relating to the buyer shall not apply to an individual who enters into a contract directly related to his business activity, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

Art. 557. § 1. The seller is exempted from liability under the warranty if the buyer knew of the defect at the time of the conclusion of the contract.

§ 2. When the object of sale is a thing designated only in kind or a thing to come into existence in the future, the seller is relieved of liability under the warranty if the buyer knew of the defect at the time of delivery of the thing. This provision does not apply when the buyer is a consumer.

§ 3. The seller shall not be liable to the buyer who is a consumer for the fact that the thing sold does not have the characteristics resulting from the public assurances referred to in Art. 556(1) § 2, if the assurances did not know or, judging reasonably, could not have known or could not have influenced the buyer’s decision to conclude the sales contract, or if their contents were corrected before the conclusion of the sales contract.

Art. 558. § 1. The parties may extend, limit or exclude warranty liability. If the buyer is a consumer, the limitation or exclusion of liability under the warranty is allowed only in the cases specified in special provisions.

§ 2. The exclusion or limitation of liability under the warranty is ineffective if the seller has deceitfully concealed the defect from the buyer.

Art. 559. The seller is liable under warranty for physical defects that existed at the time the danger passed to the buyer or arose from a cause inherent in the thing sold at the same time.

Art. 560. § 1. If the sold thing has a defect, the buyer may make a statement to reduce the price or withdraw from the contract, unless the seller immediately and without excessive inconvenience to the buyer replaces the defective thing with a defect-free one or removes the defect. This limitation does not apply if the thing has already been replaced or repaired by the seller, or the seller has failed to meet his obligation to replace the thing with a defect-free one or to remove the defect.

§ 2. If the buyer is a consumer, he may, instead of the removal of the defect proposed by the seller, demand the replacement of the item with a defect-free item or, instead of replacing the item, demand the removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared with the manner proposed by the seller. In assessing the unreasonableness of costs, the value of the defect-free item, the nature and significance of the defect found shall be taken into account, as well as the inconvenience to which other means of satisfaction would expose the buyer.

§ 3. The reduced price should remain in such proportion to the contract price as the value of the thing with the defect remains to the value of the thing without the defect.

§ 4. The buyer may not withdraw from the contract if the defect is insignificant.

Art. 561. § 1. If the sold thing has a defect, the buyer may demand that the thing be replaced with a defect-free one or that the defect be removed.

§ 2. The seller is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the buyer.

§ 3. The seller may refuse to satisfy the buyer’s request if it is impossible to bring the defective thing into conformity with the contract in the way chosen by the buyer, or in comparison with the other possible way to bring it into conformity with the contract would require excessive costs. If the buyer is a businessman, the seller may also refuse to replace the item with a defect-free item or remove the defect if the cost of satisfying this obligation exceeds the price of the sold item.

Art. 561(1). § 1. If the defective thing has been installed, the buyer may require the seller to dismantle and reinstall it after the defect has been replaced or corrected. If the seller fails to perform this obligation, the buyer is entitled to perform these actions at the expense and peril of the seller.

§ 2. The seller may refuse to dismantle and reinstall if the cost of these activities exceeds the price of the sold thing.

§ 3. If the purchaser is a consumer, he may demand that the seller disassemble and reassemble, but he is obliged to bear part of the related costs in excess of the price of the sold thing, or he may demand that the seller pay part of the costs of disassembly and reassembly, up to the price of the sold thing.

Art. 561(2). § 1. The buyer who exercises warranty rights is obliged, at the expense of the seller, to deliver the defective thing to the place specified in the contract of sale, and if such place is not specified in the contract – to the place where the thing was delivered to the buyer.

§ 2. If, due to the nature of the thing or the manner of its installation, the delivery of the thing by the buyer would be excessively difficult, the buyer is obliged to make the thing available to the seller at the place where the thing is located.

§ 3. The provisions of § 1 and 2 shall apply to the return of the item in the event of withdrawal from the contract and replacement of the item with a defect-free one.

