Complaints

PRODUCT COMPLAINTS BY THE ENTREPRENEUR

Statutory liability

Entrepreneurs (a customer who is not a consumer) are entitled to one year statutory liability for physical defects in accordance with the provisions of the Civil Code.

Warranty claims

Products offered in the Online Store are covered by a warranty of producers and distributors. During the warranty period, technical problems are dealt with by authorized service centers of producers and distributors whose addresses can be found on their websites or on warranty cards.The seller provides complaints to the above-mentioned producers and distributors. The customer may file a complaint directly with the manufacturer or distributor of equipment, which shortens the time of complaint processing.

Reporting a complaint via the online store

In order to file a complaint via an online store, please contact the Customer Service Office:

• by e-mail: sklep@ole.pl or by telephone: +48 61 855 20 85
• complete the complaint form (available for download here)
• return the faulty product to the following address: OLE.PL Magazyn, ul. Chopina 58, 38-300 Gorlice

The z package should contain:

• the product the complaint concerns protected against damage in transport

• completed complaint form (it allows for faster identification of the package)

• warranty card (if it was attached to the product, it mainly concerns electronic equipment)

• a copy of the VAT invoice

The customer who is not a consumer sends the goods at his own expense. The seller does not accept COD parcels.

Seller’s response

The Seller will address the complaint not later than within 14 calendar days from the date of its submission, if it was impossible, it will indicate the date of the response. Lack of the Seller's response in the above-mentioned period means, in the event of a demand for repair, replacement or reduction of the price, that the Seller has considered the complaint justified.

STATUTORY PRODUCT COMPLAINTS BY THE CONSUMER

BASIS FOR COMPLAINT

statutory liability

DATE OF CONCLUDING SALES AGREEMENT

concerns sales agreements concluded after 25th December 2014

LEGAL BASIS

Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and other generally binding legal regulations

BASIC PREMISES OF THE SELLER'S LIABILITY

The Seller is liable to the Customer if the product sold has a physical or legal defect (ststutory liability)

physical defect

The seller is liable under the ststutory liability for physical defects that existed at the time the risk transfer on to the Customer or resulted from the cause inherent in the sold product at the same time.

A physical defect is the incompatibility of the sold Product with the Sales Agreement. In particular, the product sold is inconsistent with the Sales Agreement if it:

1. has no properties that a product of this type should have due to the purpose in the Sales Agreement marked or resulting from circumstances or destination;

2. does not have properties that the Seller has provided for the Customer, including presenting a sample or a model;

3. is not suitable for the purpose of which the Customer informed the Seller at the conclusion of the Sales Agreement, and the Seller did not raise any objections to such a purpose;

4. has been delivered to the Customer incomplete.

If the Customer is a consumer, the Seller's assurance equals public assurances of the producer or its representative, the person who introduces the Product to the market in the scope of its business and the person who by placing the name, trademark or other distinctive mark on the sold product presents itself as the producer.

The Product sold has a physical defect also in the event of improper installation and commissioning, if these activities were performed by the Seller or a third party for which 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 product sold is owned by a third party or if it is encumbered with the right of a third party, and if the restriction in the use or disposal of the Product results from a decision or ruling of the competent authority; if the right is sold, the seller is also responsible for the existence of the right

release of the Seller from liability

The Seller is exempt from liability under the statutory liability if the Customer knew about the defect at the time of concluding the Sale Agreement.

When the subject of the Sales Agreement are Products marked only for the species or Products to be created in the future, the Seller is released from liability under the statutory liability, if the Customer knew about the defect at the time of delivery of the item. This provision does not apply when the Customer is a consumer.

The Seller is not liable to the Customer who is a consumer for the fact that the sold Product does not have properties resulting from the public assurances referred to above, if it did not know about these assurances or, judiciously assessing, it could not know or could not affect the Customer's decision about concluding the Sale Agreement, or when their content has been corrected prior to the conclusion of the Sale Agreement.

BASIC RIGHTS OF THE CONSUMER

These rights are, in principle, of an equivalent nature, which means that the customer has the opportunity to immediately use both the first and second group of rights:

1. Group: price reduction / refund

If the sold Product has a defect, the Customer may submit a statement about the price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective Product with a product free from defects or will have the defect removed. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to replace the Product with a product free from defects or removed the defect. The reduced price should remain in such proportion to the price resulting from the Sales Agreement, in which the value of the Product with the defect remains to the value of the Product without a defect. The Customer cannot withdraw from the Sales Agreement if the defect is irrelevant.

