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§ 1 Warranty for defects in the Goods

  1. In accordance with art. 556 of the Act of 23 April 1964 - the Civil Code, the Seller is liable to the Customer if the sold Goods have a physical or legal defect. The Seller is released from liability under the warranty if the Customer knew about the defect at the time of conclusion of the contract.
  1. The delivery of the Goods as part of the performance of the warranty for defects is at the Seller's expense.
  1. The Seller is liable under the warranty if the defect is found before the expiry of two years from the date of issue of the Goods to the Customer. In the case of used Goods, the Seller is liable under warranty for defects found within one year from the date of delivery of the Goods to the Customer who is a consumer.
  1. In accordance with art. 558 of the Act of 23 April 1964, the Civil Code, in the case of sale to a Customer who is an entrepreneur, the Seller's liability under warranty is excluded.
  1. Notification of defects in the Goods should be sent electronically to info@traktor.com.pl or in writing to the Seller's registered office address. The notification can be sent on the form constituting Annex No. 2 to these Regulations.
  1. If it is necessary to assess physical defects, the Goods should be delivered to the following address: 36-002 Jasionka, Tajęcina 2KA.
  1. The Seller shall respond to the Customer's notification within 14 calendar days from the date of its receipt. Failure to consider the notification within the specified time limit is tantamount to its acceptance.
  1. The Seller covers the costs of collection, delivery, removal of defects or replacement of the Goods with a new one.


§ 2 Withdrawal from the sales contract

  1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is sufficient to send the declaration before its expiry. The declaration of withdrawal from the contract may be submitted, for example: in writing to the address: 36-002 Jasionka, Tajęcina 2 KA or in electronic form via e-mail to the address: info@traktor.com.pl

  2. The return of the Product - movable items (including movable items with digital elements) as part of the withdrawal from the contract may be made to the address: 6-002 Jasionka, Tajęcina 2 KA.
  3. A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and additionally constitutes Annex No. 1 to the Regulations. The consumer may use the sample form, but this is not obligatory.
  4. The time limit for withdrawal from the contract begins: for a contract under which the Seller delivers a Product and is obliged to transfer its ownership - from the moment the consumer or a third party indicated by him other than the carrier takes possession of the Product, and in the case of a contract which: (1) covers many Products that are delivered separately, in batches or in parts - from the moment the last Product, batch or part is taken into possession, or (2) consists in the regular delivery of Products for a specified period of time - from the moment the first Product is taken into possession; for other contracts – from the date of conclusion of the contract.
  5. In the event of withdrawal from a contract concluded at a distance, the contract is deemed not to have been concluded.
  6. Products – movable items, including movable items with digital elements: The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product – movable item, including movable item with digital elements (except for additional costs resulting from the consumer's choice of delivery method other than the cheapest standard delivery method available in the Online Store). The Seller shall return the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to another method of return that does not involve any costs for him. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer, the Seller may withhold the refund of payments received from the consumer until the Product is received back or the consumer provides proof of its return, depending on which event occurs first.
  7. In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to return the Product before it expires.
  8. The consumer is liable for the reduction in the value of the Product - a movable item (including a movable item with digital elements) - resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the Product.
  9. Products - digital content or digital services: In the event of withdrawal from the contract for the supply of the Product - digital content or digital service - the Seller, from the date of receipt of the consumer's declaration of withdrawal from the contract, may not use content other than personal data provided or generated by the consumer during the use of the Product - digital content or digital service - provided by the Seller, with the exception of content that: (1) is only useful in connection with the digital content or digital service that was the subject of the contract; (2) relates exclusively to the consumer's activity during the use of the digital content or digital service provided by the Seller; (3) has been combined by the entrepreneur with other data and cannot be separated from them or can only be separated with disproportionate efforts; (4) were created by the consumer together with other consumers who can still use them. Except for the cases referred to above in points (1)–(3), the Seller shall, at the consumer's request, make available to him content other than personal data that was provided or created by the consumer during the use of the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further use of the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user account, which does not affect the consumer's rights referred to in the preceding sentence. The consumer has the right to recover the digital content from the Seller free of charge, without hindrance on the part of the Seller, within a reasonable time and in a commonly used machine-readable format.
  10. In the event of withdrawal from the contract for the delivery of a Product - digital content or digital service, the consumer is obliged to stop using this digital content or digital service and making it available to third parties.
  11. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear: In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest standard method of delivery available in the Online Store, the Seller is not obliged to refund the consumer the additional costs incurred by him. In the case of Products - movable items (including movable items with digital elements) - the consumer bears the direct costs of returning the Product. In the case of a Product - service, the performance of which - at the consumer's express request - began before the expiry of the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the time of withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided. Due to the dimensions and weight of the goods, in the event of withdrawal from the contract, returning the goods may involve higher costs than regular post.

