Dear Customer,We care about your rights, including the right to lodge a complaint. Below you will find detailed information about our liability for the defect of the product sold by us and your rights related to the complaint on the statutory basis – due to the warranty.
Important! Remember that if a product has also been granted a guarantee, you can also file a complaint based on it – in this case, however, the addressee will be the guarantor indicated in the guarantee. The guarantee also defines the scope of your rights each time. Remember that the warranty entitlement does not affect our liability under the warranty and that the warranty does not exclude, limit or suspend your rights under the warranty provisions for defects in the item sold
The basis and scope of our liability for product defects under the warranty is defined by generally applicable laws, in particular the provisions of the Civil Code.
We have an obligation to provide a product without defects. We are responsible for the warranty if the physical defect of the product is found before the expiry of two years from the date of its delivery to the buyer. Important! We are responsible under the warranty for physical defects that existed at the time of transfer of danger to the buyer or resulted from the reason inherent in the item sold at the same time.
You can submit a complaint for example:
- in writing to the following address: Stawowa 101A, 43-400, Cieszyn, Poland;
- in electronic form via e-mail to the following address: email@example.com;
Specify in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) request for a way to bring the product into compliance with the sales contract or a statement of price reduction or withdrawal from the sales contract; and (3) your contact details – it will facilitate and speed up the processing of your complaint. Remember that the requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted omitting the recommended description of the complaint.
When submitting a complaint, you can use our sample complaint form linked here http://switch-boards.com/wp-content/uploads/2020/08/SWITCH-BOARDS_complaint-form_annex-3-2-nowe.pdf , but it is not obligatory.
The basic rights of the buyer in connection with the complaint of the product
For sales contracts concluded from December 25, 2014.
In this case, the rights are, in principle, an equivalent, which means that you have the opportunity to use both the first and the second group of rights right away:
1) Group: price reduction / refund
2) Group: repair / replacement
If the product sold has a defect, you can submit a statement about a price reduction or withdrawal from the contract, unless you immediately and without undue inconvenience to you, replace the defective Product with a defect-free one or remove the defect.
Important! This limitation does not apply if the product has already been replaced or repaired by us or if we have not fulfilled the obligation to replace the product with one that is free from defects or to remove the defect.
- If the customer is a consumer, instead of the fault proposed by us in accordance with the provisions above, request replacement of the product free of defects, or instead of replacing the product, demand removal of the defect, unless it is impossible to bring the product into conformity with the sales agreement or require excessive costs in comparison with the method proposed by us.
Important! The customer can not withdraw from the contract if the defect is irrelevant.
If the product sold has a defect, you can request replacement of the product for one free from defects or removal of the defect. However, we may refuse to comply with your request if it is impossible to bring the defective product into conformity with the contract in the manner you have chosen or would require excessive costs compared to the second possible way to bring it into compliance with the contract.
Remember that the customer who exercises the rights under the warranty is obliged to deliver the defective product at our cost to: Stawowa 101A, 43-400, Cieszyn, Poland. If, however, due to the type of product or the method of its installation, its delivery would be excessively difficult, the customer is obliged to provide us with the product in the place where the product is located.
We will respond to your complaint promptly, no later than within 14 calendar days from the date of its submission. Important! Failure to respond to the above deadline in the event of a request for repair, replacement or price reduction means that we considered the complaint justified.
The consumer also has the option of using non-judicial means of dispute resolution.
Detailed information on the possibility of the Client using the extrajudicial method of dealing with complaints and pursuing claims as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
The point of contact at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: firstname.lastname@example.org or a written address: Plac Powstańców Warszawy 1, 00-030 Warsaw.), Whose task is among others, providing assistance to consumers in matters relating to the out-of-court resolution of consumer disputes.
The consumer has the following exemplary possibilities of using out-of-court complaint and redress solutions: (1) an application to settle a dispute to a permanent amicable consumer court (for more information, please visit:http://www.spsk.wiih.org.pl/); (2) a motion regarding extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the economic activity of the Seller); and (3) help from the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, among others, via e-mail at email@example.com and at the consumer helpline number 801 440 220 (call center in working days, 8:00 – 18:00, connection fee according to the operator’s tariff).
An online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a contractual obligation arising from an online sales contract or a service agreement (more information on the platform website itself or at the Internet address of the Office of Competition and Consumer Protection) : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php
In the same way as above, you can also submit a complaint related to the provision of electronic services via our online store (eg account or order form) and other complaints related to the operation of our online store.
In the description of the complaint, provide (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) Your request; and (3) contact details – it will facilitate and speed up the processing of complaints. Remember that the requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted omitting the recommended description of the complaint.