A visit to the retailer in connection with faulty goods can often use up our reserves of patience and empathy towards another human being to no end, not to mention a nervous breakdown. We often wander around like a child in a fog, not being quite sure what claims we are entitled to for non-conformity of goods. What exactly should one do when making a claim with a seller? Guarantee or warranty - which to choose? How long do they last? And above all, in what situations will it be taken into account and what, if not recognised?
I hope that my article will give us confidence. At the same time, it will equip you with the necessary knowledge and will not let you off the hook when making a complaint. It pays to know your rights.
When we buy anything in a shop, we enter into a sales contract with the shop. The fact that we usually do not sign anything is irrelevant. Let us remember! A verbal contract is also a contract.
Guarantee and warranty - grounds for complaints when purchasing goods
There are 2 bases for complaints about purchased goods:
- warranty claim and
- under warranty.
In the following, I will try to outline the essential differences between a guarantee and a warranty. I will also point out their characteristics and their interdependence.
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GUARANTEE (not always)
The guarantee is provided by a so-called guarantor. This is not always the seller. Often the manufacturer also provides the guarantee.
The guarantee conditions are indicated in the guarantee document. We submit a claim on this basis to the guarantor indicated in this document.
Of course, it is not necessary to have a guarantee document in order to be able to make use of the guarantee. What is important, however, is that such a guarantee statement is received at all. Remember that the granting of a guarantee by the guarantor is a manifestation of his goodwill. A guarantee may only be granted for specific components of the goods, e.g. a guarantee that does not cover the strap of a watch.
Usually, the course of action is indicated on the guarantee card. The absence of relevant information on the duration of the guarantee or on the rights of the buyer does not mean that we are not entitled to the guarantee. In such a case, the provisions regulating the guarantee, contained in the Civil Code, which are discussed below, shall be taken into account.
Duration of the guarantee
Usually, we are entitled to a guarantee for a period of 2 years from the date of delivery of the goods. However, a different period may be specified in the guarantee statement.
Delivery of goods
If we take advantage of the benefits of the guarantee, we often have to send the goods to the manufacturer or to another address indicated on the guarantee card. The costs of such delivery are covered by the guarantor, unless the goods are a four-door wardrobe, refrigerator or other large item. In such a situation, we should inform the guarantor of the defect and call on it to rectify the defect at the place where the goods are located.
Term of performance of the guarantor's obligations
Repair or replacement of the goods shall be carried out within the period indicated in the guarantee statement. If no such time limit is indicated, the guarantor shall repair or replace the goods within 14 days after the defective goods have been delivered or the product has been made available on site.
Important!
The guarantee period starts anew after the repair or replacement of the goods. If an intrinsic part of the item has been replaced, the guarantee period starts anew for this part. For other parts, the warranty period continues to run from the date of purchase of the goods.
Suspension of the warranty period
It is important to note that if we exercise our rights under the guarantee, the time limit for exercising our warranty rights, as described below, is suspended from the date of notifying the seller of the defect. This means that although we address our claims under the warranty, for example to the manufacturer, we should also, preferably in writing, inform the seller of this fact, because only in this situation will it be possible to suspend the time limit for exercising warranty rights. Suspension extends the deadline by the duration of the warranty claim procedure.
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HANDLING (always)
The warranty is governed by the provisions of the Civil Code. The person to whom we make a complaint is always the seller (shop).
It is always up to the consumer to choose the legal basis for the complaint (warranty or guarantee)!
We can complain about goods if they have a defect. That is, it does not comply with the contract we entered into. For example, if we have bought a jacket in which the material has come apart after the first washing). To complain about the goods means to demand from the other party that the goods are brought into conformity with the contract we entered into. Compliant means free from defect.
Such restoration of the conformity of the goods with the contract may take place by:
- Replacement of the item with a non-defective item.
- Fixing things.
- Price reduction.
- Withdrawal from the contract, i.e. a refund for the goods combined with the return of the goods.
What defects result in the possibility of filing a complaint?
There are two types of defects in goods:
- physical,
- legal.
Physical defects of the goods are all those defects that make the goods not in conformity with the sales contract. This will include, for example:
- un-pressable button on the phone,
- a defective engine in a car if the seller assured you that it was functioning correctly,
- 'wool' quilt, which turned out to be a simple synthetic,
- a watch "waterproof" up to 30m that stopped working after washing hands in it, or
- when the goods have been delivered incomplete, e.g. a laptop without a charging cable, a phone without headphones.
Legal defects, on the other hand, are those defects in the goods that cannot be seen. Nevertheless, they exist and give rise to a warranty claim against the seller. A thing will have a legal defect if:
- will be the property of another person who has not consented to the sale or
- when the property is encumbered by the right of a third party (pledge).
The legal disadvantage in the case of the sale of rights (copyright, programme licence) will be their non-existence.
Guarantee and warranty - replacement, repair or cashback?
If we notice that an item we have purchased has defects, we should inform the seller of this, indicating our demands as mentioned above.
Unfortunately, the freedom of choice is limited by the legislator by the seller's counter rights. We can only demand a price reduction or a refund of the purchase price if the seller is:
- delayed the replacement of a defective item with a defect-free one, or
- if it does not rectify the defect immediately (without undue delay).
However, this rule does not apply if the item has already been replaced or repaired once. It does not matter whether it is the same or a different defect or fault. In such a case, we may immediately demand that the seller reduce the price or refund the entire amount paid.
Important!
The buyer cannot withdraw from the contract if the defect is immaterial. For example:
- a broken remote control in a purchased television, or
- burnt-out light bulb in the car.
The situation is different in the case of a consumer sale. In this case, one of the parties to the contract is the trader, e.g. a shop, and the other is the individual (consumer). The consumer can choose between having the item repaired or having it replaced with a new one,. Regardless of how the seller proposes. The exception would be if the consumer's chosen method of bringing the item into conformity with the contract would involve:
- with excessive costs or
- was not feasible, e.g. we request a replacement, but the manufacturer has already withdrawn a particular model of the phone from sale.
What about fitted and broken goods?
It is also important to mention a fairly new regulation introduced in 2014. It applies to a defect in an item that has subsequently been installed and in respect of which the buyer has requested a replacement or removal of the defect. In such a case, the buyer may demand that the seller also assemble and dismantle the defective item at the seller's expense, unless the cost of this work exceeds the price of the thing sold. The buyer shall then be obliged to cover the price of disassembly and assembly in an amount exceeding the value of the goods complained of.
In other cases, if the buyer is exercising the warranty right, it is up to the buyer to deliver the defective item to the place that the parties have specified in the contract, at the seller's expense. It is often the case that the defective item must be sent to the address specified by the seller. In such a case, the seller will either send the defective goods to the repair centre himself (which is more often the case) or the buyer will do so, but the shipping costs will be paid by the seller.
Guarantee and warranty - what is the time limit for making a complaint?
The period of the seller's liability under the warranty is 2 years from the delivery of the goods. The exception is real estate. Here, the period is 5 years (defects are reported to the developer).
It may be different with the sale of second-hand items. Here, the seller may limit his liability to one year, but must notify the consumer before the purchase of the item takes place (usually by displaying information in the shop).
Knew-didn't-tell- deceitful concealment of a defect
If the seller deceitfully concealed the defect, i.e. knew about the defect of the car being sold, but in order to sell it quickly concealed the engine defect from the buyer, a complaint can be filed regardless of the time at which the defect was discovered.
We are often confronted with situations in which we sell damaged goods, including vehicles. Of course, it is clear that if the buyer was aware of the defect at the time of sale, he cannot subsequently make a warranty claim for this reason. On the other hand, he or she can claim the goods for another defect that has arisen within the above-mentioned periods, of which the buyer was not informed at the time of purchase.
The period during which the defect was discovered is one thing, the period for making a claim is another.
If the seller is liable for defects in the goods for two years from the delivery of the goods, and we notice the defect in the 24th month after receiving the goods (e.g. 14 June 2018), we still have 12 months (14 June 2019) to report such a defect. Thus, the period in which we can complain about the goods will in this case extend by a whole 12 months. Of course, it is worthwhile to make a complaint without waiting that long. Nevertheless, in some situations, the possibility of asserting one's warranty rights even one year after the discovery of the defect may help to save having to purchase new equipment.
Guarantee and warranty - how to make a claim?
Certainly, the written form is the most advisable form, although you can of course do this by taking the faulty product to the shop (if possible) and filling in the so-called complaint card. However, it is advisable to make sure that the receipt of the faulty product is noted, as well as the content of the request (replacement, repair, price reduction, cash refund). An important element of filing a complaint is to prove that the goods were purchased from the seller with whom you are filing a complaint.
It doesn't have to be a receipt!
There is a persistent myth that you need a receipt to make a claim. Well, you do not need one. Nevertheless, we need to demonstrate with something that the purchased goods came from the shop in question. This could be for example
- statement of the account from which we paid for the goods,
- witnesses who accompanied us on our shopping trip,
- emails with correspondence from the seller.
