§1 Liability of the Seller
- The Seller is liable to the Customer who is a Consumer for the non-conformity of the goods with the contract (commonly: physical or legal defects) that existed at the time of delivery and became apparent within 2 years from that moment (Art. 43c sec. 1 of the Consumer Rights Act).
- If the non-conformity of the goods with the contract becomes apparent within 2 years of delivery, it is presumed to have existed at the time of delivery. The Seller may rebut this presumption only in justified cases.
- The Seller cannot exclude or limit liability for non-conformity of the goods with the contract towards a consumer – any provisions to this effect are invalid.
§2 Customer’s Rights (what can you gain?)
If non-conformity of the goods with the contract is found, the Customer may request, in the following order:
Stage 1 – Repair or Replacement
The Customer may request a free repair of the goods or replacement with a new, defect-free one.
The Seller shall carry out the repair or replacement within a reasonable time, without significant inconvenience to the Customer, bearing all costs (including shipping, labour and material costs).
The Seller may refuse the method chosen by the Customer if it is impossible or would require excessive costs compared to the other method. In that case, the Seller shall propose an alternative.
Stage 2 – Price reduction or withdrawal from the contract (refund)
The Customer may demand a price reduction or withdrawal from the contract (refund) only if:
- The Seller refused repair/replacement (because it is impossible or costly),
- The Seller failed to bring the goods into conformity with the contract,
- Non-conformity of the goods with the contract still persists, even though the Seller tried to remedy it,
- The non-conformity is material (e.g., a serious defect that prevents normal use).
In the event of withdrawal from the contract, the Seller shall refund the price of the goods to the Customer no later than within 14 days of receiving the goods or proof of their return.
§3 How to file a complaint? (Form and place)
- Any form: The Customer may file a complaint in writing (letter, email), by phone or orally. For evidentiary purposes, we recommend written form (email or registered letter).
- Address for complaints:
- Email: [Oree.europe ( at ) gmail.com]
- By post: [Magazyn zwrotów VSPB, ul. Kościuszki 10, 67-106 Otyń with “Complaints” note]
- Complaint form template (annex to the terms and conditions) – the Customer may use it, but it is not mandatory.
Minimum content of the complaint (to speed up the process):
- Customer’s full name, email address, order number.
- Description of the defect (what exactly is wrong) and the date it occurred.
- Customer’s demand (repair, replacement, price reduction, refund).
- Proof of purchase (receipt, invoice, transfer confirmation, bank statement screenshot). Lack of a receipt is not grounds for rejecting the complaint – the defect may also be proven in another way.
§4 Deadlines for handling complaints
- The Seller shall respond to the complaint within 14 calendar days of receiving it.
Key point: If the Seller does not respond within 14 days, the complaint is considered justified (Art. 561(5) of the Civil Code / Art. 43d sec. 4 of the Consumer Rights Act).
§5 Costs of complaints regarding non-conformity with the contract (new regulations as of 2023)
- All costs related to bringing the goods into conformity with the contract (repair, replacement, collection of the goods from the Customer, delivery of repaired/new goods) shall be borne by the Seller.
- The Customer is not obliged to bear the costs of disassembly or reinstallation of the goods, unless the defects were caused by the Customer.