The Seller is liable to the Customer if the Product sold has a physical or legal defect (warranty).

physical defect

The Seller is liable under the warranty for physical defects existing when the risk was transferred to the Customer or resulting from a cause inherent in the Product sold at the same time.

A physical defect means non-compliance of Product sold with the Sales Agreement. In particular, the Product sold does not comply with the Sales Agreement if: 

1) it does not have the properties a Product of this type should have under the purpose in the Sales Agreement marked or resulting from the circumstances or intended use;

2) it does not have the properties assured to the Customer by the Seller, including in a presented sample or specimen;

3) it is not suitable for the purpose indicated to the Customer by the Seller when concluding the Sales Agreement, and the Seller did not objected to such purpose;

4) it was delivered to the Customer incomplete.
If the Customer is a consumer, public assurances by the manufacturer or their representative, a person who places the Product on the market under their business activity and a person who presents themselves as the manufacturer by placing their name, trademark or other distinctive mark on the Product sold are treated equally with assurances by the Seller.
The Product sold has a physical defect also in the event of improper installation and start-up, if these were performed by the Seller, a third party for which the Seller is liable, or by the Customer who followed the manual received from the Seller.

legal defect

The Seller is liable to the Customer if the Product sold is the property of a third party, if it is encumbered with the right of a third party, or if the restriction on the use or disposal of the Product results from a decision or ruling of the competent authority; if the right is sold, the Seller is also liable for the existence of the right.

Seller’s indemnity

The Seller is released from liability under the warranty if the Customer knew about the defect when concluding the Sales Agreement.

When the subject of the Sales Agreement are Products marked only regarding their type or Products to be developed in the future, the Seller is released from liability under the warranty if the Customer knew about the defect upon delivery. This provision does not apply when the Customer is a consumer.

The Seller shall not be liable to the Customer who is a consumer for the fact that the Product sold does not have the properties resulting from public assurances referred to above, if the Seller did not know or reasonably could not know such assurances or they could not influence the Customer's decision to conclude the Sales Agreement, or if the content thereof was rectified prior to concluding the Sales Agreement.

These rights are generally equivalent, which means that the Customer can immediately exercise both the first and second group of rights:

1) Group: price reduction /refund

If the Product sold has a defect, the Customer may make a request for price reduction or withdrawal from the Sales Agreement, unless the Seller replaces the Product with a defect-free one or removes the defect, immediately and without undue inconvenience for the Customer. The above does not apply if the Product has already been replaced or repaired by the Seller, or the Seller has failed to fulfil the obligation to replace the Product with a defect-free one or to remove the defect. The proportion of the reduced price to the price under the Sales Agreement should be the same as the proportion of the defected Product value to the defect-free Product value. The Customer may not withdraw from the Sales Agreement if the defect is irrelevant.

If the Customer is a consumer, they can request replacement of the Product with a defect-free one instead of the defect removal proposed by the Seller as per the provisions above, or request defect removal instead of Product replacement, unless making the Product compliant with the Sales Agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. Assessment of excessive costs takes into account the value and type of a defect-free Product and the significance of the identified defect as well as the inconveniences to which the Customer would otherwise be exposed.

If only some of the Products sold are defective and can be disconnected from defect-free Products without prejudice to both parties, the Customer's right to withdraw from the agreement is limited to defective Products only.

2) Group: repair/replacement

If the Product sold has a defect, the Customer may request replacement of the Product with a defect-free one or defect removal. The Seller is obliged to replace the defective Product with a defect-free one or to remove the defect within a reasonable time without excessive inconvenience for the Customer. The Seller may refuse to satisfy the Customer's request if making the defective Product compliant with the Sales Agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the other possible method for making the Product compliant with the Sales Agreement.

1 year - presuming the existence of a defect upon Product delivery
The Seller is liable under the warranty for physical defects existing when the risk was transferred to the Customer or resulting from a cause inherent in the Product sold at the same time. If the Customer is a consumer and the physical defect was identified within one year from the delivery of the Product sold, it is presumed that the defect or its cause existed when the risk was transferred to the Customer.

