Complaints and Returns
Product complaint under statutory warrantyDear Customers,
We attach great weight to respecting your rights, including the right to file a complaint. Below you will find information on our liability for any defects of a product sold by us and on your right to file a complaint under the statutory warranty.
The rules and scope of our liability for product defects under the statutory warranty are governed by the universally binding laws, in particular the Civil Code Act of 23 April 1964 (Journal of Laws, no. 16, item 93, as amended).
BASIC CONDITIONS FOR THE SELLER’S LIABILITY
The Seller shall be liable to the Customer if the sold Product has a physical or legal defect (statutory warranty).
The Seller is exempted from liability under the statutory warranty if the Customer knew about the defect when concluding a Sale Agreement.
Where the object of a Sale Agreement consists in Products which are only specified by type or Products which are to be produced in the future, the Seller is exempted from liability under the statutory warranty if the Customer knew about the defect when the item was issued. That provision does not apply if the Customer is a consumer.
The Seller shall not be liable to a Customer who is a consumer for the fact that the sold Product does not have certain properties resulting from the publicly made warranties referred to before if the Seller was not aware of and, using reasonable judgment, could not have known about such warranties, or if such warranties could not have affected the Customer’s decision to conclude a Sale Agreement, or if the content of such warranties was clarified before the conclusion of a Sale Agreement.
BASIC CONSUMER RIGHTS
In principle, these rights have an equal rank, which means that a Customer may immediately exercise the rights from the first and the second group:
1) Group: price reduction/reimbursement of money
If the sold Product has a defect, the Customer can make a statement on price reduction or on withdrawal from the Sale Agreement, unless the Seller, immediately and without undue inconvenience for the Customer, exchanges the defective Product for a defect-free one, or repairs the defect. The above limitation does apply if a Product was already exchanged or repaired by the Seller, or if the Seller did not fulfil its obligation to exchange the Product for a defect-free one, or to repair the defect. The proportion of the reduced price to the price under the Sale Agreement should correspond to the proportion of the defective Product’s value to the value of a defect-free Product. The Customer may not withdraw from a Sale Agreement if the defect is insignificant.
If the Customer is a consumer, instead of the repair of a defect offered by the Seller according to the above provisions, the Customer may demand that the Product be exchanged for a defect-free Product, or may demand that the defect be repaired, unless making the Product comply with the Sale Agreement in the mode selected by the Customer is not possible or it would necessitate excessive costs compared to the mode suggested by the Seller. When assessing whether such costs are excessive, the value of a defect-free Product as well as the type and significance of the identified defect, and potential inconvenience for the Customer resulting from an alternative mode of satisfying their claim are taken into consideration.
If only some of the sold Products are defective and can be separated from the defect-free Products without any harm to either party, the Customer’s right to withdraw from the agreement shall be limited only to the defective Products.
2) Group: repair/exchange
If the sold Product has a defect, the Customer may demand that such Product be exchanged for a defect-free Product or that the defect be repaired. The Seller is obliged to exchange the defective Product for a defect-free one or to repair the defect within a reasonable period of time and without undue inconvenience for the Customer. The Seller may refuse to fulfil the Customer’s demand if making a defective Product comply with the Sale Agreement in the mode selected by the Customer is not possible or if it would necessitate excessive costs compared to an alternative mode of ensuring that the Product complies with the Sale Agreement.
IMPORTANT TERMS CONCERNING COMPLAINTS
1 year – presumption of a defect upon the issue of a Product
The Seller is liable under the statutory warranty for any physical defects which existed upon the transfer of risk to the Customer or which were attributable to the sold Product at that time. If the Customer is a consumer and the physical defect is discovered within one year from the issue of the sold Product, it shall be assumed that the defect or its cause existed upon the transfer of risk to the Customer.
2 years – Seller’s liability
The Seller shall be liable under the statutory warranty if a physical defect is discovered within two years or, in the case of defects of real property, within five years from the issue of a Product to the Customer. The exercise of rights under the statutory warranty for legal defects of the sold Product is governed by the provisions concerning physical defects, but the term for exercising rights under the statutory warranty begins on the day when the Customer becomes aware of the defect, and if the Customer becomes aware of the defect as a result of a third party suit, that term begins on the effective date of the judgment passed in that third party dispute.
PLACE AND MODE FOR FILING COMPLAINTS
The Customer can make a complaint:
• in writing to: BMG FINANCE Małgorzata Główka, ul. Jerzego Iwanowa Szajnowicza 1/7, 02-796 Warsaw;
• by e-mail to: firstname.lastname@example.org.
To facilitate and accelerate the examination of a complaint by the Seller, it is recommended that the Customer provide the following information:
1) information and circumstances concerning the object of the complaint, in particular type and date of the non-conformity/defect;
2) demand as to making the Product comply with the Sale Agreement or a statement on price reduction or on withdrawal from the Sale Agreement; and
3) contact data of the complaining party.
The information stated above is only a recommendation, and the outcome of complaints which do not include the above-mentioned information will not be affected.
To file a complaint, you may optionally use our model complaint form.
DELIVERY OF THE PRODUCT COMPLAINED ABOUT
Any Customer who exercises their rights under the statutory warranty is obliged to deliver the defective Product at the Seller’s expense to the address: BMG FINANCE Małgorzata Główka, ul. Jerzego Iwanowa Szajnowicza 1/7, 02-796 Warsaw. If the delivery of a Product by the Customer would be excessively difficult due to the nature or mounting of the Product, the Customer shall make the Product available to the Seller in the place where the Product is currently located.
The Seller shall promptly express its opinion on the Customer’s complaint, but not later than within 14 calendar days from the day when the complaint was submitted. In the absence of the Seller’s reply within the above term, it shall be understood that the Seller has recognised the complaint as justified.
OUT-OF-COURT SETTLEMENT OF COMPLAINTS AND CLAIMS, AND RULES OF ACCESS TO SUCH PROCEDURES
Detailed information on out-of-court settlement of complaints and claims for Customers who are consumers and the rules of access to such procedures are available in the offices and on the websites of Poviat (municipal) Consumer Ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodeship Commercial Inspectorates and under the following addresses of the Office of Competition and Consumer Protection:
The EU’s online platform for the resolution of disputes between consumers and entrepreneurs (ODR platform) is available under the address http://ec.europa.eu/consumers/odr.