The retailer does not have the right to make acceptance of a complaint conditional on us having a receipt.
Guarantee and warranty - Claims processing time
The time limit for dealing with a complaint is 14 days. Within this period, the seller should inform the buyer of his position. If he does not do so within this period, it will mean that the complaint has been accepted. Even if, in fact, the defect in the goods was the fault of the buyer. For this reason, it is advisable to ask for a confirmation of acceptance of our claim by the seller in order to avoid any doubt as to when exactly the claim was made. The time of 14 days is the time within which the buyer should be informed of the seller's position, not the time when the response only came from the seller. A negative response from the seller in respect of the goods complained of opens the way for us to pursue our complaint claims in court.
With such a body of knowledge about complaints and knowing one's rights in this area, one will certainly be able to get through more than one complaint procedure. We hope that there will be as few of these as possible. It is worth knowing your rights in order to oppose uninformed sellers or those who think they know everything better than you. Let us take care of ourselves and our legal awareness, because, as the basic principle of law states: ignorantia iuris nocet - ignorance of the law harms.
177 comments
Do I need the original packaging and guarantee card to make a claim?
When making a complaint, you do not need to have the original packaging of the goods or the guarantee card. What is important is that you are able to prove, for example, by means of a bank transfer, that you purchased the goods in the shop in question.
Welcome,
I have a question I bought a watch and after a month it stopped working. I advertised it and it turned out that the service replaced the batteries and it was ok.
After a year the same situation the watch did not work. I wanted to exchange it for another watch because I thought there was something wrong. But the service department said that the watch works without any problems and they only replaced the batteries. I don't know what to do next because the warranty is about to expire and I'm afraid it will happen again. What can I do about it?
Did you make a warranty or guarantee claim? If you are claiming under warranty, you can ask for a refund or a replacement the second time around, but this must be stated in the application form and that you are claiming under warranty.
Good morning,
I had a problem with a fridge that stopped cooling six months after I bought it. I reported a defect to the manufacturer, the service technician came and replaced a part of the fridge and it was OK. Another six months passed and the same thing happened again - it stopped cooling. Can I ask the manufacturer to replace the fridge with a new one if it has broken down a second time?
If the manufacturer was also the seller, then yes, provided that the first two claims were under warranty and not under guarantee.
Hello
I bought a phone on Allegro from a Polish shop. The phone broke down, I sent it back, the complaint was accepted and the goods were sent to the manufacturer, in China. It has now been almost 5 months. At the beginning the shop answered my messages. Now they do not. What can I do about this? I would like to get my phone back or my money back.
Assuming that you have made a warranty claim, the seller should meet the repair in this case without undue delay, which is certainly not 5 months. Please request a refund in writing within a certain period of time. If the time limit expires without results, you will, unfortunately, have to go to court.
The hoover returned from the service centre unrepaired after a month. I went back to the shop again with a complaint and wanted to make use of the warranty.After 13 days, I got the information that the complaint would not be accepted because the goods were free of defects through the fault of the seller.What should I do next?
What about a complaint about a garment (faulty material) on which tailoring has been carried out? Is it possible to invoke the warranty? The alterations were not related to the defect?
Absolutely. You can invoke the warranty if the material does not comply with the contract, i.e., for example, it does not have the qualities that the seller assured us it would have. It is important that the defect or non-conformity is reported within one year of being noticed and within two years of purchase.
Hello I bought panels which are defective I sent a complaint protocol in 14 days I did not get any answer I decided to write to the shop what about my complaint on the 15th day they sent me a letter from the manufacturer that they do not have photos of the expansion joints and could not start the complaint process what to do in such a case?
The complaint process actually began when the complaint was made. If a complaint is made under the warranty regulations, it is not the manufacturer who is responsible for making the complaint, but the seller. If the 14 days from the date of the complaint have already elapsed, the seller must meet your demands with regard to the product complained of as specified in the complaint letter. It is worth noting that the warranty regulations do not stipulate an obligation to send photos. However, the defect must be proven somehow. Usually, photographs are taken for this purpose if the advertised product cannot be brought to you because, for example, it has already been installed.
I bought a watch not from the highest shelf but still for my pocket it was a big expense, when buying I asked the gentleman whether this "gold" would not come off after a week ... I realize that it is not gold so I asked because if it would come off after a week I prefer to go to the Chinese to buy a watch for 30zł and not have regrets when I throw it away ... The gentleman replied that "it will last a couple of years" so I was happy I bought it, as it turned out the colour came off after a week 🙁 although I respected it, I didn't even sleep in it, I filed a warranty claim the situation took place in May ... To date I have neither the watch nor the money and I don't know whether to take legal action or to let it go because that's where it's going ... Please advise and thank you in advance.
If you have proof that you have complained about the goods, you should ask the seller in writing to rectify your claim as stated in the complaint form, as 14 days have already passed since the complaint was made. At the same time, set the seller a deadline of e.g. 3 days. If the period has expired without results, you can contact a consumer ombudsman in your municipality or go to the Financial Ombudsman. Alternatively, you can go to court and file a claim for payment by writ of payment. There is no other way.
If I ask the seller the difference between warranty and guarantee he has to answer me?
By all means, he should inform you of the difference. You will also find this information in the article above.
What is the procedure if the seller has not addressed the warranty complaint and apparently does not intend to, significantly exceeding the time to process the complaint? I understand that after a period of 14 days the complaint is deemed to have been accepted, but how do I now assert my rights? Are there state institutions involved in this or does the consumer face a long and costly court process?
The consumer may use an amicable route to resolve disputes with the trader in proceedings before the Financial Ombudsman https://rf.gov.pl/polubowne/. If this does not help, it will be necessary to file a claim for payment in court proceedings. This is done in the so-called simplified procedure, which costs PLN 30.
Can I complain about goods without a guarantee card.What should I do if the manufacturer Grundfos refuses to repair?
Of course. You do not have to present not only the guarantee card but also the receipt in the shop when making a warranty claim. Any proof of payment for the purchased goods is sufficient. By refusing to repair the goods, the seller acknowledges that the complaint is not justified. A dispute will arise, which can be resolved with the help of a consumer ombudsman. If this does not help, it will be necessary to apply to court for an order to pay.
Hello I bought an electric saw. Unfortunately after a few hours it turned out that it was pouring oil. So I went and put it under guarantee. Three days later I got the message that they had not repaired it because it was in working order. So I took it back to the shop and opened the box and the saw was not competent. It didn't have the chain or the guard. What in this case when I returned a complete A gets an incomplete one. I told them I gave it complete, and they checked it when they wrote the protocol. What to do
You should complain about the goods under warranty. Write a letter of complaint stating that you have received an incomplete and defective product and that you require a replacement or repair. This must be in writing!
I bought a cordless hoover that did not live up to my expectations, it was too noisy, did not collect water well and the battery life was short. I complained about the warranty and was told that the main board and battery had been replaced with a new one. After such replacements, I am not sure whether the hoover will work as it should and whether it will not be like after purchase again. Can I make a second warranty claim with the possibility of withdrawing from the contract?
If the goods still do not comply with the contract, you have the right to withdraw from the contract, demanding payment of the money. The question is, will the seller accept the complaint? If not, a dispute will arise, which can be resolved amicably or at the regional court.
Can I change the type of complaint from guarantee to warranty by making another complaint? Obviously out of unfamiliarity with warranty and guarantee, a warranty claim was accepted from me (only now do I understand the hesitation in the shop assistant's voice "Is it under guarantee?"). I reported the physical defect the day after the product was delivered and I noticed the defect. The shop accepted the complaint from me saying that they would file with the manufacturer. I received information after 26 days from the shop that the manufacturer would not accept the complaint from them , because they are a third party and I have to do it myself through the manufacturer's website. What should I do?
If less than one year has elapsed between the discovery of the error and the filing of the complaint, you may file a complaint again, this time on the basis of the warranty. In this case, all deadlines and rules that apply to this complaint basis apply.
I complained about the Xbox pad (on the second day after purchase it turned out not to work). I exercised my warranty and asked for a replacement. The shop (actually the service department) said that they would repair it because it was too expensive. I agreed. The shop employee informed at the delivery of the pad that it had been replaced because there was a different serial number. Unfortunately I checked it at home an hour after receiving it and found that the pad had a large scratch, meaning that my equipment had been exchanged for another used one. Did the service have the right to exchange the item for another used one? I immediately wrote an email with a description of the situation and pictures. Do I have any chance of getting the item exchanged for a new one or having my pad that I complained about repaired?
The service provider does not have the right to exchange the goods for another functional but used one. The law clearly states that it is a matter of exchanging the goods for new ones. If the seller does not want to exchange the goods for a new one, go to the consumer ombudsman. They may be able to help you resolve the matter.
Useful article, but I have a question, what if we receive the goods and let's say it consists of two parts, one of which is damaged, can we claim only this one part and demand a reduction in the price of the whole by the value of this part? For example, a damaged hoover nozzle, but the hoover itself and the other nozzles work, and we cannot afford to send back the whole hoover because we need it.
