COMPLAINTS UNDER THE GUARANTEE

COMPLAINTS UNDER THE GUARANTEE
Complaints regarding purchased goods due to their factory defects should be reported directly to the Manufacturer’s/Guarantor’s Authorized Service or via our store by sending an e-mail to the following address moc.gnireenigne3i%40ofni Please attach the following to the e-mail:● order number or delivery note number● catalogue number of the product being the subject of the complaint● detailed description of defects or damage● photos confirming the type of damage● scan of the complaint protocol prepared by the courier (in case of damage during transport)● telephone number to inform you about the progress of the complaint process
NOTE: We recommend checking whether the shipment is not damaged in the presence of the courier and compiling a complaint protocol. This will allow for a positive consideration of any claims for damage caused during transport. 




COMPLAINTS – CONSUMERBASIS OF THE COMPLAINTnon-compliance of the Product with the agreement
DATE OF CONCLUSION OF THE SALES AGREEMENTapplies to Sales Agreements concluded from January 1, 2023
BASIC CONDITIONS OF THE SELLER'S LIABILITYThe Seller is liable towards the Consumer for the non-compliance of the Product with the Sales Agreement.Compliance of the Product with the Sales Agreement
The Product is compliant with the Sales Agreement, if in particular the following is compliant with the agreement:1. description, type, quantity, quality, completeness and functionality, and in relation to goods with digital elements - also compatibility, interoperability and availability of updates;2. suitability for a specific purpose for which it is needed by the Consumer, about which the Consumer notified the Seller at the latest at the time of concluding the Sales Agreement and which the Seller accepted.
In addition, in order to be considered compliant with the Sales Agreement, the Product must:1. be fit for the purposes for which a Product of this type is usually used, taking into account applicable laws, technical standards or good practices;2. be in such quantity and have such features, including durability and safety, and in relation to goods with digital elements - also functionality and compatibility, which are typical for a Product of this type and which the Consumer may reasonably expect, taking into account the nature of the Product, and public assurance made by the Seller, their legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller proves that:● a) they did not know about the public assurance and, judging reasonably, could not have known about it,● b) prior to the conclusion of the Sales Agreement, public assurance was rectified in accordance with the conditions and form in which public assurance was made, or in a comparable manner,● c) public assurance did not affect the Consumer’s decision to conclude the Sales Agreement;3. be delivered with packaging, accessories and instructions that the Consumer can reasonably expect to be provided;4. be of the same quality as the sample or pattern that the Seller made available to the Consumer before the conclusion of the Sales Agreement, and correspond to the description of such a sample or pattern.
Releasing the Seller from liability
The Seller shall not be liable for the non-compliance of the Product with the Sales Agreement to the extent referred to in the previous paragraph, if the Consumer, at the latest at the time of concluding the Sales Agreement, was clearly informed that a specific feature of the Product deviates from the requirements of compliance with the Sales Agreement and clearly and separately accepted the lack of a specific feature of the Product.
BASIC RIGHTS OF THE CONSUMER
Repair/ReplacementIf the Product is not compliant with the Sales Agreement, the Consumer may request its repair or replacement.
The Seller may make a replacement when the Consumer requests a repair, or the Seller may make a repair when the Consumer requests a replacement, if bringing the Product into compliance with the Sales Agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Product into compliance with the Sales Agreement.
When assessing the excess of costs for the Seller, all circumstances of the case are taken into account, in particular the significance of the Product’s non-compliance with the Sales Agreement, the value of the Product compliant with the Sales Agreement and excessive inconvenience to the Consumer resulting from the change in the manner of bringing the Product into compliance with the Sales Agreement.
The Seller shall repair or replace it within a reasonable time from the moment the Seller was informed by the Consumer about the lack of compliance with the Sales Agreement, and without undue inconvenience to the Consumer, taking into account the specificity of the Product and the purpose for which the Consumer purchased it. The costs of repair or replacement, including in particular the costs of postage, transport, labour and materials, shall be borne by the Seller.
The Consumer makes the Product subject to repair or replacement available to the Seller. The Seller collects the Product from the Consumer at their own expense.
If the Product was installed before the non-compliance of the Product with the Sales Agreement was revealed, the Seller disassembles the Product and reassembles it after repair or replacement, or has these activities performed at their expense.
The Consumer is not obliged to pay for the normal use of the Product, which was subsequently replaced.