Art. 561(3) Subject to Art. 561(1) § 2 and 3, the cost of replacement or repair shall be borne by the seller. In particular, this includes the cost of disassembly and delivery of the item, labor, materials, and reinstallation and commissioning.

Art. 561(4). The seller is obliged to accept the defective item from the buyer if the item is replaced by one free of defects or the contract is cancelled.

Art. 561(5). If a buyer who is a consumer has demanded the replacement of an item or the removal of a 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 demand within fourteen days, it is considered that the seller has recognized the demand as justified.

Art. 562. § 1. If the contract of sale stipulates that the delivery of the sold items is to be made in parts, and the seller, despite the buyer’s request, has not delivered an equal quantity of defect-free items instead of the defective ones, the buyer may withdraw from the contract also as to the parts of the items to be delivered later.

Art. 563. § 1. In sales between entrepreneurs, the buyer loses his warranty rights if he failed to examine the thing in the time and manner usual for things of this kind and did not immediately notify the seller of the defect, and if the defect came to light only later – if he did not notify the seller immediately after it was discovered.

§ 2. To comply with the above deadline it is sufficient to send a notice of the defect before its expiration.

Art. 564. In the cases provided for in Art. 563 loss of warranty rights for physical defects of an item does not occur despite failure to comply with the time limits for the buyer to inspect the item or to notify the seller of the defect, if the seller knew of the defect or assured the buyer that the defects did not exist.

Art. 565. If, of the items sold, only some are defective and are separable from the defect-free items, without detriment to both parties, the buyer’s right to cancel the contract is limited to the defective items.

Art. 566. § 1. If, due to a physical defect of the sold thing, the buyer made a declaration of withdrawal from the contract or reduction of the price, he may demand compensation for the damage he suffered by the fact that he concluded the contract without knowing of the existence of the defect, even if the damage was a consequence of circumstances for which the seller is not responsible, and in particular he may demand reimbursement of the costs of concluding the contract, the costs of collection, transportation, storage and insurance of the thing, as well as reimbursement of the expenditures made to the extent that he did not benefit from these expenditures. This is without prejudice to the provisions on the obligation to compensate for damages under the general rules.

§ 2. The provision of § 1 shall apply mutatis mutandis in the event that a defect-free item is delivered instead of a defective item or the defect is removed by the seller.

Art. 567. § 1. If the seller delays in taking back the item, the buyer may send the item back at the seller’s expense and peril.

§ 2. In the case of sales between businessmen, the buyer is entitled and, when the interests of the seller require it, obliged to sell the thing with due diligence if there is a danger of deterioration of the thing. The buyer should notify the seller of his intention to sell, if possible, and in any case should send him a notice immediately after the sale. The buyer may also send the item back to the seller at his expense and peril.

Art. 568. § 1. The seller is liable under the warranty if the physical defect is discovered before the expiration of two years, and when it comes to defects in real estate – before the expiration of five years from the date of delivery of the thing to the buyer. If the buyer is a consumer and the object of sale is a used movable item, the seller’s liability may be limited, not less than to one year from the date of delivery of the item to the buyer.

§ 2. A claim for removal of a defect or replacement of a sold item with a defect-free one-year statute of limitations from the date of discovery of the defect. If the buyer is a consumer, the running of the statute of limitations may not end before the expiration of the time limits specified in the first sentence of § 1.

§ 3. Within the time limits specified in § 2, the buyer may submit a statement of withdrawal from the contract or reduction of the price due to a defect in the sold thing. If the buyer demanded that the item be replaced with a defect-free item or that the defect be removed, the time limit for filing a statement of withdrawal from the contract or reduction in price shall begin when the time limit for replacing the item or removing the defect expires without effect.

§ 4. If one of the warranty rights is asserted before a court or an arbitration court, the time limit for the exercise of other rights to which the buyer is entitled under this title shall be suspended until the proceedings have become final.

§ 5. The provision of § 4 shall apply mutatis mutandis to mediation proceedings, whereby the time limit for exercising other warranty rights of the buyer shall begin to run from the date of the court’s refusal to approve the settlement reached before the mediator or the ineffective termination of mediation.