  12. The right to withdraw from a distance contract does not apply to the consumer in relation to contracts: (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the Seller has provided the service, the consumer will lose the right to withdraw from the contract and has acknowledged this; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the period for withdrawal from the contract; (3) in which the subject of the provision is a Product - a movable item (including a movable item with digital elements) - non-prefabricated, manufactured according to the consumer's specification or intended to meet their individual needs; (4) in which the subject of the provision is a Product - a movable item (including a movable item with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the provision is a Product - a movable item (including a movable item with digital elements) - delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery; (6) in which the subject of the provision are Products - movable items (including movable items with digital elements) - which after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) where the subject of the provision are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations beyond the Seller's control; (8) where the consumer has expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) where the subject of the provision are audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by way of a public auction;(12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision; (13) for the provision of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the provision, the consumer will lose the right to withdraw from the contract, and has acknowledged this, and the Seller has provided the consumer with the confirmation referred to in Article 15 paragraphs 1 and 2 or Article 21 paragraph 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price for which the consumer has expressly requested the Seller to come to him for the purpose of repair, and the service has already been fully performed with the express and prior consent of the consumer.
  13. The provisions contained in this point 8 of the Regulations concerning the consumer shall apply from 1 January 2021 and for contracts concluded from that day also to the Service Recipient or Customer who is a natural person concluding an agreement directly related to his business activity, when the content of this agreement indicates that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

§ 3 Complaint handling procedure

  1. This point 6 of the Regulations specifies the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
  1. The basis and scope of liability are specified in generally applicable legal provisions, in particular in the Civil Code, the Consumer Rights Act and the Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended).
     
  2. Detailed provisions regarding complaints about Product - movable item - purchased by the Customer under the Sales Agreement concluded with Until December 31, 2022 the Seller is determined by the provisions of the Civil Code in the wording applicable until December 31, 2022, in particular Art. 556-576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). The Seller is obliged to deliver a Product free from defects to the Customer. In accordance with Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product purchased in accordance with the previous sentence towards a Customer who is not a consumer is excluded.

  3. Detailed provisions regarding complaints about Product - movable item (including movable item with digital elements), excluding, however, movable item that serves exclusively as a carrier of digital content - purchased by the Customer under the Sales Agreement concluded with the Seller from January 1, 2023 are specified in the provisions of the Consumer Rights Act in the wording applicable from January 1, 2023, in particular Art. 43a - 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.

  4. Detailed provisions regarding the complaint of a Product - digital content or service or movable item, which serves exclusively as a carrier of digital content - purchased by the Customer under the Sales Agreement concluded with the Seller from 1 January 2023 or before that date, if the delivery of such a Product was to take place or took place after that date, are specified in the provisions of the Consumer Rights Act in the wording applicable from 1 January 2023, in particular Articles 43h - 43q of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-conformity of the Product with the Sales Agreement.

  5. A complaint may be submitted, for example: in writing to the following address: 36-002 Jasionka, Tajęcina 2 KA or in electronic form via e-mail to the following address: info@traktor.com.pl

  6. The Product may be sent or returned as part of a complaint to the following address: 36-002 Jasionka, Tajęcina 2 KA
  1. It is recommended to provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity or non-conformity with the contract; (2) a request for a method of achieving compliance with the contract or a declaration of a price reduction or withdrawal from the contract or another claim; and (3) the contact details of the person submitting the complaint – this will facilitate and expedite the consideration of the complaint. The requirements specified in the previous sentence take the form of recommendations only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

  2. In the event of a change in the contact details provided by the person submitting the complaint during the consideration of the complaint, they are obliged to notify the Seller of this.

  3. The person submitting the complaint may attach evidence (e.g. photos, documents or the Product) related to the subject of the complaint to the complaint. The Seller may also ask the person submitting the complaint to provide additional information or send evidence (e.g. photos) if this will facilitate and expedite the consideration of the complaint by the Seller.
  4. The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
  5. The Seller's liability under the warranty for the Product or the lack of conformity of the Product with the Sales Agreement is excluded.
  6. The Seller will respond to the complaint within 30 calendar days from the date of its receipt.

Appendix No. 1 - withdrawal form

Appendix No. 2 - complaint form