CONSUMER PRODUCT COMPLAINT BASED ON THE ACT

BASIS FOR THE COMPLAINT

due to warranty

DATE OF SALE AGREEMENT

refers to Sales Agreements concluded
since December 25, 2014

LEGAL BASIS

Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93 with amendments) and other generally applicable legal provisions

BASIC GROUNDS FOR SELLER LIABILITY

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

physical defect

The Seller is liable under the warranty for physical defects that existed at the time the risk passed to the Customer or resulted from a reason inherent in the sold Product at the same time.

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

1)    does not have properties that a Product of this type should have due to the purpose indicated in the Sales Agreement or resulting from the circumstances or purpose;

2)    it doesn't have the properties which the Seller assured the Customer of, including by presenting a sample or pattern;

3)    it is not suitable for the purpose that the Customer informed the Seller about when entering into the Sales Agreement, and the Seller did not raise any objections regarding its intended use;

4)    it was delivered to the Customer in an incomplete state.

If the Customer is a consumer, public assurances given by the manufacturer, its representative, a person who introduces the Product into the circulation in the course of its business activity, and a person who presents themselves as the manufacturer by placing their name, trademark, or other distinguishing mark on the sold Product are treated on par with the Seller's assurances.

The sold Product has a physical defect also in the event of incorrect installation and startup, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by the Customer who followed the instructions received from the Seller.

legal defect

The Seller is liable to the Customer if the Product sold is the property of a third party or if it is encumbered with the rights of a third party, and if the limitation in the use or disposal of the Product results from a decision or judgment of the relevant authority; in the event of a sale of the right, the seller is also responsible for the existence of the right

indemnification of the Seller from liability

The Seller is released from liability under the warranty if the Customer was aware of the defect at the time of concluding the Sales Agreement.

When the subject of the Sales Agreement are Products marked only as to species or Products to be produced in the future, the Seller is released from liability under the warranty if the Customer was aware of the defect at the time of handing over the item. . This provision does not apply when the Customer is a consumer.

The Seller is not liable to the Customer who is a consumer for the fact that the Product sold does not have the properties resulting from the public assurances referred to above, if he was not aware of these assurances or, judging reasonably, , could not have known or could not have influenced the Customer's decision to conclude the Sales Agreement, or when their content was corrected before concluding the Sales Agreement.

BASIC CONSUMER RIGHTS

These permissions are generally equivalent , which means that the Client can use both the first and second groups of permissions at once:

1) Group: price reduction/refund

If the sold Product has a defect, the Customer may submit a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective Product with a defect-free one or the defect will be removed. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Product with a defect-free one or to remove the defect. The reduced price should be in such proportion to the price resulting from the Sales Agreement that the value of the Product with a defect remains to the value of the Product without a defect. The Customer may not withdraw from the Sales Agreement if the defect is insignificant.

Ø If the Customer is a consumer, he may, instead of removing the defect proposed by the Seller in accordance with the provisions above, request replacement of the Product with a defect-free one or instead replace the Product, demand removal of the defect, unless bringing the Product into compliance 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. When assessing excessive costs, the value of the defect-free Product, the type and significance of the defect found, and the inconvenience to which the Customer would be exposed to another method of satisfaction are taken into account.

If only some of the Products sold are defective and can be separated from Products free from defects, without harm to both parties, the right The Customer's right to withdraw from the contract is limited to defective Products.

2) Group: repair/replacement

If the sold Product has a defect, the Customer may request that the Product be replaced with a defect-free one or that the defect be removed. The Seller is obliged to replace the defective Product with a defect-free one or remove the defect within a reasonable time without excessive inconvenience to the Customer. The Seller may refuse to satisfy the Customer's request if bringing the defective Product into compliance with the Sales Agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the other possible method of bringing about compliance with the Sales Agreement.

IMPORTANT COMPLAINT DEADLINES

1 year of presumption of defect at the time of Product release

The Seller is liable under the warranty for physical defects that existed at the time the danger passed to the Customer or resulted from a cause inherent in the Product sold at the same time. If the Customer is a consumer and a physical defect is discovered within one year from the date of delivery of the sold Product, it is presumed that the defect or its cause existed at the time the danger passed to the Customer.

2 years of Seller's liability

The Seller is liable under the warranty if a physical defect is detected within two years, and in the case of real estate defects - within five years from the date of delivery of the Product to the Customer. To exercise the rights under the warranty for legal defects of the sold Product, the provisions relating to physical defects apply, except that the period for exercising the rights under the warranty starts from the day on which the Customer learned about the existence of the defect, and if the Customer learned about the existence defects only as a result of an action brought by a third party - from the date on which the judgment issued in the dispute with the third party became final.

PLACE AND HOW TO SUBMIT A COMPLAINT

A complaint may be submitted by the Customer, for example:

· in writing to the following address: Europe Simpleks Hurtownia Sp. z o. o. Sp. k., ul. Sabały 58, 02-174 Warszawa;

· in electronic form via e-mail to: sklep@stalman.pl;

COMPLAINT DESCRIPTION

It is recommended that the Customer provide the following information in the description of the complaint - 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 occurrence of the non-compliance/defect;

(2) request for a method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and

(3) contact details of the complainant.

The requirements given above are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

DELIVERY OF THE ADVERTISED PRODUCT

The Customer who exercises warranty rights is obliged to deliver the defective Product at the Seller's expense to the following address: Europe Simpleks Hurtownia Sp. z o. o. Sp. k., ul. Sabały 58, 02-174 Warsaw. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.

SELLER REPLY

The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Seller does not respond within the above deadline, in the event of a request for repair, replacement or price reduction, it means that the Seller has considered the complaint justified.

OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND BRINGING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES

Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warszawa.), whose task is, among others, to provide assistance to consumers in matters relating to out-of-court resolution of consumer disputes.

The consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims: (1) application for resolution of the dispute to a permanent consumer arbitration court (more information at: http:/ /www.spsk.wiih.org.pl/); (2) an application for out-of-court resolution of the dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business activity of the Seller); and (3) assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by e-mail at advice@dlakonsumentow.pl and by calling the consumer hotline number 801 440 220 (the hotline is open on Business Days, from 8:00 a.m. to 6:00 p.m., call fee according to the operator's tariff).

At http://ec.europa.eu/consumers/odr there is a platform for an online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service provision contract (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).