Every buyer has also the right to complain about defective goods, which can be done on the basis of warranty or guarantee. The consumer decides for himself the legal basis for the complaint: he can choose either a warranty or a guarantee (if granted). It is worth remembering that a guarantee is a voluntary commitment of the entrepreneur granted on the basis of a guarantee statement, which specifies his obligations and the rights of the buyer in the event that the goods do not have the properties specified in this statement.
The seller is liable for defective goods for 2 years from its release.
As part of the warranty claim, the consumer may demand: repair of the goods (removal of the defect); replacement of the goods with a new one; price reduction; withdrawal from the contract - if the defect is significant. When lodging a complaint, the consumer may demand a reduction in the price or withdrawal from the contract immediately after the existence of a material defect. The seller may propose a different procedure (repair, replacement), but only with the first complaint (in the case of subsequent defects of the same product, not anymore) and provided that they are implemented immediately and that there is no undue inconvenience for the consumer.
The period during which it is assumed that the defect existed at the time of sale is 12 months. After this period, it is up to the consumer to prove that the defect of goods existed at the time of purchase.
You should know that in the case of a complaint of goods e.g. to require the consumer to present a receipt or the original packaging of the product and to make the handling of the complaint subject to it, is inconsistent with the regulations. The seller is obliged to respond to the complaint within 14 days.
The consumer also has the right to complain about services.
Complaints about services
Every consumer has the right to lodge a complaint in connection with improper performance of the service.
Depending on whether it is e.g. a contract for a specific task (e.g. making furniture to order) or a mandate contract (service performed continuously), the procedures will be different.
If your company's work has defects, the consumer has the right to lodge a complaint. This takes place on the same terms as in the case of any consumer goods (i.e. under warranty or guarantee).
The consumer also has the right to withdraw from the contract and demand a refund if the entrepreneur is late in starting the work or performs it in a way that indicates that he will not finish it in the agreed time.
In the case of a contract of mandate, the entrepreneur may be liable for a lack of due diligence. The liability of the entrepreneur also applies to damage suffered by the consumer as a result of non-performance or incorrect performance of the outsourced service. In this case, however, the consumer must demonstrate such a connection.
Remember that the provisions set out in the Act on Consumer Rights, concerning obligations of entrepreneurs and consumer rights, are not applied in the case of, among others,
- social services (e.g. childcare contracts)
- the supply to the place of residence, stay or work of the consumer of food products and household goods intended for current consumption
- in automated points of sale (e.g. beverage vending machines)
- health care
- tourist events (e.g. purchase of a trip)
- developers (e.g. purchase of an apartment).