Generally, the claim applies to the entire item including its associated parts. However, it is worth discussing with the seller whether he would be interested in such a complaint solution to reduce the price of the whole item by the value of the broken part. Please note, however, that price reduction and withdrawal from the contract are not all methods of resolving a complaint. We discuss this in the article.
A customer complained about the jewellery a year after purchase and we repaired it.
Two years later, he returned with another complaint and claimed the warranty. This refers to mechanical damage, to which the customer of course does not admit.
Are we obliged to accept the damaged goods a second time?
If the claim period has not yet expired, the complaint must be considered. One may be a refusal if, in your opinion, the damage is mechanical and caused by improper use of the goods. A refusal will mean that the customer can take legal action.
Who is the party for the complainant?
I made a warranty claim to the seller. I attached a letter of complaint addressed to this seller to the application completed in the shop. I provided an e-mail address in the application. I received a reply, an e-mail with an attached letter from the service centre addressed to me.
Is the shop's answer correct in this situation?
Can such a response be treated as a non-response?
Thank you in advance for your reply.
Greetings
Usually, the retailers rely on the service centre for complaint repairs. Sometimes a reply comes from the service itself. Of course, it is possible to treat such a reply as a lack of response from the shop, suggesting in court that we deleted the e-mail because we did not realise it was a response to a complaint or that we were not aware of this fact. What chance will there be of proving this fact correctly in court? I leave the answer to you.
Great article. I have a question, what if I want to pursue my claim for a poorly performed service e.g. servicing. Do I do it under the warranty or under the guarantee ?
When you say service, do you mean the service to which the dealer sends the broken goods for repair or the service for assembly, for example? Please be more specific.
The seller did not reply to my complaint within 14 days, claiming that he had 14 working days. what happens then? How can I write to the seller to say that the time limit has passed and that I am waiting for a replacement, or can I claim a refund if he continues to mislead me?
Of course. If the 14-day period has elapsed, the complaint will be deemed to have been accepted and the seller should comply with the demands made in your letter of complaint. If he is unwilling to do so, please seek the assistance of the consumer ombudsman, the financial ombudsman or ultimately the courts.
If the online shop provides a seller's guarantee, will this guarantee also be accepted at the manufacturer's authorised service centre?
The guarantee can only be provided by the manufacturer of the goods. In this case, the online shop is the seller, unless it has also manufactured the goods and granted a guarantee. The manufacturer's guarantee is voluntary, whereas the warranty is mandatory and is based on statutory provisions. The provision of a guarantee by the seller, even if this were the case, cannot therefore bind the manufacturer, as he was not the guarantor.
Not true, a guarantee can be provided not only by the manufacturer, but also by the importer, distributor or seller.
Of course , we are not saying that it cannot. Anyone can give a guarantee, because it is a contract in which the guarantor himself undertakes to do certain things for the benefit of the purchaser 🙂
Good morning, great article explains a lot, although it does raise another question for me. An example from life. I made a complaint, the retailer accepted the complaint. He just said that I will get a card to use in the shop and I have to use it today. Is this in accordance with consumer law? If not, how do I explain this to the seller ?
Unfortunately, this is not in accordance with consumer law. Exactly 4 possibilities are given to us by the law in the case of acceptance of a complaint.If the sold thing has a defect, the buyer may make a declaration to reduce the price or withdraw from the contract, unless the seller immediately and without undue inconvenience for the buyer replaces the defective thing with a defect-free one or removes the defect.
If you have requested a withdrawal and the seller has not offered to replace or repair the goods immediately, you should receive cash, or the money should be transferred to your account using a bank card. What should you do? Go to the Consumer Ombudsman to ask for help or ask the Financial Ombudsman to conduct an amicable settlement. You can find the website on the Internet.
In response to a complaint made under the warranty, I received a reply by text message that my complaint was rejected, and in the next text message I will be informed when the complaint will be available for collection.Is this information counted as a proper response to the complaint, regardless of when the complaint will be available for collection? I understand that the seller did this to meet the 14-day deadline.The question is whether this is a response to the complaint?
The sending of information about the rejection or acceptance of a complaint by text message is standard, provided that this method of contact was indicated in the letter of complaint. As to the content, the Act indicates:
Art. 561 in cc 5.
If a buyer who is a consumer has requested the replacement of an item or the rectification of a defect or has made a declaration concerning a reduction in price, specifying the amount by which the price is to be reduced, and the seller has not responded to this request within fourteen days, the seller shall be deemed to have acknowledged the request.
This means that indicating in the text message only the fact that the complaint has been rejected meets the statutory requirements.
If you feel aggrieved by the decision, it is worth asking for help from a consumer ombudsman or trying to settle the matter amicably with the Financial Ombudsman.
If I have sent in my computer for repair and the display has been replaced and the frame around it is different to the previous one (shiny instead of matt) and it is scratched and I think it came from an already used machine. Do I have the right to claim under warranty or what should I do?
Of course, you can try to contest the repair and file another complaint pointing to the non-conformity and the claim. Unfortunately, it is difficult to predict how the seller will behave, as he has the right to contest your complaint. It is worth remembering that a refund is not an option if the defect is insignificant. Photographs of the computer before it was repaired may be helpful.
I bought the phone at a point of sale. He said there was no warranty with them, is that possible ? What if I want to file a claim and he says I can't do it with him ?
The warranty is a legal right that applies to every seller and is two years. It can only be reduced to one year for second-hand goods. If the seller does not accept your complaint at the point of sale, please send a letter stating your demands to his address. Send the letter with acknowledgement of receipt. However, it is worth checking beforehand whether the retailer does not have any rules and regulations which would regulate this. Perhaps on their website?
Welcome,
I made my second complaint about a battery that does not work, it is the seller's own brand. It was at a time when I was very uninformed on the subject, and on the complaint form there was no choice of warranty or guarantee, just complaint. I enquired at the service centre under which title the claim was made by default and was told that this was the law. I received a reply from the seller 20 days after my intervention (once there was an attempt to contact him by telephone, but I could not answer). Which way should I go in my dispute with the seller? I do not know how to respond. I bought a new battery from another shop anyway and everything works. Can you give me some pointers?
If the seller has rejected your complaint a second time, you should request a cash refund. I suggest that you write to the retailer and ask them to pay the value of the defective battery. If the time limit indicated in the letter has expired without results, you should contact the Consumer Ombudsman or use the procedures offered by the Financial Ombudsman. https://rf.gov.pl/zasady-przyjmowania-skarg. The last resort is litigation.
Hello
Is it compulsory for a properly filed complaint to have the buyer's handwritten signature. I drew up a letter and ended it with the customary "Yours sincerely, John Smith", but absentmindedly did not sign it with my own hand. The letter headed the letter with all the buyer's and seller's details and the goods' identification details (in this case the VIN number). The 14-day deadline has now passed and the seller has not responded to the letter.
This is quite a broad topic in terms of basic civil law institutions. In short, a claim does not really need to be filed in any particular form. However, in order to have proof that you have filed a complaint at all, it is advisable to write down your claim on paper. The minimum requirement for written form is stipulated in Art. 78 § 1 of the Civil Code. In the case of declarations of intent, this involves signing the document containing the declaration of intent with one's own hand. Even if you do not observe this requirement and do not affix your signature, your complaint will be valid provided that it reached the addressee in a manner enabling him/her to become acquainted with its content.
Good day,today I lodged a warranty claim for a gold bracelet. The link at the clasp broke.
The lady said she did not know what a warranty was and would send it to the manufacturer.
I told her to read the warranty and she accepted, but I understood that she wanted to send it to the manufacturer. What if she gets back to me and says that the manufacturer did not accept the complaint or something like that?
I know that it is up to the seller to replace the bracelet with a new one, but this lady did not seem to have that knowledge.
Sincerely, Olga Ch.
The seller's ignorance is no excuse. If a warranty complaint is not accepted, I suggest you contact a consumer ombudsman. It is also worth considering initiating an amicable procedure with the Financial Ombudsman. I am pasting the following link for your perusal https://rf.gov.pl/zasady-przyjmowania-skarg.
Super article.
I would be grateful for your help.
I don't know what to do after a complaint about a watch being out of conformity with the contract has been rejected.
I have written an appeal to the seller, but he maintains his decision. Can I send them a second appeal under warranty or write a second complaint under warranty?
Situation:
The watch was purchased on 18.09.2019 online.
After about 3 months (approx,December 2019)the battery was replaced.The watch worked.
The next battery replacement was in January 2020,the watch worked until the end of the day and then stopped going again. So I decided to send the watch for a claim.I would like to add that the battery replacement was at the Watchmaker.
I have been informed by the seller that the watch has arrived and has been sent to a service centre to check the fault.
I was then sent an email to say that the claim was rejected because I had breached the guarantee by replacing the batteries at the watchmaker's, not the shop's, service centre and I had lost my guarantee on the watch, as I should have reported the fault when it occurred, not repaired it myself.
