COMPLAINTS IN THE INOBA.PL ONLINE STORE

1. LEGAL BASIS AND GROUNDS FOR THE COMPLAINT
2. BASIC CONDITIONS OF THE SELLER'S LIABILITY
3. BASIC RIGHTS OF THE CONSUMER
4. IMPORTANT COMPLAINT DEADLINES
5. PLACE AND METHOD OF SUBMITTING A COMPLAINT
6. DESCRIPTION OF THE COMPLAINT
7. DELIVERY OF THE COMPLAINED-ABOUT PRODUCT
8. THE SELLER'S RESPONSE
9. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES
10. COMPLAINT FORM TEMPLATE
11. 30-DAY RETURNS FOR NEWSLETTER SUBSCRIBERS

LEGAL BASIS AND GROUNDS FOR THE COMPLAINT

Grounds for the complaint: under the statutory warranty (rękojmia, the Seller's statutory liability for defects).

Legal basis: the Act of 23 April 1964 – the Civil Code (Dz.U. no. 16, item 93, as amended) and other generally applicable legal provisions.

BASIC CONDITIONS OF THE SELLER'S LIABILITY

The Seller is liable to the Customer if the sold Product has a physical or legal defect (rękojmia).

• physical defect: the Seller is liable under rękojmia for physical defects that existed at the time the risk passed to the Customer or that arose from a cause inherent in the sold Product at that same moment.
  
  A physical defect consists in the sold Product not conforming to the Sales Agreement. In particular, the sold Product does not conform to the Sales Agreement if:
  
  • it does not have the properties that a Product of this kind should have in view of the purpose specified in the Sales Agreement or arising from the circumstances or intended use;
  • it does not have the properties which the Seller assured the Customer it has, including by presenting a sample or model;
  • it is not suitable for the purpose about which the Customer informed the Seller when concluding the Sales Agreement, and the Seller did not raise any reservation as to such use;
  • it was delivered to the Customer in an incomplete state.
  If the Customer is a consumer, public assurances given by the producer or its representative, by a person who places the Product on the market in the course of its business activity, and by a person who presents itself as the producer by placing its name, trademark or other distinguishing mark on the sold Product are treated as equivalent to an assurance given by the Seller.
  
  The sold Product also has a physical defect if it was installed and put into operation incorrectly, where these actions were performed by the Seller or by a third party for whom the Seller is responsible, or by the Customer who followed the instructions received from the Seller.
  
  
• legal defect: the Seller is liable to the Customer if the sold Product is the property of a third party or is encumbered with a third party's right, and also if a restriction on the use of or disposal of the Product results from a decision or ruling of a competent authority; in the case of the sale of a right, the seller is also liable for the existence of the right.
  
  
• release of the Seller from liability: the Seller is released from liability under rękojmia if the Customer knew of the defect at the time of concluding the Sales Agreement.
  
  Where the subject of the Sales Agreement is Products determined only as to type or Products to be created in the future, the Seller is released from liability under rękojmia if the Customer knew of the defect at the time the item was handed over. This provision does not apply where the Customer is a consumer.
  
  The Seller is not liable to a Customer who is a consumer for the sold Product lacking the properties arising from the public assurances referred to above, if the Seller did not know of those assurances and, on a reasonable assessment, could not have known of them, or if they could not have influenced the Customer's decision to conclude the Sales Agreement, or if their content was corrected before the Sales Agreement was concluded.

BASIC RIGHTS OF THE CONSUMER

These rights are in principle of equal standing, which means that the Customer may make use of both the first and the second group of rights immediately:

• Group: price reduction / refund: If the sold Product has a defect, the Customer may submit a statement on reducing the price or withdrawing from the Sales Agreement, unless the Seller promptly and without undue inconvenience to the Customer replaces the defective Product with a defect-free one or remedies the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or if the Seller has failed to fulfil the obligation to replace the Product with a defect-free one or to remedy the defect. The reduced price should remain in the same proportion to the price resulting from the Sales Agreement 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 Sales Agreement if the defect is insignificant.
  
  If the Customer is a consumer, instead of the remedy of the defect proposed by the Seller in accordance with the provisions above, the Customer may demand replacement of the Product with a defect-free one, or instead of replacement of the Product may demand that the defect be remedied, unless bringing the Product into conformity with the Sales Agreement in the manner chosen by the Customer is impossible or would require excessive costs compared with the manner proposed by the Seller. In assessing whether the costs are excessive, the value of the defect-free Product, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would be exposed by another method of satisfaction.
  
  If only some of the sold Products are defective and can be separated from the defect-free Products without harm to either party, the Customer's right to withdraw from the agreement is limited to the defective Products.
  
  
• Group: repair / replacement: If the sold Product has a defect, the Customer may demand replacement of the Product with a defect-free one or remedying of the defect. The Seller is obliged to replace the defective Product with a defect-free one or to remedy the defect within a reasonable time and without undue inconvenience to the Customer. The Seller may refuse to comply with the Customer's demand if bringing the defective Product into conformity with the Sales Agreement in the manner chosen by the Customer is impossible or, compared with the other possible way of bringing it into conformity with the Sales Agreement, would require excessive costs.

