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Claim conditions

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GENERAL WARRANTY AND GUARANTEE CONDITIONS

 

§ 1 GUARANTEE

  1. The seller guarantees the quality of the goods sold/assembly service for 24 months if a physical defect appears within the guarantee period.
  2. The term of the guarantee is valid from the date of delivery of the object of sale/service to the buyer.
  3. Within the framework of the guarantee granted, the Seller shall, if the existence of a physical defect in the Item Sold is confirmed, remove the physical defect free of charge or deliver a defect-free item or reduce the price.
  4. Improper use of the Item for Sale contrary to the instructions for use, use for purposes not in accordance with the intended use of the Item, independent alterations and repairs, disassembly, - shall render the guarantee null and void.
  5. The Seller shall not be liable under the guarantee for: mechanical damage, damage caused by improper maintenance or lack of required maintenance, fading or colour change of the Item of Sale caused by weather conditions, including exposure to the sun.
  6. The guarantee does not cover components that were not directly manufactured by the Seller.
  7. Pursuant to Article 581 of the Civil Code, if, under the guarantee, the Seller has supplied a defect-free item in place of the defective item or has made substantial repairs to the guaranteed item, the guarantee period shall run anew from the moment the defect-free item is supplied or the repaired item is returned.
  8. The Purchaser is obliged to inform the Seller about the defects found immediately, no later than within 7 days of their discovery, by e-mail to the Seller's e-mail address  (sekretariat@owbet.pl). After expiry of the indicated time limit, the warranty rights expire.
  9. The seller undertakes to take warranty action no later than 21 days after the effective delivery of the complaint by the buyer.
  10. Submitting a complaint does not entitle the Buyer to withhold payment of the price for the Item of Sale / Service. If the Customer delays payment of the price, the Seller reserves the right to refuse to consider the complaint under the guarantee.
  11. The object of sale should be sent back to the Seller's address: ul. Szeroka 7, 39-340 Padew Narodowa, Poland
  12. The guarantee is only valid in Poland.
  13. Notwithstanding the guarantee, the Buyer shall be entitled to warranty rights in accordance with the provisions of the Civil Code.

 

§ 2 WARRANTY

  1. The Seller shall be liable for the non-conformity of an Item of sale with the contract only if the indicated non-conformity is found before the expiry of two years from the handing over of the Item of sale to the Buyer (in the case of a service claim - from the date of service provision). The indicated period runs anew in the case of replacement or repair of the Object of sale.
  2. A thing sold is not in conformity with the contract if:
    1. does not have the qualities which a thing of that type should have by reason of the purpose stated in the contract or resulting from the circumstances or use for which it is intended;
    2. it does not possess the characteristics which the trader has assured the buyer, including by presentation of a sample or model;
    3. it is unsuitable for the purpose which the buyer communicated to the seller at the conclusion of the contract and the seller has not indicated his reservations concerning such a purpose;
    4. has been delivered incomplete to the purchaser.
  3. A thing sold also has a physical defect if it was incorrectly assembled and put into operation, if these operations 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.
  4. The buyer may demand a reduction of the price or withdraw from the contract, unless the seller immediately and without undue inconvenience for the buyer replaces the defective thing with a defect-free one or removes the defect. This restriction shall not apply if the thing has already been replaced or repaired by the seller or the seller has failed to comply with the obligation to replace the thing with a defect-free one or to remove the defect. (legal basis art. 560 § 1 of the Civil Code).
  5. The reduced price shall be in such proportion to the contract price that the value of the thing with the defect remains in relation to the value of the thing without the defect. (legal basis art. 560 § 3 of the Civil Code).
  6. If the buyer is a consumer, the buyer may, instead of having the defect remedied as proposed by the seller, require the replacement of the item with a defect-free item or, instead of replacing the item, require the defect to be remedied, unless bringing the item into conformity with the contract in the manner chosen by the buyer is impossible or would require unreasonable costs in comparison with the manner proposed by the seller.
  7. The Seller undertakes to investigate a complaint within 14 days in the case of a consumer complaint / 21 days in the case of a business complaint from the date of its effective delivery and to inform the Buyer of the result of the complaint investigation.
  8. The claimed Item of Sale should be sent back to the Seller's address: ul. Szeroka 7, 39-340 Padew Narodowa, Poland.
  9. The Seller shall replace the defective item with a defect-free item or rectify the defect within a reasonable time without undue inconvenience for the Purchaser.