I wrote back that in the first instance I thought the battery was the reason for the watch not working. Because after replacing the battery the watch was working, and only after the 2nd replacement I was sure it was another fault and filed a complaint. There was no attempt to repair it on my own,
My appeal was again rejected.
The salesman said that it is stated in the warranty terms and conditions that if I replace the battery at another service centre I lose the warranty.
Unfortunately, I sent the terms of guarantee and warranty together with the complaint, but I believe that this point was not there (my husband and I both read it before sending it and there were 10 points).
In the warranty terms and conditions that exist on the seller's website (there are 11 points) I compare two of them, number 9 and 11 :
"9.Not covered by the warranty are the activities provided for in the operating instructions, which the user is obliged to perform at his/her own expense, e.g. replacement of batteries, belt, etc."
So when reading such information I, as a customer, thought that if the battery broke I could have it repaired at the Watchmaker at my own expense and not at the retailer.
"11.Repairs and replacement of batteries at points other than the12o'clock service point will result in the loss of the guarantee."
These two points 9 and 11 are contradictory, giving me the impression that buyers are misled and thus lose the opportunity to repair the watch.
Furthermore, I was not informed by the seller of the reason for the malfunction, although he had previously sent me information that the watch had been sent to a service centre to check the REASON for the malfunction.
Although it was later stated that I was not entitled to a guarantee, I think the seller should have written me up straight away and not sent me to check.
My appeal has now been rejected.I must admit that this is the first time I have been in such a difficult situation.
What should I do next?
Should I write another appeal,can I file a new complaint under warranty or the presumption of the existence of a defect at the time of sale?
The watch broke down in a very short time and I believe there was a broken mechanism.
The vendor has bad reviews and I am not the first person to have experienced this.
I would like to add that I checked the terms of complaint on allegro for other auctions and found differences in the number of points, i.e. there were different warranty conditions.
Thank you very much
The basis of your complaint was the guarantee. The terms of the guarantee are set by the guarantor and indicated in the guarantee document. If it is specified in the guarantee document in item 11 that the battery must be replaced at a particular service centre or shop, failure to comply with this requirement may lead to the loss of the right to make a claim under the guarantee. You may, however, always claim under the warranty on the grounds that the goods are not in conformity with the contract under the conditions specified in the article.
If the goods are replaced under warranty, does the two-year period start anew, as in the case of a guarantee?
The warranty period begins with the delivery of the goods. If the goods are replaced, the warranty period continues to run. This is worth noting. Therefore, the seller will normally return the original receipt to the consumer during such an exchange and will not issue a new receipt.
Good afternoon, I do not understand what I have to do with the goods damaged by the supplier ( wardrobe wardrobe, broken parts in half), delivered not in time (on the website 2-3 days dispatch, they delivered for 3 weeks), complaint accepted, only I do not want this wardrobe anymore, I do not want to wait several more months for delivery and I have already bought another. I have written several times for them to take back and do a refund. No answer or do I have to send everything back with the damaged and broken parts? What courier will do the refund? Do I have to pay for this delivery to the seller? Is it possible to get a refund for the goods instead of waiting for delivery of the broken parts?
Thank you
If the seller has not immediately repaired or replaced the goods, and this appears to be the case, you may request a cash refund or a price reduction for the goods. You should make this request in writing to the seller, setting an appropriate time limit for the refund. The letter should also indicate a time limit for receipt of the goods. The seller must pay for postage. They will usually send a courier to the buyer. After the expiry of the collection period, you may either place the goods in storage at the seller's expense or dispose of the goods. You should also include this information in your letter to the seller. Unfortunately, you cannot force the seller to act. This can be done by the court, which, in the event of a disagreement with the seller, will issue a judgment based on which a bailiff will enforce the money.
On 12 December 2019 I returned my phone to the Orange showroom for repair under warranty . The salesperson despite knowing that the warranty no longer exists after 12 months , issued a repair form under warranty . He claimed that it did not matter. For a period of 30 days I had no information from the store on how the repair is going. When I inquired about the status of the repair I was told the phone had not returned from the dealership. On 25 January 2020 I received instructions from the shop manager that the repaired phone has still not been released. On 5 February 2020 I was asked to fill in a new letter for a paid repair . From the service there was no diagnosis or opinion about the cause of the phone failure . I have not received the phone because I feel cheated . In the meantime contacting the showroom I was informed that the service is still waiting for parts .
Attempts to conceal the possibility of choosing between guarantee and warranty are all too common. They do not give customers who are making a complaint the option of choosing between a warranty and a guarantee, nor do they give them the option of indicating what they want, i.e. a repair, a new product, a payment or a price reduction. In your case, the seller has misled you into thinking that the guarantee and warranty are the same thing. I would suggest that you complain in writing about the product, using the warranty as a basis, and that you state your demands in your letter, describing the situation. If two years have already passed since the purchase or if one year has already passed since the defect was detected, the complaint letter should refer to the misrepresentation and the change of the statement from guarantee to warranty. You can also use the letter from the Consumer Ombudsman and the Financial Ombudsman - sometimes this helps. Otherwise you will have to go to court.
Hello
In the event of a complaint under the guarantee, does the sales department also have to respond to the complaint (whether the complaint is accepted or rejected)? Is there a deadline. I have made such a complaint, but the guarantor has classified the product for repair against payment (which I do not agree with).
A warranty claim is valid under the terms of the warranty document. If no time limit for a response is given, it is unfortunately not possible to enforce such a response from the guarantor.
I would like to add to what has been said above by asking whether this content of the response can be regarded as a response to a warranty claim made:
"In response to the reported complaint no..... we would like to kindly inform you that in order to confirm the occurrence of the defect and to determine the validity of the submitted complaint, the product must be subjected to a thorough visual inspection by the Manufacturer's Authorised Service. Subsequently, if the stated defects are confirmed and are not the result of improper operation or mechanical damage, the complaint will be considered favourably. If the advertised product is qualified for chargeable repair you will receive additional information."
Yes, the content does not differ substantially from other such statements made by shops in response to a complaint. You may disagree with the fact that the complaint has not been recognised and assert your rights with the help of the Consumer Ombudsman, the Financial Ombudsman or, as a last resort, in court. The fee for a claim is PLN 30.
I complained about a fairly expensive shoe, the seller stating that the defect was not sufficient for me to receive a refund or replacement. I was offered a repair to which I agreed. After the repair, the problem returned some time later ... The two-year warranty time has ended . After such a repair, has the warranty time been extended or do I no longer have the right to claim the shoes again ? Best regards
The period for filing a claim counts from the time the footwear is issued after repair. This means that the period is extended. If the footwear breaks down a second time, you have the right to claim a cash refund or a reduction in the price of the goods without having to repair and replace them with new ones.
Thank you for your response.
Can there be more than 14 days for processing on a complaint report?
If the basis of the complaint is a warranty, the 14-day period is a statutory period, i.e. it cannot be extended or shortened.
Hello, I advertised a bed before 2 years had passed, the seller replaced it with another one, and now after almost 2 years of use it has broken just like the first one (a defect in the box which tears the material) and I noticed that there is no filling on the sides, it is just upholstery, can I advertise it again?
If it is less than two years since you replaced the bed with a new one, make a complaint. You have the right to a refund or a reduction in the price of the goods and you do not have to agree to exchange the bed for a new one or to have it repaired.
Today I reached the service centre where they repair Orange phones . In the showroom they refused to give me any answer and talk to me ( quote : we are forbidden from the head office to give any information to you ) I asked this in writing but they also refused .After checking with the service when they received the phone it was 24.01.2020 and I returned the phone on 12.12.2019.
The following is an earlier entry of mine :
On 12 December 2019 I returned my phone to the Orange showroom for repair under warranty . The salesperson despite knowing that the warranty no longer exists after 12 months , issued a repair form under warranty . He claimed that it did not matter. For a period of 30 days I had no information from the store on how the repair is going. When I inquired about the status of the repair I was told the phone had not returned from the dealership. On 25 January 2020 I received instructions from the shop manager that the repaired phone has still not been released. On 5 February 2020 I was asked to fill in a new letter for a paid repair . From the service there was no diagnosis or opinion about the cause of the phone failure . I have not received the phone because I feel cheated . In the meantime contacting the showroom I was informed that the service is still waiting for parts .
In my opinion, you should respond to this in writing, perhaps with the help of a consumer ombudsman. If you stated in your complaint that the basis of your complaint was the warranty, the seller could not change this basis on his own. The seller has 14 days to respond to the complaint, i.e. whether he accepts it or refuses to accept it and for what reason. If he has not done so, he is deemed to have accepted the complaint as requested by the buyer. The question is what you asked for in your application. If you asked for repair, the seller should have repaired the product immediately. If he failed to do so, you are entitled to a cash refund or a reduction in the price of the goods.
