Complaints

RIGHTS FROM DEFECTIVE PERFORMANCE

We guarantee that at the time of the transfer of the risk of damage to the Goods according to Article 7 of these Terms and Conditions, the Goods are free of defects, specifically that the Goods:

  • correspond to the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed properties;

  • are suitable for the purpose for which you require them and with which we agree;

  • are supplied with the agreed accessories and instructions for use, including assembly or installation instructions;

  • are suitable for the purpose for which Goods of this kind are usually used;

  • by quantity, quality, and other properties, including durability, functionality, compatibility, and safety, correspond to the usual properties of Goods of the same kind that you can reasonably expect, also taking into account public statements made by us or another person in the same contractual chain, particularly in advertising or labeling;

  • are supplied with accessories, including packaging, assembly instructions, and other instructions for use that you can reasonably expect; and

  • correspond in quality or design to the sample or model that was provided to you before the conclusion of the contract.

The rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

In the event that the Goods have a defect, i.e., especially if any of the conditions under Article 7.1 are not met, you may notify us of such a defect and exercise your rights from defective performance (i.e., complain about the Goods) by sending an email or letter to our addresses provided in our identification details. You can also use a sample form provided by us for your complaint. We will handle the complaint in accordance with the right from defective performance you have exercised.

If the Goods have a defect, you have the following rights:

  • to have the defect removed by delivering new Goods without defect, or by delivering the missing part of the Goods; or

  • to have the defect removed by repairing the Goods

unless the chosen method of defect removal is impossible or disproportionately costly compared to the other method, which shall be assessed especially with regard to the significance of the defect, the value that the Goods would have without the defect, and whether the defect can be removed by the other method without significant difficulties for you.

We are entitled to refuse to remove the defect if it is impossible or disproportionately costly, especially with regard to the significance of the defect and the value that the Goods would have without the defect.

Furthermore, you have the right to:

  • a reasonable discount from the Price; or

  • withdrawal from the Contract,

    if:

    - we refuse to remove the defect or do not remove it in accordance with legal regulations;

    - the defect appears repeatedly;

    - the defect constitutes a substantial breach of the Contract; or

    - it is evident from our statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for you.

The right to withdraw from the Contract does not apply if the defect of the Goods is insignificant.

If you have caused the defect in the Goods yourself, you do not have rights from defective performance.

A defect in the Goods does not include wear and tear caused by its usual use or, in the case of used Goods, wear and tear corresponding to the extent of its previous use.

When you file a complaint, we will issue a written confirmation, which will state:

  • the date on which you filed the complaint;

  • the content of the complaint;

  • the method of handling the complaint you require;

  • your contact details for the purpose of providing information on the handling of the complaint.

Unless we agree on a longer period, we will remove the defects and provide you with information on the handling of the complaint to the provided contact details within 30 days of receiving the complaint. If this period expires without result, you may withdraw from the Contract or demand a reasonable discount.

We will inform you about the handling of the complaint by email and will issue you a confirmation of the date and method of handling the complaint. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. You are obliged to prove these costs, e.g., by receipts or confirmations of transport costs. In the event that the defect has been removed by delivering new Goods, it is your obligation to return the original Goods to us, but we will cover the costs of this return.

If you are an entrepreneur, it is your duty to notify and claim the defect without undue delay after you could have discovered it, but no later than within three days of receiving the Goods.

If you are a consumer, you have the right to exercise rights from defective performance for a defect that occurs in consumer Goods within 24 months from the receipt of the Goods.





Sample Complaint Form

Addressee:

GAPI Sp. z o.o.

ul. Hoża 86/410

00-682 Warsaw

Poland

Complaint Filing

Date of conclusion of the Contract:

Name and Surname:

Address:

E-mail address:

Goods being complained about:

Description of the Goods' defects:

Proposed method for handling the complaint:

I also request a written confirmation of the complaint submission, stating when I exercised this right, the content of the complaint, the method of handling the complaint I require, along with my contact details for the purpose of providing information on the handling of the complaint.

Date:

Signature: