Complaints Procedure

UltrasPiro.Com Complaints Procedure

for Entrepreneurs, Legal Entities and Consumers

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Basic Provisions

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The operator of the ultrasfactory.net website and the provider of goods and services within its

business activities (hereinafter referred to as the “Seller”) is:

Bartosz Matczak

VAT ID: PL6462768684

REGON: 388080811

Ul. Honoraty 4/35 43-100 Tychy (Poland)

registered in the Commercial Register kept by the CENTRALNA EWIDENCJA I INFORMACJA O DZIALALNOSCI GOSPODARCZEJ prowadzona przez ministra rozwoju pracy i technologii)

  1.  

The rights and obligations of the contracting parties arising from liability for defects (hereinafter

referred to as “complaints”) shall be governed by the relevant generally binding legal

regulations; in particular the provisions of Act No. 89/2012 Coll., the Civil Code, as amended

(hereinafter referred to as “CC”), as well as other legal regulations; in particular Act No. 634/1992

Coll., on Consumer Protection, as amended (hereinafter referred to as “CP”).

  1.  

The Buyer in this sense may be:

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A consumer in accordance with Section 419 CC and Section 2(1)(a) of the CP (hereinafter

referred to as the “Consumer”),

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An entrepreneur in accordance with § 420 CC. For the purposes of the GTC )General

Terms and Conditions), an entrepreneur means a person who carries out a gainful

activity on his/her own account and responsibility by means of a trade or similar activity

with the intention of doing so on a continuous basis for the purpose of making a profit in

the course of his/her business activity and provides his/her identification number in the

order (hereinafter referred to as “Entrepreneur”),

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A legal person in accordance with Section 118 et seq. CC. A legal person is an organised

body that is determined by law to have a legal personality or whose legal personality is

recognised by law. A legal person may, irrespective of the object of its activity, have rights and obligations which are compatible with its legal nature (hereinafter referred to

as “Entrepreneur”).

  1.  

By concluding the Purchase Agreement, the Buyer agrees to the General Terms and Conditions

(hereinafter referred to as “GTC”), of which the Complaints Procedure is an integral part, and

confirms that the Buyer has become familiar with the contents of these documents.

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The Seller hereby duly informs the Buyer of the scope, conditions and method of making a

complaint, including information on where and how the complaint can be made.

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Seller’s Liability for Defects

  1.  

In accordance with Section 2161 of the Civil Code, the Seller guarantees to the Buyer that the

goods are free from defects upon acceptance. In particular, the Seller guarantees to the Buyer

that at the time the Buyer took over the goods:

  1.  

the goods have the characteristics agreed between the parties and, in the absence of an

agreement, those characteristics which the Seller or the Manufacturer specified or which

the Buyer expected with regard to the nature of the goods and based on the Seller’s or

Manufacturer’s advertising,

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the goods are fit for the purpose for which the Seller states they are to be used or for

which goods of that kind are usually used,

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the goods correspond in quality or workmanship to the agreed sample or specimen if the

quality or workmanship were determined by reference to the agreed sample or

specimen,

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the goods are in the appropriate quantity, measure or weight and

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the goods comply with the requirements of the legislation.

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The Seller shall attach a tax receipt to each item purchased, which can be used to make the

complaint.

III.

Guarantee Period

  1.  

Products from Ultras Factory Shop:

  1. The Buyer has the right to make a complaint regarding the goods purchased from the

Ultrafactory.net within 24 months (hereinafter referred to as the “Guarantee Period”).

The Buyer is also entitled to make a complaint within the period specified in

the technical specifications of the instrument or within the period specified by

agreement of the parties in the Purchase Agreement (hereinafter referred to as the

“Guarantee Period”).

  1.  

The Guarantee Period starts upon receipt of the goods by the Buyer.

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If the Buyer makes a justified complaint, the warranty period is extended by the period during

which the Buyer cannot use the defective goods.