Good afternoon. I returned a hoover purchased from a stationary shop over 30 days ago. The hoover broke down after 4 days of use. I returned the product through the shop, under the manufacturer's warranty. The provision in the warranty card stipulates a service period of 30 days, with the option to extend this in case of a shortage of, for example, parts. From the information obtained directly at the authorised service centre, we learned that the hoover had already been repaired a long time ago and that it is up to the shop to order transport from the service centre to the shop. The shop does not do anything about it and ignores our request to return the goods, referring to the information in the system, according to which the device is still being serviced. What are the next steps to recover a product returned under guarantee?
The precise method of guarantee shall be described in the guarantee document. The warranty terms and conditions may exclude the guarantor's liability for costs related to the transportation of the defective items. However, if these issues are not regulated in the guarantee document, these costs shall be borne by the guarantor on the basis of Article 580 of the Civil Code. If, on the other hand, the delivery costs are covered by the seller, then according to the agreement between the seller and the guarantor, it is the seller who should pay for the transport of the device. I would suggest asking the service to inform you by e-mail that the repaired goods are waiting to be collected and send it to the shop. If this does not help I would recommend contacting the consumer ombudsman who will draft a letter to the seller.
What if a piece of furniture was made to order? When it is assembled, it turns out that nothing fits. There is a 3cm gap between the door and the wardrobe and the wardrobe itself is too big so it doesn't fit into the niche. It was a special order.
I have sent a letter of complaint under warranty requesting a refund of the cost of the wardrobe (2000pln) because it cannot be repaired, all the parts are wrong.
Three weeks have passed since the letter was served (I have the return). The seller has not replied to the letter. What can I do to get my money back? I have now read that the 14-day period does not apply to the refund option and I don't know anything anymore.
The time limit of 14 days concerns the response to the complaint, i.e. whether the seller accepts the complaint or not. If the time limit expires without effect, the seller is deemed to have accepted the complaint in accordance with the buyer's request, but indeed this situation does not apply to a cash refund. Why? Because the cash back implies a further consumer right, i.e. withdrawal from the contract. The seller should take into account the consequences set out in the second sentence of Article 560 § 1; the unjustified refusal to accept the complaint request, i.e. replacement, repair, price reduction, opens the way for the buyer to freely withdraw from the contract. That is to say, if you have written in your complaint that you demand a refund, this means that you are withdrawing from the contract concluded with the seller by demanding a refund of the price. The time taken to assess the legitimacy of the buyer's declaration of withdrawal must sometimes be even longer than 14 days. The length of this period will depend especially on the subject of the sale and the type of non-conformity of the item with the contract. It is up to you how to proceed in the event of non-reimbursement. You will certainly have to ask the seller to pay, setting an appropriate time limit, and after the expiry of the time limit you will have to take further amicable or judicial action.
I have recently tried to claim a camera in a shop where a defect has appeared, the problem is that I am not the first owner as I bought it second-hand, but the shop has admitted that the equipment had a defect on the day I bought it, but they do not want to accept the claim because I did not buy it from them, in addition I received a power of attorney from the first owner to claim the goods he bought, but this has been declared invalid. What should I do?
An assignment of warranty rights is necessary here. You will then be able to assert your claims properly. If the seller is stubborn, you can contact a consumer ombudsman.
Good morning
I read and read these comments like this and with some of the responses I wonder if the patron is referring to the Other CC in our training courses.
A 14-day response period applies to the request:
-exchanges of goods
-repairs to goods
- price reductions
According to article 565 5 KC
Again, with regard to the extension of the warranty after the exchange of the goods for a new one, I know that there were draft laws that were supposed to introduce such a provision, but at the last training (February 2020) there was no mention of it, so what is the legal basis for stating that the seller's liability starts from the beginning when the goods are exchanged for a new one?
Thank you very much for carefully reading all our replies. The goblins have been fixed and if in doubt we invite you to contact us again.
Hello I sent the goods back to the claim was accepted. The good was a car that went on a truck 170km after the repair, does the seller have to return it to me also on the truck? Or will I have to go to pick it up myself ?
According to the statutory warranty provisions, the seller must cover the costs of transporting the goods to their destination, even if the goods have wheels. On the other hand, surely you should approach the subject with common sense and, for example, propose that the seller cover the price of fuel for the journey?
Hi there, very helpful article yet today the salesman made me a bit uneasy when writing up the claim. Well, I purchased an air humidifier over two years ago (2017), last year (2019) it stopped working and the control module was replaced under warranty. It has been exactly one year since the aforementioned component was replaced and exactly the same symptom as last time has appeared i.e. it cannot be switched on. If I have understood the article correctly, a year has passed since the module was replaced and so I have until 2021 to claim exactly this component under the guarantee? Or do I have to rely on the warranty? Alternatively, I have completely misunderstood the article and am as surprised as the seller today when he informs me that 2 years have already passed since the purchase, i.e. after the warranty. Best regards
Yes, until 2021 you have the right to make a complaint on the basis of the warranty, even requesting a cash refund, if you are interested in this form of handling the complaint, of course. The repair of a component in the device extends our ability to assert our warranty rights. We count 2 years from the replacement of the part. At the same time, we can report a defect within one year of noticing it. This should also be borne in mind.
Hello. I made a warranty claim for a watch. My claim was accepted ( I demanded an exchange of the goods for a new one ) and here a problem arose, i.e. the shop wants to exchange the goods for a new one but without giving me any document confirming the exchange ( just a piece for piece ) so that the warranty time does not flow again. Can they do this? I was offered the second option, i.e. that they would give me the money for the goods and I could buy the same goods straight away with a new receipt and then the warranty would run again for two years. The problem is that today the equipment is much more expensive and I would have to pay a lot extra, which is not good for me. What should I do in this situation? Please help.
The seller's actions are not in compliance with current legislation. Proof that an exchange has taken place can be provided by the seller's acknowledgement of the complaint (e-mail, written information) and by a complaint application in which you specify your request to have the goods exchanged for new ones.
Hello, I have a question about a complaint. I complained about a jacket and got a new jacket the same in return but got an old receipt. Should I get a new receipt?
They do not exchange the receipt, as it confirms the original purchase of the goods. However, you should receive a confirmation of fulfilment of the claim as an additional document.
Do I have to have the original packaging when I return the phone for warranty service?
Packaging is not part of the goods and does not have to be delivered with the goods.
Good morning, brilliant and helpful article. I have a few questions and concerns. I made a warranty claim 7 days ago. It concerned a set of speakers for a 5.1 computer, after less than a year the centre speaker started to crackle, squeak and a buzzing sound came from the subwoofer when idle. I considered that the defect firstly became apparent less than a year after the goods were released, secondly 2 important components are not working properly and as a request I chose to withdraw from the contract and the seller in the box whether I agree to repair marked "no" . Today I received a text message that they were inviting me to the showroom to complete the complaint process. I decided to call the shop to get more information. I was informed that the speaker had been repaired. According to the information I found on the UOKiK website, the retailer has the right to repair the loudspeaker, but before doing so, they must offer it to me and cannot do so without my knowledge. Do I understand correctly that in this case I should be informed that the repair is possible and that I agree to it? Can I appeal against their decision? If there is nothing I can do then I have another two years of warranty rights from the moment I receive the repaired goods? I should add that the seller had already filled in the warranty form at the time of the complaint and despite my information that I wanted to use the warranty. Fortunately, I read what I was signing and managed to change it in time. Also worth reading carefully. Please help and best regards.
Unfortunately, it is common practice for sellers to submit a claim form and for the seller to tick the guarantee box. As a result, the goods are claimed on the basis of the manufacturer's terms and conditions, so to speak, removing the responsibility for the non-conformity of the goods with the contract from the seller. Coming back to the issue. Indeed, the seller, while accepting the complaint, should have informed you that they intend to repair the goods. Why? Because the equivalent solution you could have used was to replace the goods with new ones. In this case, you may request a replacement on the grounds that you did not agree to the repair. Unfortunately, in the current legal framework, the period allowed for the exercise of warranty rights is not extended when the goods are replaced or repaired.
Welcome.
I am very much asking for help. I bought a phone which broke down after less than a month. I lodged a warranty claim with the seller on 22.02.2020 and asked him to replace the phone. On 3 March, I received a reply that due to the possibility of repair and the excessive cost, they will undertake the repair, i.e. replace the display.
How long can they repair this tel? To this day I have not had any information about the status of the phone. Apparently the repair in this situation is supposed to be done immediately without inconvenience to me... I have been left without a phone which I think is a very big inconvenience.
Can I request a refund in such a case or do I have to wait patiently until they kindly repair my phone?
Should I write some kind of reminder letter?
You should give the seller a deadline after which you can request a replacement, a refund or a price reduction.
