Complaints
  1. The Seller observes the obligation to deliver products to the Customer without any defects. Moreover, products are delivered as new and original in original and sealed packages. The foregoing does not apply to products such as miniature perfumes which are just an equivalent of the actual fragrance, inspired by the scent of famous perfumes offered by manufacturers from all over the world.
  2. If a given product has a defect, the legal basis for processing the complaint are relevant provisions of the Civil Code Act of 23 April 1964 (uniform text: Journal of Laws from 2014, item 121, as amended), including e.g. Art. 556-576.
  3. The Buyer has the right to make a complaint under statutory warranty if consumer goods are defective. There are two types of defects: physical and legal defects.
    1. A physical defect is the nonconformity of the product with the agreement. It happens in particular when a given item
      1. does not have a characteristic which a product of this type should have,
      2. does not have some characteristics which the consumer expected because the Seller or an advertisement assured that the product would have them,
      3. is not suitable for the purpose about which the Buyer informed the Seller,
      4. was handed over to the Buyer incomplete.
    2. A legal defect, on the other hand, may consist in the fact that the goods bought by the Buyer:
      1. belong to a third party
      2. are encumbered with a third party right or
      3. there are some constraints on using them or disposing of them which arise from a decision made by a competent authority.
  4. If there is a defect, the consumer may submit a complaint under statutory warranty to the Seller and request that the Seller take one out of four possible actions:
    1. replace the goods with new ones;
    2. repair the goods,
    3. reduce the price,
    4. withdraw from the agreement (if the defect is crucial).
  5. It is up to the Buyer to choose their request. On certain conditions, the Seller may propose a different solution, but it may only take place after the following circumstances are taken into consideration:
    1. how quick and easy it is to replace or repair the goods;
    2. whether the defect is crucial or non-crucial;
    3. whether the goods were complained about in the past.
  6. If the Buyer demands that the item be replaced or repaired, the Seller may refuse to comply with this demand if the option chosen by the Buyer:
    1. is impossible to be carried out by the Seller,
    2. requires incurring excessive costs as compared with another potential demand.
  7. The Seller may propose another solution. Notwithstanding the foregoing, in this situation the Buyer may change their mind and demand that the goods be brought into conformity with the agreement in a different way, e.g. by reducing the price, or may withdraw from the agreement.
  8. The Seller will replace the goods or rectify the defects within a reasonable period of time which may not exceed 14 calendar days. If the Seller fails to observe this time limit, the Buyer may set a new time limit in which the Seller needs to satisfy the request. In the case of further inaction by the Seller and ineffective expiry of the set time limit, the Buyer will be entitled to withdraw from the agreement or demand that the price be reduced.
  9. the Seller will be liable towards the Buyer for the sold goods, provided that the defect was discovered within 2 years from the hand-over of the goods. Throughout the first year of the duration of the Seller’s liability, there is a presumption that the discovered defect or its cause has already existed at the time of sale. In this situation, it is the Seller who needs to prove that the defect arose through the fault of the Buyer. In case a defect is discovered later, i.e. between the 12th and 24th month after the hand-over of the goods, the Buyer needs to demonstrate that the defect of the goods has already existed at the time of the sale.
  10. A complaint may be made in any form. For evidential purposes, it is the safest to make it in writing. It is necessary to describe the discovered defect and specify one’s demands under statutory warranty. The Buyer may submit the letter of complaint directly to the buyer (with confirmation on a separate copy) in the pick-up point at the following address: Spółka Cywilna Wiśniowski Rafał & Sadowski Artur, ul. Wodzisławska 12 lok U2, 44-240 Żory, NIP: 651-173-43-09, REGON: 382171607. The Buyer may also send the complaint by registered letter to the following address: Spółka Cywilna Wiśniowski Rafał & Sadowski Artur, ul. Wodzisławska 12 lok U2, 44-240 Żory, NIP: 651-173-43-09, REGON: 382171607 with a note saying “Complaint Perfumik.pl” or to the email address biuro@perfumik.pl.
  11. If in the complaint the consumer demands that the Seller
    1. repair the goods,
    2. replace the goods with new ones,
    3. reduce the price of the goods,

the Seller is obliged to process the complaint within 14 calendar days after it was submitted. If the Seller fails to observe this time limit, the complaint will be deemed justified.

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