§ 6. The expiration of the time limit for the discovery of a defect does not exclude the exercise of warranty rights if the seller deceitfully concealed the defect.

Art. 568(1). If the shelf life of an item specified by the seller or manufacturer ends after two years from the date of delivery of the item to the buyer, the seller shall be liable under the warranty for physical defects of the item found before the expiration of this period. The provision of Art. 568 § 6 shall apply.

Art. 573. The buyer, against whom a third party asserts claims concerning the sold thing, is obliged to immediately notify the seller and invite him to participate in the case. If he failed to do so, and the third party obtained a judgment favorable to himself, the seller is relieved of liability under the warranty for a legal defect to the extent that his participation in the proceedings was necessary to demonstrate that the third party’s claims were wholly or partially unfounded.

Art. 574. § 1. If, due to a legal defect of the sold thing, the buyer made a declaration of withdrawal from the contract or reduction of the price, he may demand compensation for the damage he suffered by the fact that he entered into the contract without knowing of the existence of the defect, even if the damage was a consequence of circumstances for which the seller is not responsible, and in particular he may demand reimbursement of the costs of entering into the contract, the costs of collection, transportation, storage and insurance of the thing, reimbursement of the expenses made to the extent that he did not benefit from them and did not receive their reimbursement from a third party, and reimbursement of the costs of the process. This is without prejudice to the provisions on the obligation to compensate for damages under the general rules.

§ 2. The provision of § 1 shall apply mutatis mutandis if a defect-free item is delivered instead of a defective item.

Art. 575. If, due to a legal defect in the sold thing, the buyer is forced to give the thing to a third party, the contractual exclusion of warranty liability does not relieve the seller from the obligation to refund the price received, unless the buyer knew that the seller’s rights were in dispute, or that he acquired the thing at his own peril.

Art. 575(1). If the buyer has avoided the loss in whole or in part of the purchased thing, or the consequences of its encumbrance in favor of a third party by paying a sum of money or performing another service, the seller may relieve himself from liability under the warranty by returning to the buyer the sum paid or the value of the service performed, together with interest and costs.

Art. 576. The provisions of Art. 568 § 2-5, except that the time limit referred to in Art. 568 § 2, shall begin from the date on which the buyer learned of the existence of the defect, and if the buyer learned of the existence of the defect only as a result of an action by a third party – from the date on which the judgment rendered in the dispute with the third party became final.

Division II(1)

Seller’s claim for defective goods sold

Art. 576(1). § 1. If the thing did not have the properties it should have according to its purpose or according to the publicly made assurances referred to in Art. 556(1) § 2, or was delivered in an incomplete condition, the seller who incurred costs as a result of the consumer’s exercise of warranty rights for physical defects of the thing may claim compensation for the damage suffered from that of the previous seller as a result of whose act or omission the thing became defective.

§ 2. The liability set forth in § 1 shall also be borne by the previous seller who, knowing of the defect in the thing, failed to inform the buyer of the defect or the installation and commissioning instructions attached to the thing, if the defect was caused by the consumer’s installation and commissioning of the thing in accordance with such instructions.

§ 3. The compensation referred to in § 1 shall include reimbursement of expenses necessary for the exercise of the consumer’s rights, in particular those related to the replacement or removal of the defect of the sold thing, its disassembly, transportation and reinstallation, as well as the amount by which the price of the thing was reduced, and lost benefits.

Art. 576(2). § 1. The seller’s claim is barred by the six-month statute of limitations. The running of the limitation period begins on the date on which the seller incurs costs as a result of the consumer’s exercise of warranty rights, but no later than the date on which the seller should have performed its obligations to the consumer.

§ 2. If the court dismisses the action for damages, finding that the defendant was not responsible for the defect in the item, the running of the statute of limitations for all other sellers may not end before the expiration of six months from the date on which the judgment dismissing the action became final.

Art. 576(3). The provisions of this section are without prejudice to other provisions on the obligation to make reparations.