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If the Buyer fails to make the complaint within the said period, its rights resulting from the

defective performance shall expire. IV.

Filling a Complaint

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The Buyer is obliged to file a complaint without undue delay after discovering the defect.

  1.  

The Buyer shall exercise the rights under the liability for defects, i.e. the right to repair the goods,

the right to exchange the goods or parts thereof, the right to a reasonable discount and the right

to withdraw from the Purchase Agreement (refund), with the responsible person at the address

referred to in Article I, p. 1.

  1.  

The Seller shall only receive complaints via shipping services at the Seller’s address specified in

the preceding paragraph.

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The Buyer shall send the goods in suitable packaging that corresponds to the nature and

characteristics of the goods claimed so that they are sufficiently protected during transport to

the Seller.

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When sending the goods by means of a carrier, the delivery of the consignment must not be

subject to payment of a delivery fee (cash on delivery). The Seller reserves the right to refuse to

take over such shipment.

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The shipment of the claimed goods must contain:

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complete packaging of the goods claimed,

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a copy of the proof of purchase,

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a detailed description of the defect,

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the Buyer’s contact details necessary to process the complaint (name, surname, address,

email, telephone contact),

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the requested method of handling the complaint (repair, replacement, discount,

completion of what is missing, withdrawal from the Purchase Agreement) – the Buyer

cannot change the choice made without the Seller’s consent; this does not apply if the

Buyer has requested the repair of a defect that proves to be irreparable.

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The Seller shall, as part of the complaint procedure, assess the claimed goods from the viewpoint

of the condition in which they were received from the Buyer.

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Within the framework of the complaint, the Seller will only assess the defect(s) specified by the

Buyer in the complaint – for this reason, the Seller requires a detailed description of the defect.

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Upon completion of the complaint procedure, the Seller shall issue the Buyer a written

confirmation of the settlement of the complaint, which shall include in particular:

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the date and manner of settlement of the complaint,

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confirmation of the manner in which the complaint was settled and the duration of the

complaint,

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where applicable, a written justification for the rejection of the complaint.

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Rights from Defective Performance

  1.  

If the item does not have the characteristics set out in Section 2161, the Buyer may also demand

the delivery of a new item without defects, unless this is unreasonable due to the nature of the

defect, but if the defect concerns only a part of the item, the Buyer can only demand the

replacement of that part; if this is not possible, the Buyer may withdraw from the Agreement.

However, if this is disproportionate due to the nature of the defect, especially if the defect can

be removed without undue delay, the Buyer has the right to have the defect removed free of

charge.

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The Buyer is also entitled to the delivery of a new item or the replacement of a part in the case of

a removable defect if the item cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the Buyer also has the right to

withdraw from the Agreement.

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If the Buyer does not withdraw from the Agreement or does not exercise the right for the

delivery of a new item without defects, replacement of a part of the item or repair of the item,

the Buyer has the right to request a reasonable discount. The Buyer is also entitled to a

reasonable discount if the Seller is unable to supply a new item without defects, to replace a part

of the item or to repair the item, and if the Seller fails to remedy the defect within a reasonable

time or if the remedy would cause the Consumer considerable difficulty.

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Anyone who has a right under Section 1923 of the Civil Code is also entitled to compensation for

the costs reasonably incurred in exercising that right. However, if the right to compensation is

not exercised within one month after the expiry of the period within which the defect must be

brought to attention, the court shall not grant the right if the Seller argues that the right to

compensation was not exercised in time.

  1.  