IMPORTANT COMPLAINT DEADLINES

1 year presumption that the defect existed at the time the Product was handed over

The Seller is liable under rękojmia for physical defects that existed at the time the risk passed to the Customer or that arose from a cause inherent in the sold Product at that same moment. If the Customer is a consumer and the physical defect was found before one year had passed from the date the sold Product was handed over, it is presumed that the defect or its cause existed at the time the risk passed to the Customer.

2 years of the Seller's liability

The Seller is liable under rękojmia if the physical defect is found before two years have passed, and in the case of defects of real property, before five years have passed, from the date the Product was handed over to the Customer. The provisions concerning physical defects apply to the exercise of rights under rękojmia for legal defects of the sold Product, except that the period for exercising rights under rękojmia begins on the day on which the Customer learned of the existence of the defect, and if the Customer learned of the defect only as a result of a claim by a third party, on the day on which the judgment issued in the dispute with the third party became final.

PLACE AND METHOD OF SUBMITTING A COMPLAINT

A complaint may be submitted by the Customer, for example:

• in writing to the address: INOBA.PL, Nowosiedlice 107, 56-410 Dobroszyce
• in electronic form by e-mail to the address: reklamacje@inoba.pl

DESCRIPTION OF THE COMPLAINT

The Customer is advised to provide the following information in the description of the complaint - this will make it easier and faster for the Seller to process the complaint:

• information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the non-conformity/defect.
• the method demanded for bringing the Product into conformity with the Sales Agreement, or a statement on reducing the price or withdrawing from the Sales Agreement, and:
• contact details of the person submitting the complaint.

The requirements given above are merely a recommendation and do not affect the validity of complaints submitted without the recommended description of the complaint.

DELIVERY OF THE COMPLAINED-ABOUT PRODUCT

A Customer who exercises rights under rękojmia is obliged to deliver the defective Product at the Seller's expense to the address: INOBA.PL, Nowosiedlice 107, 56-410 Dobroszyce. If, owing to the type of Product or the way it has been installed, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

THE SELLER'S RESPONSE

The Seller will respond to the Customer's complaint promptly, no later than within 14 calendar days from the date it was submitted. If a Customer who is a consumer, in exercising rights under rękojmia, has demanded replacement of the item or remedying of the defect, or has submitted a statement on reducing the price specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within 14 calendar days, the Seller is deemed to have accepted the demand as justified.

OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES

Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims, and on the rules of access to these procedures, is available on the website of the Polish Office of Competition and Consumer Protection (Urząd Ochrony Konkurencji i Konsumentów) at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

A contact point also operates at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warszawa.), whose tasks include, among other things, assisting consumers in matters concerning the out-of-court resolution of consumer disputes.

A consumer has, for example, the following options for using out-of-court methods of handling complaints and pursuing claims: (1) a request for resolution of the dispute by a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl); (2) a request for out-of-court resolution of the dispute addressed to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place where the Seller conducts its business activity); and (3) the assistance of a county (municipal) consumer ombudsman or of a social organisation whose statutory tasks include consumer protection (including the Consumer Federation and the Association of Polish Consumers). Advice is provided, among other ways, by e-mail at porady@dlakonsumentow.pl and by the consumer helpline on 801 440 220 (the helpline is open on Business Days, 8:00 - 18:00, the call is charged according to the operator's tariff).

At http://ec.europa.eu/consumers/odr the online dispute resolution platform between consumers and businesses at EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking an out-of-court resolution of a dispute concerning contractual obligations arising from an online sales agreement or service agreement (more information on the platform's own website or at the internet address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

COMPLAINT FORM TEMPLATE

• Download the complaint form template for the INOBA.pl online store

30-DAY RETURNS FOR NEWSLETTER SUBSCRIBERS

1. A consumer and a business with consumer rights have the statutory right to withdraw from a distance contract within 14 days. The rules of this right are described in the document “Right of withdrawal”, and the provisions below do not limit or change it.
2. Independently of the statutory right, the Seller grants a contractual right to return goods within an extended period of 30 days. This right is available to a Customer who meets all of the following conditions:
   • at the time of placing the order was subscribed to the INOBA.pl newsletter,
   • the subscription concerns the same e-mail address that was given in the order,
   • consent to receive the newsletter remains active on the day the return is reported.
3. Unsubscribing from the newsletter before the return is reported results in loss of the contractual right. In such a case only the statutory 14-day period applies to the Customer.
4. The 30-day period is counted from the day on which the Customer or a third party indicated by the Customer took possession of the goods. In the case of an order comprising multiple goods delivered separately, the period is counted from taking possession of the last of them.
5. To meet the deadline, it is sufficient to send the return statement before it expires to the address info@inoba.pl. The goods must be sent back without delay, no later than within 14 days of submitting the statement.
6. The Seller refunds the price paid for the goods. The direct cost of returning the goods under the contractual right is borne by the Customer. The price is refunded within 14 days of receiving the goods, using the same payment method that was used for the purchase.
7. Goods returned under the contractual right must not bear traces of use beyond what is necessary to ordinarily check their nature, characteristics and functioning. They should be complete, together with accessories and documents.
8. The contractual right does not cover goods made to the Customer's individual order or goods excluded from the right of withdrawal under Art. 38 of the Consumer Rights Act (ustawa o prawach konsumenta).
9. For the first 14 days the Customer uses the statutory right on the terms described in the document “Right of withdrawal”. The contractual right applies to the period after this deadline has expired, up to and including the 30th day.