Guarantee

The Products sold by the Seller may be covered by a guarantee granted by the producer or distributor of the Products.

In the case of the Products covered by a guarantee, information regarding the existence and content of the guarantee shall be always presented on the Shop Website.

Implied Warranty

The Seller ensures the Delivery of the Product(s) free of physical and legal defects. The Seller shall be liable towards the Customer if the Product has physical or legal defects (implied warranty).

If the Product is defective, the Customer may:

  • submit a statement on reduction of the price or rescission of the Contract of Sale, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective Product with a non-defective one or removes the defect. This limitation shall not apply if the Product has already been replaced or repaired by the Seller, or if the Seller failed to fulfil the obligation to replace the Product with a non-defective one or to remove the defect. The Customer may demand replacement of the Product with a non-defective one instead of removal of the defect proposed by the Seller, or demand removal of the defect instead of replacement of the Product, unless making the Product compliant with the contract in a manner chosen by the Customer is impossible or would require excessive costs as compared to the manner proposed by the Seller. When assessing if the costs are excessive, one shall take into account the value of the Product free from defects, the type and importance of the discovered defect, as well as the inconvenience experienced by the Customer in the event of other manner of satisfaction of the claim. The Customer may not withdraw from the Sales Agreement if the defect is irrelevant.
  • demand replacement of the defective Product with a non-defective one or removal of defect. The Seller shall replace the defective Product with a non-defective one or remove the defect within a reasonable time without excessive inconvenience to the Customer.
    The Seller may refuse to fulfil the Customer's demand if making the defective Product compliant with the Contract of Sale in the manner selected by the Customer is impossible, or would require excessive costs as compared to the other possible manner of making the Product compliant with the Contract of Sale. The cost of repair or replacement shall be incurred by the Seller.

The Customer exercising the rights under the implied warranty shall deliver the defective product to the Seller's address. If the Customer is a Consumer the delivery cost shall be incurred by the Seller.

The Seller shall be liable under the implied warranty if a physical defect is discovered before two years pass since release of the Product to the Customer. The claim for removal of defect or replacement of the Product with a non-defective one shall be barred by the statute of limitations after one year, however such time-limit may not end before a time-limit specified in the first sentence. Within this time-limit the Customer may rescind the Contract of Sale or submit a statement on reduction of the price due to defect of the Product. If the Customer demanded replacement of the Product with a non-defective one or removal of the defect, the time-limit for rescission of the Contract of Sale or submission of the statement on reduction of the price shall start running upon expiry of the time-limit for replacement of the Product or removal of the defect.

Any complaints related to the Product(s) or performance of the Contract of Sale may be submitted by the Customer in writing to the Seller's address.

The Seller shall within 14 days from the date of demand containing the complaint express his opinion on the complaint regarding the Product(s) or performance of the Contract of Sale submitted by the Customer.

The Customer may file a complaint to the Seller in connection with free electronic services provided by the Seller. The complaint may be sent in an electronic form to the address sklep@twojbrowar.pl. In the complaint the Customer shall include a description of the problem. The Seller shall immediately, however not later than within 14 days, consider the complaint and respond to the Customer.

The Seller does not take advantage of out-of-court settlement of disputes, mentioned in the law of 23 September 2016 on out-of-court settlement of consumer disputes.

Rescission of the Contract of Sale

The Customer being the Consumer, who concluded the Contract of Sale, may within 14 days rescind the Contract of Sale without giving any reasons.

The time-limit for rescission of the Contract of Sale shall start running as from the moment the Customer takes the possession of the Product. The statement may be submitted on the form, the template of which is provided by the Seller on the Shop Website: Rescission form. In order to comply with this time-limit, it is enough to send a statement before the lapse thereof. The Customer may rescind the Contract of Sale by submitting a statement on rescission via the form made available on the website: Electronic Rescission form. In order to comply with this time-limit, it is enough to send a statement before the lapse thereof. The Seller shall immediately confirm to the Customer the receipt of the form submitted via the website.

In the case of rescission of the Contract of Sale, the contract shall be treated as if it had never been concluded.

If the Customer submits the statement on rescission of the Contract of Sale before the Seller accepts the Customer's offer, the offer ceases to be binding.

The Seller shall immediately, not later than within 14 days from the date of receipt of the Customer's statement on rescission of the Contract of Sale, return to the Customer all payments made by the Customer, including the costs of delivery of the Product to the Customer. The Seller may withhold reimbursement of the amounts paid by the Customer until receipt of the returned Product or delivery by the Customer of a proof of sending the Product, whichever occurs earlier.

If the Customer exercising the right of rescission selects the method of the Delivery of the Product other than the cheapest ordinary Delivery method offered by the Seller, the Seller shall not be obliged to reimburse to the Customer the additional costs incurred by the Customer.

The Customer shall return the Product to the Seller immediately, however not later than within 14 days from the date of rescission of the Contract of Sale. To abide by the deadline, it is enough to send the Product to the Seller's address before expiry of such deadline.

In the event of rescission the Customer shall only incur the direct costs of returning the Product.

If, due to its nature, the Product cannot be sent back by traditional mail, the Seller shall inform the Customer about the costs of returning such Product on the Shop Website.

The Customer shall bear liability for decrease of the value of the Product as a result of use thereof outside the manner necessary to determine the nature, features and functioning of the Product.

The Seller shall reimburse the payment using the same method of payment as the one used by the Customer, unless the Customer expressly agrees to other method of reimbursement which does not entail any costs for the Customer.

The right to rescind the Contract of Sale is not vested in the Customer being a Consumer as regards contracts in the case of which the Product is a product which is liable to deteriorate or expire rapidly.

The right to rescind the Contract of Sale is not vested in the Customer being the Consumer as regards to contracts in the case of which the Product is a product delivered in a sealed package which cannot be returned after opening the package due to health protection or hygienic reasons, if the package was opened after delivery.


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