Art. 576(4). The liability provided for in this section cannot be excluded or limited.

Art. 576(5). The provisions on the consumer in this section shall apply to an individual who enters into a contract directly related to his business activity, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

CHAPTER III

Warranty on sale

Art. 577. § 1. The guarantee is granted by submitting a warranty statement, which specifies the obligations of the guarantor and the rights of the buyer in case the sold thing does not have the properties specified in the statement. A warranty statement may be made in an advertisement.

§ 2. The guarantor’s obligations may include, in particular, refunding the price paid, replacing the item or repairing it, and providing other services.

§ 3. If a guarantee has been given with respect to the quality of the sold thing, it shall be construed, in case of doubt, that the guarantor is obliged to remove the physical defect of the thing or to deliver a thing free of defects, provided that these defects become apparent within the period specified in the guarantee statement.

§ 4. If no other term is stipulated, the term of the warranty shall be two years counting from the date when the thing was delivered to the buyer.

Art. 577(1). § 1. The guarantor shall formulate the guarantee statement in a clear and comprehensible manner, and when the type of information allows it – in a commonly understood graphic form. If the item is marketed in the Republic of Poland, the warranty statement shall be drawn up in the Polish language. The requirement to use the Polish language does not apply to proper names, trademarks, trade names, designations of origin of goods and customary scientific and technical terminology.

§ 2. The warranty statement contains the basic information needed to exercise rights under the warranty, in particular, the name and address of the guarantor or its representative in the Republic of Poland, the duration and territorial scope of warranty protection, the rights available in the event of the discovery of a defect, as well as a statement that the warranty does not exclude, limit or suspend the rights of the buyer under the provisions on warranty for defects of the sold thing.

§ 3. Failure to comply with the requirements set forth in § 1 and 2 does not affect the validity of the warranty statement and does not deprive of the rights arising therefrom.

Art. 577(2). The warrantee may demand that the guarantor issue a warranty statement recorded on paper or other durable medium (warranty document).

Art. 577(3). The seller shall issue a warranty document to the buyer together with the sold thing and check the conformity of the markings on the thing with the data contained in the warranty document, as well as the condition of seals and other security devices placed on the thing.

Art. 578. Unless otherwise stipulated in the warranty, liability under the warranty covers only defects arising from causes inherent in the thing sold.

Art. 579. § 1. The buyer may exercise warranty rights for physical defects of the item independently of the rights under the warranty.

§ 2. The exercise of warranty rights does not affect the seller’s liability under the warranty.

§ 3. However, if the buyer exercises warranty rights, the time limit for exercising warranty rights shall be suspended as of the date of notification of the defect to the seller. The period continues to run from the date of the guarantor’s refusal to perform its obligations under the guarantee or the ineffective expiration of the time for their performance.

Art. 580. § 1. Whoever exercises the rights under the guarantee shall deliver the thing at the expense of the guarantor to the place indicated in the guarantee or to the place where the thing was given at the time of the guarantee, unless the circumstances indicate that the defect should be removed at the place where the thing was when the defect was revealed.

§ 2. The guarantor is obliged to perform its obligations within the period specified in the content of the guarantee statement, and when it is not specified – immediately, but no later than within fourteen days, counting from the date of delivery of the thing by the holder of the guarantee, and deliver the thing to him at his expense to the place indicated in § 1.

§ 3. The risk of accidental loss of or damage to the item during the time between its delivery to the guarantor and its receipt by the warranty holder shall be borne by the guarantor.

Art. 581. § 1. If, in the performance of its obligations, the guarantor has delivered to the warrantee, instead of the defective thing, a defect-free thing or has made substantial repairs to the warranted thing, the warranty period shall run anew from the moment of delivery of the defect-free thing or return of the repaired thing. If the guarantor has replaced part of the item, the above provision shall apply mutatis mutandis to the replaced part.

§ 2. In other cases, the warranty period shall be extended by the time during which, due to a defect in the warranted item, the warrantee was prevented from using it