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VII. COMPLAINTS – WARRANTY
1) In case of agreements concluded with the Consumers within the meaning of Article 221 of the Civil Code, the Seller shall be liable towards the Consumer specified in article 556 and subsequent of the Civil Code for the physical or legal defects (warranty). 2) The Seller shall have liability for warranty claims, if the physical defect is recognised before two years from the moment of issuing the Consumer the good, and if the sales object is a second hand article before one year from the moment of issuing the Consumer the good. 3) The Consumer’s claims for defect rectification or replacement of the good sold as defect-free may not be brought more than one year, counting from the day the defect was recognized, however not earlier than before two years from the moment of issuing the Consumer the product, and if the sales object is a second hand article before one year from the moment of issuing the Consumer the good. 4) In case when the expire date of the good, determined by the Seller or the producer, shall end 2 years from the moment of issuing the Consumer the product, the Seller shall have liability for warranty claims for physical defects of this product recognised before that date. 5) Physical defect means non compliance of the sold goods with the Agreement. Especially the sold goods does not comply with the Agreement if: a) the goods do not have the qualities, which the goods of such kind should have, taking into account the objective in the Agreement contract or resulting from the circumstances or purpose of these goods; b) the goods do not have the qualities, of which the Buyer was assured, including presentation of a sample or pattern; c) It is not suitable for the aim, about which the Buyer informed the Seller upon commencement of the Agreement, and the Seller did not reiterated its reservations on such use of the good; 4) was issued to the Buyer incomplete 6) The Seller’s assurance shall be on a par with public assurance of the producer or the representative, a person who places the good on the market in the scope of economic activity and a person who through placing his name, trade mark or other distinctive sign presents himself as its producer. 7) The seller is exempted from the liability in point 5c only in situations when: a) The Seller proves that he was not aware of the such assurances or in reasonably assessing could not have been aware b) The Seller proves, that assurances could not have an impact on the Consumer decision; c) The ensuring content was corrected before conclusion of the agreement with the Seller 8) The sold good has also a physical defect in case of a inappropriate assembly and its improper star-up, if the operation have been carried out by the Seller or a person that the Seller is responsible for or by the Buyer, who proceeded in accordance with the instructions received by the Seller. 9) In case of Agreement with the Consumer, if the physical defect was determined before one year from the moment of issuing the Consumer the good, it is assumed that, it existed at the moment of purchase of the good. In case when the defect is determined after a year from the moment of issuing the good the burden of proving that the defect existed in the product at the moment of purchase shall be on the Consumer. 10) If the sold good has a defect the Consumer may: a) make a request declaration to decrease the price to be paid; b) make a declaration to withdraw from the agreement; c) request the change of the defect into a defect-free product; d) request to remove the defect 11) The Consumer, cannot withdraw from the agreement if the defect is irrelevant. 12) The Consumer who uses the The rights under statutory warranty, is obliged at the Seller’s expense deliver the defected good on the complaint address, and if because of a kind of a good or its mountings delivering the good by the Consumer would be excessively difficult, the Consumer is obliged to make the good available to the Seller at the place where it is located. In case of nonperformance of the obligation by the Seller, the Consumer is able to return the good at the Seller’s risk and expense. 13) The Seller recommends to add the description of nonconformity of the product in order to facilitate the claim process. 14) The Seller will comply with the Consumer request within a period of 14 (fourteen) days. Otherwise it is considered, that the Seller regarded the Consumer declaration or request as a reasonable assumption. 15) In case of the Consumer request defined in point 10 a or b the Seller can replace the defected into the free-defected good or remove the defect, on condition that it shall occur without delay and without excessive inconvenience for the Consumer. 16) However if the good has already been replaced or repaired by the Seller or the Seller did not meet the obligation of replacement of the good into the free-defect good or of removing the defect, shall not be entitled to replacement the good or remove the defect. 