Hello, on 10 August 2017, I purchased a Kiano notebook from the MediaExpert shop. It was covered by a 2-year manufacturer's warranty, and I also bought one year's additional insurance from Ergo Hestia, through the MediaExpert shop. The laptop has been returned for warranty several times since I bought it due to numerous faults, and this was because of the battery, problems with the matrix, a non-functioning keyboard, a non-functioning speaker, there was a situation where it wouldn't turn on at all. In total, it was sent in for repair about 10 times. When I returned it a few days later, the "repaired" part did not work again, or something else did not work; on one occasion, when I returned it from "repair", it was impossible to start it up, so I did not accept it and it was sent back. On a number of occasions, I have asked for a replacement or refund, but without success, I have been refused on the grounds that the laptop does not meet the requirements for replacement or refund. After the end of the warranty, the laptop still does not work, the insurance does not want to accept my equipment claiming that my insurance does not cover the faults I report. At the moment the laptop is not booting up at all. Based on what I understood from the article, my fault also occurred in the 24th month of the warranty. What can I do now, can I try again in some way to intervene, and how can I do this? Of course, I probably won't be able to sort anything out now, but after the epidemic.... Thank you and best regards.
The case is unfortunately rather untenable if you have been using the manufacturer's guarantee all along. The period for lodging a complaint under the warranty has already expired. Furthermore, complaints must be lodged within one year of the discovery of the defect. On the other hand, few people know that the warranty claim period has expired, but this does not deprive us of the right to claim compensation under general law. To this end, I would suggest sending a request for payment to the seller for the damage suffered through the fault of the seller, consisting of the purchase of defective goods and the loss of money, i.e. the failure of the seller to fulfil its sales contract. After the expiry of the deadline to no avail, you have the option of suing the court for payment.
Good morning,
I returned the phone for complaint, I described two defects (1. screen burn-in and 2. slow, hanging system, tens of seconds waiting to open applications), but I did not specify whether I was invoking warranty or guarantee. The shop sent the phone for service. After some time and inquiring about the situation, I received a reply:
1. burnt screen is the fault of a bent screen - warranty repair denied
2. the system has been reloaded and the phone is working fine
I won't argue with the first one, because I don't see any chance of proving that the phone was not damaged.
But the second problem remained unresolved, the system continues to run very slowly. Can I now invoke the warranty in my complaint? And can I request a withdrawal from the contract?
Thank you kindly in advance for your reply
Of course, if the goods still have a defect, you can invoke the warranty provisions. However, I would suggest that you ask whether the goods were actually accepted under warranty the first time. The reason for this is that if it turns out that the goods do not comply with the contract for the second time and it is claimed under the warranty, you have the unconditional right to withdraw from the contract or to reduce the purchase price. Otherwise, unfortunately, the vendor may offer to repair or replace the goods immediately.
Can I ask what I should do if I took a faulty item (coat) to a shop, the seller immediately recognised the complaint, informed me that the amount I had paid would be refunded as paid, i.e. to my bank account within a few working days. I received a confirmation printout. Unfortunately, after a week the money had not been refunded. I wrote to the seller and received a message that the money would be returned to my account within 15 working days. After 15 working days, I contacted the seller again and got the same message. It has been over a month since my complaint was accepted and the seller has not refunded my money. How do I enforce the refund?
Perhaps a good solution in this situation would be to ask the Consumer Ombudsman to intervene or use the Financial Ombudsman. You should certainly call on the seller in writing to pay the money by a specific date with the threat that you will file a lawsuit for payment in court after the deadline has expired without success.
Respect.
I have a question and I would be very grateful for your answer (by the way, I admire how exhaustive you give your answers), namely I have a TV of a certain well-known brand, this is their second model I have acquired, as the first one was exchanged for this second one as part of the loss settlement by the insurer. It is a different model, two years newer, but it has the same defect that the first one had: dust collects on the screen, from the inside. This causes darker spots that can be easily seen, especially on a white image.
The question is:
1. is it a "negligible" defect?
2. can I demand a refund right away and if so, from whom, the shop or the manufacturer, if I know that this defect is already repeated in their second model, which makes me lose confidence in the quality of all their TVs?
Thank you in advance for your reply, I tried to keep it as brief as I could.
Regards.
The defect is certainly a significant one. If the television has already been advertised on the basis of the warranty provisions and the seller has replaced the goods as a result of this complaint, then if the goods are advertised again, even for a different reason, he should make a refund in accordance with your request. The only question is whether the goods were claimed under the warranty? A warranty claim has different rights.
Good afternoon, I have a question from the other side. Someone bought a product in our online shop. At the time of purchase, he gave his details as the buyer and his shipping details (the same). After some time, a lady wrote to us (from a different email address than the buyer) and claimed to be his wife. She made a complaint. She wrote clearly that we were to "deal" with her (at her e-mail address and telephone number) on all matters relating to the complaint about this product. When we informed her that it was only with the buyer that we could write, discuss any complaints about this order, she said this was not true. Who is right?
The purchaser has the right of recourse. The buyer may use an attorney or a legal representative, which is undoubtedly the wife, for the legal action taken. In the case of internet sales, both the buyer and the attorney must prove their power of attorney when taking the action. In the case of internet sales, there is the problem of establishing the identity of the buyer. The data provided during the purchase, such as name, surname and e-mail address, serve this purpose. This data identifies the buyer. In the absence of a power of attorney, these data are the only means of identification. If a wife wishes to act as a substitute for her husband, she would have to present a power of attorney.
My complaint was acknowledged, and I received a new bag within 14 days (only, unfortunately, I don't know whether it was under guarantee or warranty?). The seller, who asked me via email if this new piece also comes with a two-year guarantee from the date of issue; replied that absolutely not, as he is only bound by the original date of sale. Is this legitimate? From the information contained here, I have come to a different belief.
The key is whether the complaint is based on a guarantee or a warranty. This is usually stated in the claim form. If the goods are replaced under warranty, the warranty period is not extended, i.e. it is calculated from the date of purchase of the goods. If the complaint is based on the warranty, the warranty period starts anew from the date of delivery of defect-free goods or return of the repaired goods.
If my headphones break and I go to the shop where they were bought, make a claim and want to exchange them for new ones, do they have to be the same brand ?
If the retailer does not have the same headphones with exactly the same production number, it may refuse to exchange them for new ones and instead offer a repair, a refund or a price reduction.
What if there is no proof of purchase of an item? I mean no receipt or card statement? Can a retailer refuse to accept a claim on the grounds that the item was not shown to have been purchased from a particular shop?
If the buyer is unable to prove the purchase in a particular shop, the seller may refuse to accept the complaint. According to Article 6 of the Civil Code, the burden of proof lies with the person who derives legal consequences from the fact.
6 months after I signed an installment contract for the phone, the battery in the phone stopped charging, the lady in Orange refused to claim me because the warranty card was not signed by the seller even though I showed the contract
Please read the article and the comments. You write about the warranty card and the warranty, which are two different things. Please claim the goods under warranty and state this clearly in your application.
Good day, the seller acknowledged the complaint on the basis of the warranty. He asked for a return by parcel post, which is cheaper for him. Do I have to return the goods this way or can I send them back e.g. by my courier or the Polish Post Office, which is more expensive?
The first paragraph of Article 3(3) of Directive 1999/44/EC, which was implemented into the Polish Civil Code in Article 561 /2/ para. 1 and 2 of the Civil Code provides that the consumer may require the seller to repair the goods or may require the seller to replace them, in both cases free of charge, unless this would be impossible or disproportionate.In turn, Article 3(4) of Directive 1999/44/EC stipulates that the phrase 'free of charge' appearing in paragraphs 2 and 3 of this provision refers to the necessary costs related to the restoration of the goods to conformity, in particular the costs of shipping, labour and materials. Thus, if it is possible to send the advertised goods at a lower price for the same service, this option should be used, unless there are objective reasons why sending the goods by parcel post cannot be done.
Welcome.
A Router bought with cash in a prepaid offer, with a receipt, i.e. by a consumer, was taken to the Play showroom. The router died - it stopped recognising the SIM card.
I told him I wanted to exercise my warranty rights, but the seller said he did not recognise warranty rights, only guarantee rights. Anyway, he accepted it during the warranty/guarantee period. And it has been holding for a month now, he states that parts are missing. At the end of June the warranty/guarantee ends.
What to do?
The question is, did you make your complaint in writing, stating your demands? If you have not done so, it will be difficult to prove that the complaint is based on the warranty and what you want in particular. I would advise you to inform the seller in writing as soon as possible of the basis of your complaint and your demands. The seller must repair the item immediately. A period of one month for repair does not fit in immediately. In this case the seller must either refund your money or replace the goods.
Good morning.
I purchased an ebook reader online and after six days it stopped working. I complained about the goods to the seller, who sent me back the goods unrepaired stating that the screen was mechanically damaged and I quote: "As a service unit we do not ascertain who or under what circumstances mechanically damaged the reader.
Instead, we find that the reader is mechanically damaged, and mechanical damage is not subject to warranty repair." There is not even a scratch on the outside of the reader, according to the manufacturer the crack is on the inside.I have been offered a post-warranty repair of 70% of the price of a new reader. Can I still use the warranty or other options?
Irrespective of the warranty claim, you can also make a claim under the warranty within the prescribed period. To do this, you must make a new application to the seller and state on it the reason for the complaint and your demands regarding the goods in question, i.e. whether you would like a refund or a replacement or repair or price reduction.
