The Seller shall be liable to the Consumer under the terms set out in Article 556 of the Civil Code and subsequent provisions for defects (warranty for defects).
In the case of a contract with a Consumer, if a physical defect is found before the expiry of one year from the date of delivery of the item, it is presumed that it existed at the time the risk passed to the Consumer.
If the sold item has a defect, the Consumer may:
submit a statement requesting a price reduction;
submit a statement withdrawing from the contract; unless the Seller promptly and without excessive inconvenience to the Consumer replaces the defective item with one free from defects or removes the defect. However, if the item has already been replaced or repaired by the Seller, or the Seller has failed to fulfill the obligation to replace the item with one free from defects or to remove the defect, the Consumer is not entitled to replacement of the item or removal of the defect.
The Consumer may, instead of the defect removal proposed by the Seller, demand replacement of the item with one free from defects, or instead of replacement of the item demand removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared with the method proposed by the Seller, whereby in assessing the excessiveness of costs, the value of the item free from defects, the type and significance of the defect found, as well as the inconvenience to which the Consumer would be exposed by another means of satisfaction, shall be taken into account.
The Consumer may not withdraw from the contract if the defect is insignificant.
If the sold item has a defect, the Consumer may also:
demand replacement of the item with one free from defects;
demand removal of the defect.
The Seller is obliged to replace the defective item with one free from defects or remove the defect within a reasonable time and without excessive inconvenience to the Consumer.
The Seller may refuse to satisfy the Consumer's request if bringing the defective item into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared with the other possible method of bringing it into conformity with the contract.
If the defective item has been installed, the Consumer may demand that the Seller dismantle and reinstall it after replacement with one free from defects or removal of the defect; however, the Consumer is obliged to bear part of the related costs exceeding the price of the sold item, or may demand that the Seller pay part of the costs of dismantling and reinstalling, up to the amount of the price of the sold item. If the Seller fails to perform this obligation, the Consumer is authorized to carry out these actions at the Seller's expense and risk.
A Consumer exercising rights under the warranty for defects is obliged, at the Seller's expense, to deliver the defective item to the complaint address, and if, due to the nature of the item or the manner of its installation, delivery by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the place where it is located. If the Seller fails to perform this obligation, the Consumer is authorized to send the item back at the Seller's expense and risk.
The costs of replacement or repair shall be borne by the Seller, except for the situation described in §5 point 10.
The Seller is obliged to accept the defective item from the Consumer in the event of replacement of the item with one free from defects or withdrawal from the contract.
Within fourteen days, the Seller shall respond to the following based on Article 5615 of the Civil Code: a statement requesting a price reduction, a request for replacement of the item with one free from defects, and a request for removal of the defect. Within thirty days (Article 7a of the Consumer Rights Act), the Seller shall respond to any other statement of the Consumer not covered by the fourteen-day period specified in the Civil Code. Otherwise, it shall be deemed that the Seller has acknowledged the Consumer's statement or request as justified.
The Seller shall be liable under the warranty for defects if a physical defect is found before the expiry of two years from the date of delivery of the item to the Consumer, and if the subject of the sale is a used item, before the expiry of one year from the date of delivery of the item to the Consumer.
The Consumer's claim for removal of the defect or replacement of the sold item with one free from defects shall become time-barred after one year from the date the defect is found, but not earlier than before the expiry of two years from the date of delivery of the item to the Consumer, and if the subject of the sale is a used item, before the expiry of one year from the date of delivery of the item to the Consumer. 17. If the period of usability of the item for use specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller shall be liable under the warranty for physical defects of that item found before the expiry of that period.
Within the time limits specified in §5 points 15-17, the Consumer may submit a statement withdrawing from the contract or reducing the price due to a physical defect of the sold item, and if the Consumer requested replacement of the item with one free from defects or removal of the defect, the period for submitting a statement withdrawing from the contract or reducing the price begins when the time limit for replacement of the item or removal of the defect expires without effect.
If one of the rights under the warranty is pursued before a court or arbitration court, the period for exercising other rights available to the Consumer under this title shall be suspended until the proceedings are finally concluded. The same applies to mediation proceedings, whereby the period for exercising other rights under the warranty available to the Consumer begins on the date the court refuses to approve the settlement concluded before the mediator or the mediation ends without effect.
For the exercise of rights under the warranty for legal defects of the sold item, §5 points 15-16 shall apply, except that the period begins on the day the Consumer became aware of the existence of the defect, and if the Consumer learned of the defect only as a result of a claim by a third party, on the day the judgment issued in the dispute with the third party became final.
If, due to a defect in the item, the Consumer has submitted a statement withdrawing from the contract or reducing the price, the Consumer may demand compensation for the damage suffered by entering into the contract without knowing of the defect, even if the damage was the result of circumstances for which the Seller is not responsible, and in particular may demand reimbursement of the costs of concluding the contract, the costs of collection, transport, storage and insurance of the item, reimbursement of expenses incurred to the extent that the Consumer did not benefit from them and did not receive reimbursement from a third party, as well as reimbursement of legal costs. This does not affect the provisions on the obligation to compensate for damage under general principles.
The expiry of any period for finding a defect shall not preclude the exercise of rights under the warranty if the Seller fraudulently concealed the defect.
If the Seller is obliged to provide a service or financial performance to the Consumer, it shall do so without undue delay, no later than within the period provided for by law.
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