     ▪ If the customer is a consumer, it may instead of offered by the Seller defect removal according to the above provisions request for replacement for defect free product or instead the replacement it may request for removal of the defect, unless it is impossible to bring the Product into compliance with the Sales Agreement in a manner chosen by the Customer or it would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the product free from defects, the type and significance of the defect , and the inconvenience to which the customer would be exposed by another form of the solution are taken into account.

If only some of the Products sold are defective and can be separated from free from defects Products, without prejudice to both parties, the Customer's right to withdraw from the agreement is limited to defective Products.

1. Group: repair / exchange

If the Product sold has a defect, the Customer may request replacement for the Product free of defects or removal of the defect. The seller is obliged to replace the defective product with free of defects product or to remove the defect within a reasonable time without excessive inconvenience to the customer. The Seller may refuse to remedy the Customer's request if it is impossible to bring the Defective Product into conformity with the Sales Agreement in a manner chosen by the Customer or if it would require excessive costs in comparison with the second possible way to bring it into conformity with the Sales Agreement.

IMPORTANT COMPLAINT TERMS

1 year of presumption of defect at the time of the release of the Product

The Seller is liable under the statutory liability for physical defects that existed at the time the risk transferred on to the Customer or resulted from the cause inherent in the sold product at the same time. If the Customer is a consumer and a physical defect has been found within one year from the date of the Product being sold, it is presumed that the defect or its cause existed at the time of transferring the risk to the Customer.

2 years of Seller's liability

The seller is liable under the statutory liability if the physical defect is found before the expiry of two years, and when it comes to property defects - before the expiration of five years from the date of delivery of the Product to the Customer. To exercise the rights under the statutory liability for legal defects of the sold Product, the provisions concerning physical defects apply, however, the period for exercising the statutory liability rights begins from the day on which the Customer learned of the defect and if the Customer learned about the existence of the defect only as a result of a petition from a third party - from the day on which the decision issued in a dispute with a third party became final.

PLACE AND METHOD OF SUBMITTING COMPLAINTS

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

• in writing to the following address: OLE.PL Magazyn, ul. Chopina 58, 38-300 Gorlice;

• in electronic form via e-mail to the address: shop@sanitario.eu

DESCRIPTION OF COMPLAINTS

It is recommended that the Customer provide the following information in the description of the complaint - it will facilitate and accelerate the complaint handling by the Seller:

1. information and circumstances regarding the subject of the complaint, in particular the type and date of non-compliance / defect;

2. a request for a way to bring the Product into compliance with the Sales Agreement or a statement about a price reduction or withdrawal from the Sales Agreement; and

3. contact details of the complaining party.

The requirements specified above are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

DELIVERY OF THE PRODUCT SUBJECT TO COMPLAINT

The Customer who exercises the rights under the ststutory liability is obliged to deliver the defective Product at the expense of the Seller to the address: OLE.PL Magazyn, ul. Chopina 58, 38-300 Gorlice. If due to the type of the Product or the method of its installation, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.

SELLER’ SRESPONSE

The Seller shall respond to the Customer's complaint promptly, no later than within 14 calendar days from the date of its submission. Lack of the Seller's response in the above-mentioned period means, in the event of a demand for repair, exchange or reduction of the price, that the Seller has acknowledged the complaint as justified.

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

Detailed information on the possibility of the Customer being a consumer 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 the address: 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: kontakt.adr@uokik.gov.pl or a written address: Plac Powstańców Warszawy 1, 00-030 Warsaw.) is to provide assistance to consumers in matters relating to the out-of-court resolution of consumer disputes.

The consumer has the following exemplary options for out-of-court complaint and redress: (1) an application for resolution of a dispute to a permanent amicable consumer court (more information on the website: http://www.spsk.wiih.org.pl/); (2) an application regarding extrajudicial resolution of the dispute to the provincial 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) assistance 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 porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (helpline open on Business 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 or a service agreement (more information on the platform website or at the Internet address of the Office of Competition and Consumer Protection): https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).