A very helpful article. However, what if the seller is the Polish Post Office, which as you know does not print receipts, secondly the sales department claims that the toy is supposed to work as it does, which is not true and thirdly I no longer have the manual so they would not accept it anyway. How do I fight for my rights in this situation, does there really need to be a manual? Is the Post Office an outlaw?
Poczta Polska, as the seller, is also obliged to comply with the legal provisions on complaints. Please put in writing that you are submitting a warranty claim and indicate how you would like the case to be resolved. Poczta Polska must accept the complaint. If it does not do so, it would be worthwhile to refer your action to the Consumer Ombudsman.
I purchased a corner sofa from an online shop and paid extra for the delivery service. The corner unit was damaged during transport or moving and, according to the manufacturer, the repair required taking the unit to the factory for several weeks, which was an undue inconvenience for me. The transport company, which also carried the furniture, was hired by the guarantor and listed the service on the purchase invoice. Do I then have to bear the cost of bringing in the damaged furniture?
According to article 548 paragraph 3 of the Civil Code, the seller, who has chosen the carrier himself, is responsible for the consignment ordered by the consumer on the internet until it is handed over to the recipient. This means that the seller is liable towards the consumer for, among other things, its damage during transport. If a piece of furniture has been damaged by the transport company, the seller is liable to you for the entire loss you suffered as a result of this, including the transport costs incurred.Of course, the seller may then have recourse to the transport company for reimbursement of the transport fees paid to you. However, this matter should be dealt with by the vendor directly with the company he used.
If it is the 14th day after the guarantor has received the faulty equipment and it has not yet been repaired, can I ask for a replacement or a different one for a possible additional charge? Can I get a refusal?
If you reported a defect under warranty, the 14-day period does not apply. If you have reported a defect under the warranty, it all depends on which claim you have made against the seller? If you have requested in writing to replace the goods with new ones, then after the expiry of this period, the seller must be deemed to have agreed to your request.
Good day, I have purchased a fridge from a large shop, in addition with a "warranty extension" (insurance), the term of which starts two years after the date of purchase of the fridge. This was the date written by the salesman in the shop, informing me that the fridge has a manufacturer's warranty for 2 years from the date of sale. At home, I read the warranty terms and conditions and it turned out that the equipment is guaranteed for 2 years from the date of purchase, but no longer than 3 years from the date of manufacture of the equipment. The fridge had just been manufactured three years earlier, meaning that the manufacturer's guarantee no longer applied on the day of sale. The seller not only misinformed me that the manufacturer's warranty was 2 years, but also sold me insurance, which does not start until those two years. Do I have any claims against the seller?
Irrespective of the guarantee, you may lodge a complaint against the seller on the basis of the warranty. If the seller has assured you that an item has certain qualities that it does not have, e.g. that the item has a guarantee, but in fact it does not, you can complain about this item in accordance with the provisions of the Civil Code on the warranty.
My question is. Does the start of the 14 day period for a response begin on the day the warranty complaint is sent or on the day the item is delivered to the seller? I advertised a large food processor. The purchase was online. Complaint by electronic means (email). The seller himself ordered a courier. I would like to add that in the complaint I described the defect (essential, significant) in great detail and sent accurate, documenting photos.
The 14-day period should be counted from the moment the seller has become or could have become acquainted with our request (Article 61 of the Civil Code). Thus, this will be the day on which the correspondence reached the seller. On the other hand, on the 14th day at the latest, we should receive information from the seller as to whether he acknowledges our claim. In order for the seller to meet the deadline, it is therefore not sufficient to post the letter at the post office on the 14th day of receipt of our claim. What is crucial is whether the buyer has, or could have, seen the seller's response within this period.
14/12/2016 I purchased the phone. 08/12/2018 I made a complaint under the terms of the warranty. The complaint was acknowledged on 18/12/2018 and on 05/01/2019 the phone was exchanged for a new one. Can I make a warranty claim for the replaced phone at this time? The manufacturer's warranty is one year so this is not an option. If a warranty claim can still be made, will there be a second claim for the same goods so I can expect a replacement or refund straight away?
Unfortunately, this is not how it works. You probably did not receive a new receipt when you exchanged your phone for a new one. This is because a warranty defect can be claimed up to two years after the purchase, i.e. from the date stated on the receipt or invoice. It sometimes happens that retailers go "out of their way" to provide you with a new receipt. Then, of course, the warranty applies from the date indicated on the receipt.
Good morning.
I purchased a washing machine. Along with the washing machine I also bought other appliances (fridge, electric hob etc). The purchase was made on 4/09 and the delivery on 7/09. The goods were delivered on a pallet by courier. The appliances stood in the flat and were then installed. After commissioning the washing machine for the first time, it turned out that it was leaking (early November). I reported the defect to the shop and they advised me to call the warranty service. The service technician found a mechanical defect, which could have occurred for example during transport, and refused to repair it. I contacted the shop under warranty and was told that they did not know what had happened to the goods for more than 2 months after purchase and that they could not be held responsible for the damage. What can I do? I reported the defect to the shop as soon as I discovered it. Is the shop not responsible for the goods it sells?
As the seller, the shop is obliged to accept your complaint under the warranty. The complaint must contain the necessary information, such as the fact that it is a complaint under the warranty and a clear statement of what you want: a replacement, repair or price reduction. If these elements are included in the complaint letter, the shop has 14 days to respond. If the time limit has expired, the retailer will be deemed to have agreed to resolve the complaint in the manner you have indicated. Unfortunately, I do not know what kind of service came to you and for what reason. If it was on the basis of a warranty complaint, it means that the seller did not accept the complaint. In such a situation, I would suggest that you go to the consumer ombudsman and ask him to intervene and write a letter to the seller or, alternatively, that you go to the financial ombudsman for proceedings before him. The last option is to sue for payment.
If a complaint is made under the warranty and the seller has neither responded to the complaint itself nor requested the defective goods to be sent back within 14 days, should the complaint be considered justified?
Yes, in such a situation, the seller must be considered to have accepted the complaint as justified in principle, but he may disagree with the way the complaint was handled and in certain situations he is entitled to do so. I write about this in the article.
Good afternoon, I run a one-man business - a carpentry shop. I purchased a cutting saw. The product was clearly broken - it shuddered, cut inadequately and there were disturbing noises during operation. I approached the seller, he sent me back to the service centre (there is no possibility to file a warranty in the shop). The service department repaired the equipment under warranty - the repair was made so that the protector piece was blocking the saw and posed a health/life hazard when cutting. The equipment continues to work as it did before being returned to the service. I know exactly how the equipment works and should work, as I have used two of the same tools in a previous job, so in terms of the defect I have no doubt. What are my rights now?
This is not true. We always lodge a warranty claim with the seller. Now the question is: Under which procedure did you have the equipment repaired at the service centre? Guarantee or warranty? If it is a warranty, you can file a second claim, this time with the dealer, requesting a rescission of the contract or a price reduction. Make this request in writing. The retailer will then have 14 days to respond to your request and either accept or reject it.
Welcome,
So if I notice a defect today and I bought the product a year and a half ago - I still have a year and not six months to file it ?
Yes. The time limit for submitting a warranty claim is 2 years.
What if I made a complaint about the equipment, which was accepted. A few months later, I made another complaint about the same equipment but a different problem. This claim was rejected because the warranty period had expired. Can I claim for repair of the equipment under the warranty in this situation?
If the two-year claim period has not expired, you can of course claim the goods under the warranty.
Welcome,
I ordered a fridge from an online shop 3 weeks ago and after unpacking it, it turned out that the fridge had visible dents on the front door. I immediately reported this to the shop, offering to reduce the value of the product for the damage. After a few days I received information that the shop agreed to my request.
After a week, however, I changed my mind because it was only in sunlight (and there is hardly any sunlight at this time of year) - that I saw that the fridge looked tragic - so I wrote again to the shop asking them to exchange the goods for a new one - stating that I would give them back the difference I had previously agreed to, but asking for a replacement.
The shop's response is : "As you have received a reduction in the price of the goods we cannot grant your request to replace the device".
Everything took place within 14 days of delivery - what can I do, is the shop obliged to exchange for full-quality goods - the fridge looks tragic
Thank you for your help
The only option is to send the seller a declaration of revocation of his declaration of price reduction on the grounds of a mistake, whereby revocation is possible and admissible only if the mistake was caused by the seller, even if through no fault of the seller, or if the seller knew of the mistake or could easily have noticed it. Such a situation does not seem to exist in your case. Therefore, I am afraid that only by re-submitting a complaint will you have the chance to withdraw from the contract.
Good morning,
What if the seller has not taken delivery of the parcel containing the claimed goods? The consignment is returned as unclaimed on time.
If the seller has not taken delivery of the goods for objective reasons such as illness or closure, you should contact the seller and ask where the delivery should be. The date of complaint is not the date of delivery of the goods but the date on which the information about the complaint reached the addressee, i.e. the seller, unless the complaint letter is in the package.
Good morning,
Is the warranty period extended if the goods have already been repaired once?