17) Instead of the proposed by the Seller removal of the defect, the Consumer may request replacement of the defected into free-defected good, unless bringing the goods into conformity with the Agreement of sale in the form chosen by the Consumer is impossible or would require excessive costs in comparison with the form proposed by the Seller, and when assessing the excessive costs the value of the free-defected goods is taken into account, kind and significance of the defect as well as the Consumer risk of inconvenience caused by other form of satisfaction of claims, is taken into account. 18) The Seller may refuse to compensate the Consumer requests, if bringing defected goods into conformity with the Agreement of sale by the means chosen by the Consumer is impossible or in comparison with the second, possible form bringing defected goods into conformity with the Agreement demands excessive costs. In case of decreasing the price, the decreased price should be in such proportion to the price arising from the agreement, that the value of the defected good is to the value of the free-defected good. 20) The Seller is obliged to replace the defective good into the free-defected good or remove the defect in reasonable period of time without excessive inconveniences for the Consumer. 21) In case when the defective good was mounted, the Consumer can request from the Seller dismantling and repeated mounting after the replacement was made into the free-defected good or removing of the defect. In case of nonperformance of the obligation by the Seller, the Consumer is able to perform the action at the Seller’s risk and expense. The Seller may refuse mounting and repeated mounting if the cost of these actions when the price is substantially higher than the sold good. 23) The Consumer in case described above may require from the Seller dismantling and repeated mounting, however the Consumer is obliged to contribute to the costs connected with it with the value exceeding the price of the sold good or may require from the Seller covering part of the costs of dismantling and repeated mounting, to the amount of the price of the sold good. 24) In case of Agreements concluded with the Client not being the Consumers at the same time within the meaning of Article 221 of Civil Code, on the basis of Article 558 § 1 of the Civil Code, liability of the seller under the statutory warranty is excluded. 25) According to the terms indicated in points 2,3 and 4 in this chapter of the Regulations, the Consumer can make a declaration to withdraw from the Agreement or to decrease the price due to physical defect of the sold good, and if the Consumer requires replacement into the free-defect good or removing the defect, the period of making a declaration to withdraw from the Agreement or decreasing the price shall begin with the moment of ineffective expiry of the term for the replacement of the good or removal of the defect. 26) In case of contesting before the court, an arbitration court one of the rights under the statutory warranty the term exercising of other rights, under the the Law, available to the Consumer in this regard shall be suspended until the binding closing of court proceedings concerning the case. Respectively these rules are also implemented to mediation proceedings, whereby the execution term to carry out other powers under the statutory warranty, available to the Consumer, shall begin with the day of Court’s refusal of settlement approval concluded before a mediator or ineffective completion of the mediation. 27) The period of execution of rights under the statutory warranty of legal defects of the sold good shall begin with the day the Consumer found out about the existence of the defect, and if the Consumer found out about the existence of the defect only through action by third parties – from the day on which the declaration or other decision issued by a conformity in a dispute with the third party had become final. 28) If because of the defect of the sold good, the Consumer makes a declaration to withdraw from the Agreement or decreasing the price, he may demand compensation for the loss he suffered by concluding the Agreement not knowing about the existence of the defect, even if the damage appeared in the consequence of circumstances, for which the Seller is not responsible for. 29) The above is without prejudice to the generally applicable regulations of compensation for damages on general terms. 30) In case of concealing the defect by the Seller, the expiration of the period do not excludes rights under the statutory warranty 31) The claim address is: RunColors.pl ul. Kłopot 4/134 01-066 Warszawa
1)2) The good sold through the online Shop are not covered by the Sellers guarantee 3) A guarantee can be given on the goods sold at the Shop. 4) Detailed terms and conditions for implementing the guarantee are presented in the guarantee card created by guarantor.
