GENERAL WARRANTY TERMS
1. These General Warranty Terms lay down the rules for the granting of guarantees as to the quality of the things sold, the scope of the powers, as well as procedure for examining reported complaints on products from the company Przedsiębiorstwo Pszczelarskie Tomasz Łysoń limited liability company, limited partnership with its registered office in Sułkowice (PL-34125) at Racławicka Str. No.162, Poland, recorded in the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków (Cracow), XII Commercial Department of the National Court Register under number 0000384597, marked with a tax ID (NIP) 5512605186 number and with a National Economy Register (REGON) 121516572 number (hereinafter referred to as Manufacturer).
2. By product originating from Manufacturer is understood product produced by Manufacturer, as well as a third-party Product introduced by the Manufacturer on the market.
3. Whenever in these General Warranty Terms is made to a distributor, it should be understood as the trader/entrepreneur, who is involved in the resale of the products originating from Manufacturer in the course of his economic activity.
1. The products for which the Manufacturer has issued the guarantee certificate are covered by this guarantee. These General Warranty Terms are the Annex to guarantee certificate and constitute an integral part thereto.
2. The guarantee period for individual products is indicated in guarantee certificate issued for a given product.
3. The guaranteed coverage covers the territory of Poland.
4. Guarantee does not exclude, does not limit or suspend the powers of the Buyer under the provisions of the warranty for defects of the thing sold unless these provisions have not been disabled to the Buyer being an entrepreneur.
1. The guarantee covers only manufacturing defects of products, ie. defects resulting from causes remaining in the thing sold.
2. For defects shall not be included these defects which are caused, in particular, by:
a) use of the product contrary to its intended purpose,
b) the use or storage of the product incompatible with the operating instructions,
c) making any alteration in products, changes, repairs, disassembly, fitting of non-original spare parts by entities other than the Manufacturer or his authorised representatives,
d) mechanical damage, including in particular damage occurring during transport, and also caused by the liquid spill, dampness (eg. by precipitation or condensation in varying temperatures), atmospheric discharges, fire, incorrect power voltage, an activity of chemical agents.
3. By guarantee are covered exclusively the defects, which become apparent during the guarantee period.
1. Under the guarantee, the Buyer shall have the right in relation to Manufacturer to request removal of the defect covered by the guarantee at the expense of the Manufacturer, and in the case where this defect cannot be removed or it would require excessive costs compared to the value of the product – the right to supply of the same product free from defects.
2. In the case when supply of the same product free from defects is not possible, in particular, due to its unavailability in the offer of the Manufacturer, Manufacturer is entitled to an exemption from the obligation in relation to the Buyer by providing the product with the same purpose, parameters, properties and value or reimbursement to the Buyer of the part of the sales price, corresponding to the amount by which the value of the product was reduced as a result of the disclosure of its defect.
1. A person who has purchased a product originating from Manufacturer may seek the rights regarding Manufacturer resulting from the guarantee, if shall submit:
1/ guarantee certificate of product from Manufacturer, with the signature of the issuer of guarantee certificate and the stamp of the company,
2/ confirmation of product purchase from Manufacturer, in particular, the bill or invoice issued by Manufacturer or distributor of the products from Manufacturer.
2. Claiming the rights/powers under the guarantee shall take place by filing a complaint in the mode described in these General Warranty Terms.
3. The Buyer is obliged to lodge a complaint to Manufacturer, not later than within 3 months from the date of defect disclosure. In the case of non-submission of the complaint, within that period, expire the rights resulting from complaints associated with the disclosure of given defect.
1. In order to report a complaint in the framework of the granted guarantee, the Buyer is obliged to submit the completed form to Manufacturer, a model of which constitutes an Annexe to these General Warranty Terms, and in addition, it is available on the website of the Manufacturer.
2. The form should contain:
1/ the data of an entity/person lodging a complaint (first name, last name, an address for correspondence, or email address and contact telephone),
2/ an indication of the product to which the complaint relates (the exact name together with the serial number, if a product has such number),
3/ the date of purchase of the product,
4/ an indication of the entity from whom the product was purchased,
5/ a detailed description of the defect constituting the basis of the complaint, together with the date of disclosure,
6/ the content of the request – in accordance with § 4 (1),
7/ legible signature of person lodging a complaint.
