§11

Complaint

1. The Sales Agreement covers new and used Products. The condition of each used Product is described in detail on the Store's website. The provisions on warranty for defects under the principles set out in the Civil Code do not apply to contracts requiring the transfer of ownership of the goods to the Consumer, including in particular sales contracts, delivery contracts and contracts for specific work constituting goods.
2. The Product is compliant with the Agreement if, in particular, its:

• description, type, quantity, quality, completeness and functionality, and in relation to goods with digital elements, also compatibility, interoperability and availability of updates;
• suitability for a specific purpose for which it is needed by the Consumer, about which the Consumer notified the Seller at the latest at the time of concluding the Agreement and which the Seller accepted.

3. In addition, in order for the goods to be considered in compliance with the Agreement, they must:

• be fit for the purposes for which goods of this type are normally used, taking into account applicable laws, technical standards or good practices;
• be present in such quantity and have such characteristics, including durability and safety, and in the case of goods with digital elements, functionality and compatibility, as are typical of goods of this type and which the Consumer can reasonably expect, taking into account the nature of the goods and the public assurance made by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller proves that:

- did not know about the public assurance in question and, judging reasonably, could not have known about it,

- before concluding the contract, the public assurance was corrected in accordance with the conditions and form in which the public assurance was submitted, or in a comparable manner,

- public assurance did not influence the Consumer's decision to conclude the Agreement;

• be supplied with packaging, accessories and instructions that the Consumer could reasonably expect to be provided;
• be of the same quality as the sample or pattern that the Seller made available to the Consumer before concluding the Agreement, and correspond to the description of such sample or pattern.

4. The Seller is not liable for the lack of compliance of the Product with the Agreement to the extent referred to in §11.3, if the Consumer, at the latest at the time of concluding the Agreement, was clearly informed that a specific feature of the Product deviates from the requirements for compliance with the Agreement specified in §11.3, and expressly and separately accepted the lack of a specific feature of the Product.
5. The Seller is liable for non-compliance of the Product with the Agreement resulting from improper installation of the Product if:

• it was carried out by the Seller or under his responsibility;
• improper installation by the Consumer resulted from errors in the instructions provided by the Seller.

6. The Entrepreneur is liable for the lack of compliance of the Product with the Agreement existing at the time of its delivery and disclosed within two years from that moment, unless the shelf life of the Product, specified by the Seller, its legal predecessors or persons acting on their behalf, is longer. The lack of conformity of the Product with the Agreement, which became apparent within two years from the date of delivery of the Product, is presumed to have existed at the time of its delivery, unless it is proven otherwise or this presumption cannot be reconciled with the specificity of the Product or the nature of the lack of conformity of the Product with the Agreement. . The Seller cannot invoke the expiry of the deadline for determining the lack of conformity of the Product with the Agreement if he has fraudulently concealed this lack.
7. If the Product is inconsistent with the Agreement, the Consumer may request its repair or replacement. However, the Seller may make an exchange when the Consumer requests repair or the Seller may make a repair when the Consumer requests replacement, if bringing the Product into conformity
   with the Agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the Product into compliance with the Agreement.
8. The Seller shall repair or replace the goods within a reasonable time from the moment when the Seller was informed by the Consumer about the lack of compliance with the Agreement, and without excessive inconvenience to the Consumer, taking into account the specificity of the goods and the purpose for which the Consumer purchased them. The costs of repair or replacement, including in particular the costs of postage, transportation, labor and materials, are borne by the Seller. The Consumer provides the Seller with a Product that is subject to repair or replacement. The Seller collects the Product from the Consumer at his own expense. If the goods were installed before the Product's non-compliance with the contract was discovered, the Seller dismantles the Product and reassembles it after repair or replacement, or commissions these activities to be performed at its own expense. The Consumer is not obliged to pay for the normal use of a Product that has subsequently been replaced. 
9. If the Product is inconsistent with the Agreement, the Consumer may submit a declaration of price reduction or withdrawal from the Agreement when:

• The Seller refused to bring the Product into compliance with the Agreement in accordance with §11.7 of the Regulations;
• The Seller did not bring the Product into compliance with the Agreement in accordance with §11.8 of the Regulations;
• the lack of compliance of the Product with the Agreement persists, even though the Seller has tried to bring the Product into compliance with the Agreement;
• the lack of compliance of the Product with the Agreement is so important that it justifies a price reduction or withdrawal from the Agreement without first using the protection measures specified in §11.7 and §11.8 of the Regulations;
• it is clear from the Seller's statement or circumstances that he will not bring the Product into compliance with the Agreement within a reasonable time or without undue inconvenience to the Consumer.

10. The price reduced by the Consumer must be in such proportion to the price resulting from the Agreement that the value of the Product inconsistent with the Agreement remains to the value of the Product consistent with the Agreement. The Seller returns to the Consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of the price reduction.
11. The Consumer may not withdraw from the Agreement if the lack of compliance of the Product with the Agreement is immaterial. It is presumed that the lack of compliance of the Product with the Agreement is material.
12. If the lack of compliance with the Agreement applies only to some Products delivered under the Agreement, the Consumer may withdraw from the Agreement only in relation to these Products, as well as in relation to other Products purchased by the Consumer together with the Products not in compliance with the Agreement, if the Consumer cannot reasonably be expected to agreed to retain only Products consistent with the Agreement.
13. In the event of withdrawal from the Agreement, the Consumer shall immediately return the Product to the Seller at his expense. The Seller returns the price to the Consumer immediately, no later than within 14 days from the date of receipt of the Product or proof of its return. The Seller refunds the price using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
14. The Consumer may refrain from paying the price until the Seller fulfills the obligations arising from §11. 7 – §11.13.
15. The provisions indicated in this article apply to the quasi-entrepreneur.
16. In the case of sales that are not consumer sales (i.e. sales to the Entrepreneur), the Seller's liability for defects in the goods under the warranty under the terms set out in the Civil Code is excluded.
17. Complaints should be submitted in writing or electronically to the Seller's addresses provided in these Regulations or using the electronic complaint form provided by the Seller on one of the Store's subpages. Declarations may also be submitted on the forms, the template of which is attached as Annex No. 2, No. 3 and No. 4 to these Regulations (Appendix No. 2 - declaration of request for replacement/repair of the goods; Annex No. 3 - declaration of price reduction, Annex No. 4 - declaration of withdrawal from the contract).
18. It is recommended that the complaint include, among others: a concise description of the defect, the circumstances (including the date) of its occurrence, data of the Consumer filing the complaint, and the Consumer's request in connection with the defect of the goods.
19. Goods returned under the complaint procedure should be sent to the address provided in § 3 of these Regulations.

§12

Out-of-court methods of dealing with complaints and pursuing claims

1. Detailed information on the possibility for the Consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, and Provincial Inspectorates of Inspections. Handlowa and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_zdrowie.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims:

• The consumer is entitled to apply to a permanent consumer arbitration court,
  referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
• The consumer is entitled to contact the voivodeship inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
• The consumer can obtain free assistance in resolving a dispute between him or her and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).

Downloads:
Appendix No. 1 to the regulations - form of withdrawal from the contract
Appendix no. 2 to the regulations - statement about requesting replacement-repair of goods
Appendix No. 3 to the regulations - statement on price reduction
Appendix No. 4 to the regulations - statement of withdrawal from the contract