IX. WITHDRAWAL FROM THE AGREEMENT – RETURNS OF PRODUCTS
1)2) The Consumer, on the basis of Article 27 of Laws on Consumer Rights, who concluded the distance agreement, can withdrawal from it without giving the reason and without bearing the costs referred to article 33,34 and 35 Laws on Consumer Rights, providing a relevant written declaration within fourteen days of the date of the receipt of the Agreement object. It is enough to send the declaration before the period for withdrawal. The declaration can be sent by e-mail to: email@example.com or by letter on the address: 3)4)RunColors.pl ul. Kłopot 4/134 01-066 Warszawa 5)6) The declaration can be submitted on the form, which can be found as the attachment of these Regulations and which was sent to the Consumer together with the product, also available on http://www.runcolors.pl/ or in another form under the law on Consumer Rights. 7) Together with the declaration, referred to in point 1, it is recommended that the Client also sent the information concerning the current bank account number, on which the reimbursement of the expenses shall be made. 8) The Seller immediately confirms with the Consumer receiving the declaration of withdrawal from the Agreement. Such confirmation is sent to the e-mail address given as the contact address in the Agreement or indicated on the declaration of withdrawal from the Agreement. 9) In case of withdrawal from the Agreement, the Agreement is considered unconcluded. 10) The Consumer is obliged to return the product or products immediately, no later than 14 days following the day of withdrawal from the Agreement was made. The Consumer returns the object or the objects of the Agreement from which the Consumer withdrew on his own risk and cost. 12) The Consumer is liable for decreasing the value of product or products being the object of the Agreement, following the use of the product or products in a manner going beyond an ordinary management of the product, in order to determine features, functionalities and the character of the product. 13) The Seller immediately, no later than 14 days following the day of receiving the withdrawal from the Agreement by the Consumer, shall refund the Consumer all payments made by him, including the cost of delivering the product provided that a) the Seller refunds the payments using the same means of payment as the Consumer, unless the Consumer expressly agrees other mean of refund, which does not entail any net costs for him; b) In case of selecting by the Consumer other than the least expensive mean of delivery the product offered by the Seller, the Seller is not required to cover the additional cost incurred by the Consumer; c) The Consumer is liable for decreasing the value of the product being the result of using it in a way going beyond necessary to conclude the character, feature, and functionality as provided for in the point Eight above; 1) In case of withdrawal from the distance concluded Agreement for services initiated of the consumer’s consent before the expiry of the withdrawal period, the Consumer must pay for the performance by the time of withdrawal from the Agreement. 2) The payment amount is calculated in proportion to the actual duration of the performance, concerning price or remuneration determined in the Agreement. If the price or the remuneration is excessive, the basis for calculation this amount is the market value of the performance. 3) The Consumer shall not bear the costs for the digital content supply, which are not saved on the date carrier, if he has not agreed to the performance before the withdrawal from the Agreement period has expired or was not informed about the lost of accrued term of right of withdrawal at the moment of giving such permission or the trader has failed to provide confirmation in accordance with Article 15(1) and article 21(1) Law on Consumer Rights. 4) The Seller may withhold the reimbursement received from the Consumer until receiving the goods back or providing the Consumer evidence of sending the good, depending on which event will earlier take place. 5) With accordance to Article 39 Law on Consumer Rights, the Consumer has no right of withdrawal from the Agreement in the following cases: a) for providing services, if the entrepreneur fully performed his service with the consumer’s explicit consent, who was informed before the performance, that after fully provided services by the trader, loses the right to withdraw from the Agreement b) when the price or the remuneration depends on the depends on fluctuations in the financial market outside the Sellers control which may occur before the term of withdrawal from the Agreement; c) when the object of the provided service is a nonprefabricated good, produced according to the Consumer specifications or to satisfy his Individualized needs; d) when the object of the service is a goods which are liable to deteriorate or expire rapidly; e) when the object of the service is a good delivered in a sealed package, after opening which cannot be returned due to health protection or hygiene reasons; f) when the object of the service are goods, which after delivery, due to their character are inseparably mixed with other goods; g) when the object of the service are alcoholic beverages, which prices has been agreed upon at the time of the conclusion of the sales Agreement, which delivery may exercised after approximately 30 days, and which value depends on fluctuations in the financial market outside the entrepreneur control; h) when the Consumer specifically demanded from the entrepreneur to come to him in order to carrying out urgent repairs or maintenance; if the entrepreneur additionally provides other services other than, those which the Consumer demands to provide, or supplies different goods than replacement parts necessary for the repair or maintenance, the right of withdrawal from the Agreement in respect of additional services or goods; i) when the object of the service are audio or video recordings or computer software delivered in a sealed package, which were unsealed after delivery; j) when the object of the service is the supply of a newspaper, periodical or magazine with the exception of agreement concerning subscription k) concluded via a public auction; l) the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities, cultural, sport, entertainment events, if the agreement provides for a specific date or period of performance; m) of digital content which is not supplied on a tangible medium, if the performance has begun with the consumer’s prior express consent before the end of the withdrawal period after the entrepreneur has informed the Consumer that he thereby loses his right of withdrawal.