2 years of Seller's liability
The Seller is liable under the warranty if the physical defect is confirmed within two years or - in the case of a defect in property – within five years from the date of delivering the Product to the Customer. The provisions on physical defects apply to the exercise of rights under the warranty for legal defects in the Product sold; however, the period for exercising the warranty rights begins on the date on when the Customer became aware of the defect - and if the Customer became aware of the defect as a result of a third party’s claim - on the date when the ruling issued in a dispute with the third party became final.

A complaint may be filed by the Customer:
• in writing to the following address: Expom Kwidzyn Eu Sp. z o.o., ul. 15 Sierpnia 15, 82-500 Kwidzyn;
• by phone using the number: (+48) 537 841 478;
• electronically via e-mail to the following address: reklamacje@expom-eu.com;
• electronically via the contact form available on the Online Store website in the "Contact" tab.

You can use the ready FORM.

If it is necessary to deliver the Product to the Seller so that the Seller can respond to the Customer's complaint or the Customer can exercise their rights resulting from the non-compliance of the Product with the Sales Agreement/warranty, the Customer will be asked by the Seller to deliver the Product at the Seller's expense to the address: Expom Kwidzyn EU Sp. z o.o., ul. 15 Sierpnia 15, 82-500 Kwidzyn. However, if delivery of the Product by the Customer is impossible or excessively difficult because of the type of non-compliance/defect, the type of Product or the method of its installation, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

Please do not send cash-on-delivery shipments.
A request for the Product delivery referred to above does not affect the period in which the Seller must reply to the Customer's complaint and does not infringe the Customer's right - if the complaint under the warranty - to demand the Seller to dismantle the defective Product and re-install the Product after its replacement with a defect-free one or removal of the defect, as referred to in Article 561[1] of the Civil Code.

The Seller shall respond to the Customer's complaint immediately, not later than within 14 calendar days from the date of its filing. The Seller's failure to respond within the above period means that the Seller has accepted the complaint as justified.

Detailed information on how the Customer who is a consumer can use out-of-court complaint handling and redress procedures and the rules for accessing these procedures are available at the registered offices and on the websites of poviat (municipal) consumer ombudsmen and social organisations whose statutory tasks include consumer protection, Provincial Trade Inspectorates and at the following Internet addresses of the Office of Competition and Consumer Protection: 

• http://www.uokik.gov.pl/spory_konsumenckie.php
• http://www.uokik.gov.pl/sprawy_indywidualne.php oraz 
• http://www.uokik.gov.pl/wazne_adresy.php

A Customer who is a consumer has, among others, the following options to use out-of-court complaint handling and redress procedures:

• The Customer is entitled to file a request for settlement of a dispute resulting from the Sales Agreement with the permanent amicable consumer court referred to in Article 37 of the Trade Inspection Act of 15 December 2000 (Journal of Laws of 2001 No. 4, item 25, as amended). The rules of organisation and operation of permanent amicable consumer courts are set out in the Regulation of the Minister of Justice of 25 September 2001 on the rules of organisation and operation of permanent amicable consumer courts (Journal of Laws of 2001 No. 113, item 1214).
• The Customer is entitled to file a request for initiating mediation proceedings regarding an amicable settlement of the dispute between the Customer and the Seller with the Provincial Trade Inspectorate pursuant to Article 36 of the Trade Inspection Act of 15 December 2000 (Journal of Laws of 2001 No. 4, item 25, as amended). Information on the rules and manner of the mediation procedure carried out by the Provincial Trade Inspectorate is available at the offices and on the websites of respective Provincial Trade Inspectorates.
• The Customer may also get free assistance on the settlement of a dispute between the Customer and the Seller through the free-of-charge aid from the poviat (municipal) consumer ombudsman or social organisations whose statutory tasks include consumer protection (including the Consumer Federation, Polish Consumer Association).