I once sent an item back under warranty and the seller repaired it. Now (when it has been 2 years) the same fault has happened again, I suspect the replaced part has broken again.
The seller has refused to accept the complaint. Do I still have a chance to make use of the warranty or guarantee in this situation?
Unfortunately, no. The warranty period is not extended. It is two years from the purchase of the goods, or more precisely from the date of delivery. However, please note that there is another time limit in the warranty regulations. The seller is liable under the warranty if a physical defect is found before the expiry of the two-year period, but the claim for rectification of the defect or replacement of the sold item with a defect-free item becomes time-barred after one year, counting from the day the defect was found. Thus, we may have a situation in which we last noticed a defect in the 24th month after delivery of the goods, but notified the seller within the third year after delivery. This extends the period for lodging a complaint by almost a full year.
Hi, I bought a pair of Gucci flip-flops that cost £1,300, one of the stickies got stuck after not regular or even very infrequent use for not even a year. they rejected my complaint and offered to glue the flip-flop together, can I have any recourse ?
If the goods are repaired promptly, you will unfortunately have to wait for a second complaint in order to request a replacement or withdrawal.
Good morning,
I have complained about kitchen fronts, the shop no longer has them in stock and I have been told to pay extra for the equivalent (the most similar looking) because they are now more expensive - do I have to pay the difference in price if it is not my fault that they have withdrawn the fronts from sale? Best regards
Unfortunately, yes. The exchange of a defective item for a defect-free one only applies to an item identical to the one being advertised. If an exchange is not possible, sellers often offer a refund.
Good afternoon, I would like to ask whether I have the right to make use of the warranty in this situation. At the end of October, I bought a used phone from a service that sells and repairs phones at the same time. I did not make the purchase directly from the service because the gentleman offered to be in my locality, so I agreed. Unfortunately, I did not receive any confirmation of this purchase. After two months, the phone started to switch off for no reason and eventually switched off completely. So I took it to another service centre for fault diagnosis. I decided to take it to the service centre from which I had purchased it. I paid £400 for the repair, and the phone started to switch off and on the same day...After taking the phone back, I was offered another repair (free this time). Unfortunately two weeks have passed and it is still not clear if the phone can be repaired. The seller is not replying to emails or taking calls from me. If it is not possible to get this phone repaired, do I have a warranty claim...?
You purchased the goods without receiving any confirmation of the purchase. I suspect that the seller made the sale outside his business, i.e. privately, which of course does not exempt him from liability under the warranty, but proving that the goods were purchased from him will be much more difficult.
The phone can be repaired regardless of the warranty claim, especially since you paid for the first repair. I think that you should write a letter of complaint to the seller, not a letter of complaint, but a letter stating your demands to the seller. The question is, were the first two repairs carried out on the basis of a written claim?
Great text!
Thank you 🙂
I have a question - my gate operator broke down, which is covered by a three-year manufacturer's warranty, but it has now been 2.5 years since purchase. I made a warranty claim. The manufacturer accepted the claim, sent a bill of lading and, for simplicity's sake, had the control module (electronics) itself sent by courier. After two weeks, the equipment came back with the note "power supply failure - cannot be repaired. Order possible."
Can the manufacturer refuse a warranty repair claiming that the cause of the damage could lie in external factors such as a power surge? The appliance itself has a fuse which has never blown and no other appliance in the house has ever suffered any damage. I am not in a position as a consumer to judge the correctness of the diagnosis, but what mainly puzzles me is whether, if the product is used for its intended purpose, it is possible to refuse repair?
You are asking about technical issues, which should be examined by an expert. It is also difficult to know what provisions the guarantee contains. If you do not agree with the refusal, you should take legal action, as the appointment of an expert does not at present necessarily meet with the approval of the guarantor either.
If the guarantor has sent the tablet to a completely different address and blames the buyer for the address, and the return address and fault description is enclosed, what action should be taken to recover the tablet or refund the cost of the tablet?
If you have informed the seller of the shipping address and can prove this, you will have to ask the seller to return the goods or, if necessary, exchange them for a new one or cover the damage. The fault obviously lies with the guarantor who did not exercise due care and sent the goods to the wrong address. However, it is worth checking whether the guarantor has a special procedure on his website. Perhaps it indicates how the shipping address can be changed?
Hi. What to do when we purchased an engine over the phone (engine searched on allegro and seller's website). After delivery by courier it turned out not to be the item as on the auction, the engine was in terrible condition. The mechanic fitted it and it turned out that it was not running, it was simply broken. After contacting the seller (who was confused, as if he knew what engine he had sent and wanted to deceive us on purpose), the courier came and took the broken one and then brought the one that was actually supposed to come. However, when we contacted the seller at the time, he said that they would compensate for the mechanic's work (i.e. the assembly and disassembly of the broken one). Now when we call about this they have stated that they will not give any money. Where clearly the fault is on their side. I would also add that we have photos of the old and new engine and recordings and to this recordings of the conversation with the seller. What to do in this situation?
Undoubtedly, if they have sent you goods not in conformity with the contract, you should bear the costs of fitting another motor. The question is: why was the first motor fitted when it was known that it did not have the characteristics of the goods you had purchased? In any case, if the first motor did not work and the contract between you stated that it should, the costs of fitting a second motor and also the transport costs must be borne by the seller. If this is the case, you will have to write to the seller and ask him to pay you a certain amount of money by giving him a deadline for payment and then take him to court.
Good afternoon, after a month the online shop notified us that the faulty TV advertised within 14 days of purchase was caused by us, during all this time the shop did not inform us of what was happening and even that they were sending the TV to a service centre, which I found out myself by writing to the shop every move what was happening. What's next????
If the complaint is based on the warranty and you are a consumer, the seller should have agreed to your requests as set out in the complaint. The seller should have informed you within 14 days of the complaint whether or not the complaint was accepted. If he failed to do so, you are entitled to the claim set out in the application. If he fails to do so, you are entitled to the claim set out in the application, which you must request from the seller and, if the deadline expires without results, take the matter to court.
great text and explanations
thank you 🙂
Overall a great text 🙂 The only thing missing here is one thing I look for everywhere and can't find anywhere.
Namely, phone returned to the shop, warranty complaint (request for replacement with a new phone), rejection decision after 21 days, i.e. the 14-day deadline exceeded. Phone collected from the shop and an appeal lodged, citing the Civil Code and the 14-day deadline. Does the fact that the phone was collected change anything? Aren't we bound by the acknowledgement of our demands because we missed the deadline just because we picked up the phone after those 21 days?
It is not, of course, obligatory for the seller to acknowledge the complaint if the deadline for replying is exceeded. You must call on him to act in accordance with your request and, if he fails to do so, take him to court. Unless you have signed on delivery that you have no claims, which has also happened before.
Good morning!
Very interesting article, but like Ms Julka, I too cannot find one piece of information anywhere. I returned the phone to the shop, a complaint under warranty and a request for a full refund. On the 15th day, I went to the shop, confident that the complaint was legally accepted after 14 days, and the lady there tells me that she is rejecting the complaint today, and that the deadline was met because under Article 7a of the Consumer Rights Act she has 30 days to give a decision, not 14. Is this an exception to the rule in the Civil Code?
Greetings!
Where the parties have entered into a contract of sale, Article 561(5) of the Civil Code should be regarded as a special provision in relation to Article 7a(1)-(2) of the Civil Code, as the hypothesis of Article 561(5) of the Civil Code has a narrower scope (similarly J. Pisulinski [in:] System Prawa Prywatnego, vol. 7, p. 238). And in view of this provision:
Art. 561(5)c.c. [Request by a consumer purchaser to replace an item, rectify a defect or reduce the price].
If a buyer who is a consumer has requested the replacement of an item or the rectification of a defect or has made a declaration concerning a reduction in price, specifying the amount by which the price is to be reduced, and the seller has not responded to that request within fourteen days, the seller shall be deemed to have accepted the request as justified shall have priority of application in consumer sales cases.
Good morning,
I've been thinking about invoking my warranty for a while now, I've read a lot about it but I'm still in doubt about whether I have this right and how to go about it. I bought a fridge 2 months ago, of course the manufacturer's description said it was quiet. To make a long story short, I haven't slept in 2 months because the fridge is whirring like a tractor and the room I sleep in is open to the kitchen. I complained to the manufacturer and they refused to repair it because they said it was working properly. I appealed the decision but again received a reply that there were no grounds for complaint. Can I try to apply for a warranty waiver? I would not like to exchange the goods, unless I could request an exchange for a different model and manufacturer as I do not want to deal with the current one ever again. Due to the size of the goods, what about returning them to the shop? Can I submit a request by e-mail, enclose correspondence with the manufacturer and recordings documenting the noisy operation of the refrigerator and wait for a decision, and return it once the complaint has been resolved?
Thank you in advance for your reply.
Your complaint has twice been rejected by the seller for this reason. Basically, the only option at the moment is court proceedings, in which the court will appoint an expert to check whether the fridge is making sounds above the permissible limit indicated in the manufacturer's documents.