Price reduction/withdrawal from the Sales Agreement
If the Product is not compliant with the Sales Agreement, the Consumer may submit a statement of price reduction or withdrawal from the Sales Agreement when:1. The Seller refused to bring the Product into compliance with the Sales Agreement;2. The Seller failed to bring the Product into compliance with the Sales Agreement;3. the non-compliance of the Product with the Sales Agreement still occurs, even though the Seller has tried to bring the Product into compliance with the Sales Agreement;4. the lack of compliance of the Product with the Sales Agreement is significant enough to justify a price reduction or withdrawal from the agreement without prior use of protection measures in the form of repair or replacement of the Product;5. it is clear from the Seller’s statement or circumstances that they will not bring the Product into compliance with the Sales Agreement within a reasonable time or without excessive inconvenience to the Consumer.
The reduced price must be in such proportion to the price resulting from the Sales Agreement, in which the value of the Product not compliant with the Sales Agreement remains to the value of the Product compliant with the Sales Agreement.
The Seller returns to the Consumer the amounts due as a result of exercising the right to reduce the price immediately, not later than within 14 days from the date of receipt of the Consumer's statement on the price reduction.
The Consumer cannot withdraw from the Sales Agreement if the lack of compliance of the Product with the Sales Agreement is irrelevant. It is presumed that the lack of compliance of the Product with the Sales Agreement is significant.
If the lack of compliance with the Sales Agreement applies only to some Products delivered under the agreement, the Consumer may withdraw from the Sales Agreement only in relation to these Products, as well as in relation to other Products purchased by the Consumer together with Products not compliant with the Sales Agreement, if it cannot reasonably be expected that the Consumer agrees to keep only Products that comply with the Sales Agreement.
In the event of withdrawal from the agreement, the Consumer immediately returns the Product to the Seller at their expense. The Seller returns the price to the Consumer immediately, no later than within 14 days from the date of receipt of the Product or proof of its return.
The Seller shall refund the cost of the Product using the same method of payment as used by the Consumer, unless the Consumer expressly agreed to a different method of refund, which does not involve any costs for them.
The Consumer may refrain from paying the price until the Seller fulfils the above-mentioned obligations.
IMPORTANT COMPLAINT DEADLINES
The Seller is liable for the lack of compliance of the Product with the Sales Agreement existing at the time of its delivery and revealed within 2 years from that moment.
It is presumed that the non-compliance of the Product with the Sales Agreement, which was revealed before the expiry of 2 years from the date of delivery of the Product, existed at the time of its delivery, unless it is proven otherwise or the presumption cannot be reconciled with the specificity of the Product or the nature of the Product’s non-compliance with the Sales Agreement.
PLACE AND METHOD OF SUBMITTING A COMPLAINT
A complaint may be submitted by the Consumer, for example:● in writing to the following address: FACTORY FAMILY WARSZAWA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. SIEDMIOGRODZKA, nr 1, lok. 304, 01-204, WARSZAWA, POLAND;● via e-mail: moc.gnireenigne3i%40ofni;● COMPLAINT DESCRIPTION
It is recommended that the Consumer provides the following information in the complaint description - this will facilitate and speed up the consideration of the complaint by the Seller:1. information and circumstances regarding the subject of the complaint, in particular the type and date of the appearance of non-compliance;2. requesting a way to bring the Product into compliance with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement;3. contact details of the complainant.
The requirements set out above are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.
Delivery of the Product being the subject of complaint
The Consumer who exercises the rights due to the non-compliance of the Product with the Sales Agreement is obliged to immediately deliver the defective Product at the expense of the Seller to the following address: FACTORY FAMILY WARSZAWA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. SIEDMIOGRODZKA, nr 1, lok. 304, 01-204, WARSZAWA, POLAND. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Consumer would be excessively difficult, the Consumer is obliged to make the Product available to the Seller at the place where the Product is located.
Seller’s response
The Seller will respond to the Consumer's complaint immediately, no later than within 14 calendar days from the date of its receipt. If the Seller has not responded to the complaint within the above-mentioned period, it is considered that the complaint has been accepted.

FACTORY FAMILY WARSZAWA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Company Name: FACTORY FAMILY WARSZAWA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ

Identification code: 523364941
VAT: 5273023215
KRS: 0000996525

Contact name: PASLAVSKIY YURIY
Address: ul. SIEDMIOGRODZKA, nr 1, lok. 304
Postcode: 01-204
City: WARSZAWA
Country: POLAND
Phone number: +48571524924
Email: moc.gnireenigne3i%40ofni