3. The form together with a copy of the document, referred to in § 5 (1) point 2, person lodging a complaint is obliged to send:
1/ by mail, to the address - Klecza Dolna 148, 34-124 Klecza Górna or
2/ by e-mail, to the address - firstname.lastname@example.org
4. If the form will not comply with the requirements described in paragraph 2 or together with it is not submitted a copy of the document, referred to in § 5 (1) point 2, the Manufacturer will call person lodging a complaint to remedy the deficiencies within 7 days, indicating for person lodging a complaint, what information or documents should be supplemented by him.
5. In the case of failing to complete deficiencies accordance with the call within the period specified in paragraph 4, the complaint will remain unprocessed and will not have any legal effects.
1. The manufacturer shall recognise the complaint within 14 days from the date of its submitting, and in the case described in § 6 (4) – from day to supplement its deficiencies.
2. The manufacturer may require the person lodging a complaint to made available of the product to the inspection or upload additional photographic documentation.
3. The deadline to resolve the complaint is automatically extended by a period from the date of request targeted to the person lodging a complaint, referred to in paragraph 2, to the date of the inspection or the delivery of photographic documentation for Manufacturer.
4. The manufacturer shall inform person lodging a complaint about the method of examining the complaint by means of a written form by sending a letter at indicated in the complaint address for correspondence or - in the event of giving by the person lodging a complaint of e-mail address – by email. Moment to provide information relating to the adjudication of the complaint is the date of taken by the messenger of the first attempt of mail delivery or date of sending an email message containing the resolution of the complaint.
1. In the event of ruling a claim legitimate (acknowledge a complaint as justified), the person lodging a complaint/ complainant is obliged to deliver the product after made a complaint at the expense of Manufacturer – by the choice of the Manufacturer – to the place indicated in the guarantee certificate or to the place where the thing was released to the Buyer by Manufacturer or distributor – unless Manufacturer does not indicate that defect will be removed at the place where is the product. The costs of delivery of the thing shall be repaid for the benefit of the complainant, on the basis of VAT invoice or the bill.
2. Manufacturer undertakes to remedy a defect within a time limit agreed with complainant, and in the absence of an agreement – no later than 30 days from the date of delivery of the product by complainant, in accordance with paragraph 1, and in the case where the defect has been removed in the place in which the product is situated, from the date of notification of complainant, about method of considering a complaint.
3. Time limit indicated in paragraph 2 is automatically extended by time, in which the defect could not be removed on the basis of the circumstances independent of the Manufacturer, in particular, the waiting time for parts necessary to remedy the defect and obstacles which occurred on the part of the complainant.
4. If in the course of repairs associated with the removal of defect it is found that defects are such a kind that is not possible to remove them, Manufacturer will provide for complainant the same product free from defects within 30 days from the date of receiving the information about an inability to remove the defect. The provision from paragraph 3 shall apply accordingly.
1. If Manufacturer does not accept/acknowledge a complaint or other claims of the Buyer, and he does not agree with his decision, may request mediation or resolution to conciliation court, so use the alternative dispute resolution (ADR).
2. In particular, the Buyer who is a Consumer may request to Voivodeship Inspectorate of the Trade Inspection (jurisdiction over consumer contracts). To do this, you must submit an appropriate application (depending on the type of proceedings, application for mediation or application for examination of the case before conciliation court with jurisdiction over consumer contracts /application- arbitration covenant/clause) to territorially competent the Voivodeship Inspectorate of the Trade Inspection. Forms are available in the secretariat of every jurisdiction over consumer contracts, and also on Web pages of the Voivodeship Inspectorates of the Trade Inspection – The list of the Voivodeship Inspectorates of the Trade Inspection (WIIH), along with contact details , is available on the website - www.uokik.gov.pl.
In any matters not governed herein (General Warranty Terms), the provisions of the Civil Code shall apply.