31 December 2017

If the purchased goods have a defect, the consumer may file a complaint in which he will specify his demands for bringing the goods into compliance with the contract (by repair or replacement) or refunding all or part of the paid (by lowering the price or withdrawing from the contract). Its basis may be a warranty (always) or a guarantee (if it has been granted). The consumer chooses the basis for lodging complaints.

Product complaint – warranty

Warranty – this is the mode of claiming responsibility from the entrepreneur in relation to the disclosed physical defect (non-compliance with the contract) or the legal purchase of the consumer good.

14 days – this is the deadline to respond to the complaint – within this period the consumer must already receive the decision of the seller, it is not enough to send the decision by mail on the last day. No response means that the seller has considered the consumer’s request reasonable.
1 year – if the buyer is a consumer and the physical defect has been determined within one year from the day of the sale of the item sold, it is presumed that the defect or its cause existed at the moment of transferring the danger to the buyer. In this case, the seller must refute this presumption.
2 years – this is the period of the seller’s liability under the warranty. It is important to find a defect in this period, the complaint can be filed later. In addition, in the case of second-hand goods, this period can be reduced to 1 year, but it should be informed before the conclusion of the contract, for example in the product description or in the regulations.
In addition, there is no deadline to notify about the defect.

Product complaint – guarantee

Guarantee – is a voluntary declaration regarding the quality of goods submitted by the entrepreneur, ie the guarantor.

It is not obligatory to provide a guarantee! However, if it has already been granted, then the guarantor is obliged to implement it. In the case of guarantees, terms related thereto may be included in the guarantee itself. In the event of their absence, you can use the terms resulting from the Polish Civil Code, and thus:
– promptly, but no later than within 14 days – the deadline for the fulfillment of warranty obligations by the trader (the date is counted from the date of delivery of the item by the person authorized by the guarantee)
– 2 years – warranty period (counted from the day of issue of the item).