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Complaints policy

COMPLAINT PROCEDURE

1. DEFINITIONS

1.1. Seller - GTV Poland sp. z o.o. sp. k. with its registered office in Pruszków (05-800), 21 Przejazdowa street, entered into the register of entrepreneurs maintained by the District Court for the Capital City Warsaw, XIV Commercial Division of the National Court Register under number KRS 0000564747, NIP: 5342505912;
1.2. Buyer - a legal person, an organizational unit without legal personality, whose law grants legal capacity or a natural person conducting business, acquiring Goods from Seller;
1.3. Further Buyer - a legal person, an organizational unit without legal personality, whose law grants legal capacity or a natural person conducting business, acquiring Goods from Buyer;
1.4. Market Supervisor - a natural person responsible on behalf of Seller for contacts with Buyer established or conducting business activity outside the territory of Poland;
1.5. Goods - things specified as to their kind, the importer and seller of which in the territory of Poland is Seller;
1.6. Goods Defect – significant Apparent Defects, Latent Defects, and Legal Defects of Goods in the scope of under this Procedure;
1.7. Apparent Defect - a physical defect of Goods within the meaning of the Civil Code, identifiable at the time of delivery of Goods to the Buyer;
1.8. Latent Defect - a physical defect of Goods within the meaning of the Civil Code, which was created prior to the delivery of Goods to Buyer, which appeared at a later date;
1.9. Legal Defect - legal fault within the meaning of the Civil Code;
1.10. Quantitative Non-Conformance - release of Goods in a quantity less or exceed to that resulting from the invoice issued by Seller;
1.11. Procedure - this procedure of complaint, including the rules of complaint recognition on the basis of the provisions of the warranty.


2. CLAIM SUBMISSION

2.1. Complaints may include Goods Defect or Quantitative Non-Conformance.
2.2. Person entitled to file a complaint is Buyer. Seller is not obliged to refer to the complaint submitted by Further Buyer.
2.3. Buyer sends notification of the complaint by e-mail to the Customer Service Department - complaint department: reklamacje@gtv.com.pl. Buyer who is established outside the territory of the Republic of Poland shall file a complaint through Market Supervisor.
2.4. Complaint is filed on the complaint protocol form, constituting Appendix No. 1 to this Procedure. Complaints submitted in another form will be left unresolved.
2.5. Buyer is obliged to accurately describe what is in his opinion Goods Defect, so that Seller can handle the complaint without undue delay due to the need to determine the reasons for the complaint and Buyer's expectations. Buyer is obliged to provide a justification for the description of the reported defect of Goods, in particular if it claims that Goods do not have the property which such property should have due to the purpose of the contract indicated either due to circumstances or destination. Buyer is obliged to provide detailed information on Goods at Seller's request.
2.6. If the complaint involves the qualitative research of complained Goods, Buyer, who exercises warranty rights, is obliged to provide Seller with a complete Goods which, in his opinion, has quality defects.
2.7. If Seller considers that the consideration of the complaint requires investigation of Goods at Buyer, Buyer shall bear the costs of Seller's representative to the place of examination.

 
3. CLAIMING

3.1. If the complaint is complete and has been processed in accordance with this Procedure, in particular pursuant to point 2 Procedure, Seller shall, within 14 calendar days of receipt of the complaint, make a decision on how to handle it and Buyer thereof.
3.2. If the consideration of a complaint requires qualitative research or examination of Goods at Buyer, Seller should decide on how to settle the complaint within 14 calendar days from the date on which Goods were received or have examined Goods at Buyer.
3.3. Buyer in the complaint protocol indicates the way he is expected to perform the following selection complaints:

3.3.1. removal of Goods Defect,
3.3.2. replacing Goods with Goods devoid of Goods Defect,
3.3.3. lowering the price of Goods,
3.3.4. refund of the sales price of Goods.

3.4. Way of complaints performance is made by Seller and Buyer is not entitled to object to Seller's decision. In particular, the selection by Buyer of one of the claims does not exclude the possibility of Seller settling the complaint using a method not recommended by Buyer.
3.5. If Seller, when considering the complaint, has decided to remove Goods Defect and despite the attempted repair Goods Defect still exists - Buyer indicates his expectations as to how to handle the complaint effectively and Seller decides to replace Goods with Goods devoid of Goods Defect, lower the price of Goods or refund of the sales price of Goods. If replaced Goods have Goods Defect, Seller may decide to lower the price of Goods or refund of the sales price of Goods.
3.6. If Seller, when considering the complaint, has decided to replace Goods with Goods devoid of Goods Defect and replaced Goods also have Goods Defect - Buyer indicates his expectations as to how to handle the complaint effectively and Seller decides to remove Goods Defect, lower the price of Goods or refund of the sales price of Goods. If, despite the attempt to repair replaced Goods still have Goods Defect, Seller may decide to lower the price of Goods or refund of the sales price of Goods.
3.7. If Seller at any stage of the complaint decides whether to lower the price or refund the price of Goods, the complaint procedure is deemed to have been successfully completed.
3.8. If Seller has decided to refund the price of Goods or replace Goods with Goods devoid of Goods Defect, Buyer shall consult the way of returning defective Goods to Customer Service Department - complaint department. Seller will not accept returned Goods without prior consultation. Seller will only accept complete Goods.
3.9. In case of Quantitative Non-Conformance, Buyer may, by way of a complaint, demand delivery of the missing part of Goods or return Goods in excess of the order. Buyer is obliged to submit within 5 days from the date of delivery of Goods.

4. LIABILITY EXCLUSION

4.1. Seller shall not be liable for the warranty if Buyer knew about Goods Defects at the time of delivery of Goods.
4.2. Seller shall not be liable for any Goods Defects arising after the delivery of Goods to Buyer, unless the Goods Defects has been caused by a prior cause in Goods.
4.3. Seller shall not be liable for any Apparent Defects and Latent Defects in the event of improper installation and commissioning of Goods if such action has not been performed by Seller or by the third party for whom Seller is liable or if Buyer did not comply with the instructions or guidelines given in the instructions received from Seller.
4.4. Buyer is obliged to immediately examine Goods after receipt thereof in the manner accepted by such items and notify Seller of the existing Goods Defects. Failure to notify Seller of an existing Goods Defects within a maximum of 14 days from the date of receipt of Goods by Buyer or in the case of Latent Defect - within a maximum of 14 days of the date of discovery of the Latent Defect, shall result in the expiration of any warranty or claim of Buyer for warranty. The above time limit is retained if before the expiry of Buyer will send to Seller notice of the defect.
4.5. Entitlements or claims for Warranties for Apparent Defect and Latent Defect shall expire 2 years after the date on which Goods were issued to Buyer. Eligibility or warranty claims for Legal Defects will expire one year after the date on which Buyer advised of Legal Defects.

 

Complaint protocol: Download ikonki pdf

Complaint procedure: Download ikonki pdf

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