The rights in connection with defective performance do not apply, in particular, to cases where

the defect or damage has occurred due to:

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normal wear and tear caused by the use of the goods,

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improper installation, handling, operation or insufficient care of the goods,

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mechanical damage,

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unauthorised interference with the goods and alterations to the goods made by the

Buyer, if the defect has arisen as a result of such interference or alteration,

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removal or damage of seals where the goods are sealed,

  1.  

removal of such seals out of the scope of the relevant authorisation,

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electrical surges,

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damage caused by natural hazards or force majeure,

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improper use,

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use contrary to the instructions for use,

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use contrary to generally accepted rules of use,

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use contrary to the technical conditions of the goods,

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use contrary to the instructions provided in the service manual or operating instructions,

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use in conditions that do not correspond to the temperature, dustiness, humidity,

chemical and mechanical conditions of the environment that are directly specified by the

manufacturer or that are clearly implied by the nature of the product,

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forging of documents – the tax document shows signs of having been altered, or the

goods bear a different serial number from that shown on the tax document.

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Complaint Processing

  1.  

In relation to Consumers, the Seller or its authorised employee are obliged to decide on the

complaint immediately, or within 3 working days in complex cases, and to settle the complaint

within 30 days from the date of the complaint, unless the Seller and the consumer agree on a

longer period. The expiry of this time limit in vain shall be considered a material breach of the

Agreement.

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The Seller or its authorised employee are obliged to decide on an Entrepreneur’s complaint as

soon as possible and without undue delay, unless the Seller agrees with the Entrepreneur on a

longer period:

  1. The Hydraulics Division shall settle the complaint within 40 days from the date of the

complaint unless the Seller and the Buyer agree on a longer period,b. The Aerospace Division shall settle the complaint within 60 days from the date of the

complaint unless the Seller and the Buyer agree on a longer period,

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The Buyer shall provide the Seller with all assistance necessary to verify the existence of the

claimed defect and to remedy it.

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The Seller shall inform the Buyer by e-mail about the settlement of the complaint and its result

after the complaint has been settled; at the same time, the Seller shall inform the Buyer about

the method of delivery of the goods or provision of other performance.

  1.  

After the complaint has been settled, the Seller shall issue a written confirmation to the Buyer in

accordance with Article IV, paragraph 9.

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The claimed goods will be shipped to the Buyer’s address by means of a carrier after the

complaint has been settled. If the Buyer requires the goods to be sent to a different address than

the one indicated in the complaint report, the Buyer must sufficiently notify the Seller of this

fact.

  1.  

If the Buyer is a consumer, the Buyer is entitled to reimbursement of the costs reasonably

incurred in making the complaint, such costs being understood to be the lowest possible. This

includes, in particular, the postage costs for sending the claimed goods. In particular, the cost of

travelling by car to make the complaint, the cost of sending the goods by express delivery service

and other similar costs may not be regarded as reasonable costs. The Buyer must request

reimbursement of these costs from the Seller without undue delay, but within one month of the

end of the period for exercising the rights arising from the defective performance at the latest.

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The Buyer undertakes to accept the claimed goods from the carrier.

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The Buyer will be informed of the delivery date.

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If the Buyer is not present at the time of delivery, the Buyer may pick up the claimed

goods in accordance with the carrier’s shipment notification. If the Buyer is not able to

pick up the goods within the specified period, the claimed goods shall be returned to the

Seller. If the Buyer requests the claimed goods to be re-sent, the Buyer shall bear the

costs associated with the re-delivery of the goods.

  1.  

The shipment of the claimed goods that is not taken over by the Buyer will be returned

to the Seller and placed in storage. If the Buyer does not express an interest in redelivery

of the goods within 6 months from the date of settlement of the complaint, the Seller

reserves the right to sell or dispose of the goods. If the goods that were not taken over

are sold, the Seller shall pay the proceeds of the sale to the Buyer upon the Buyer’s

claim. The Seller has the right to unilaterally offset costs incurred in connection with the

sale of the goods (e.g. the cost of repair, storage of the goods, costs associated with the

sale of the goods and other legitimate claims).

VII.

Special Position of the Consumer

  1.  

The Consumer is not subject to those provisions of the Complaint Procedure that exclude or limit

his/her rights from defective performance of the Purchase Agreement or rights to compensation

for damages.

  1.  

The rights and obligations of the contracting parties regarding the liability for defects shall be

governed by the relevant generally binding legislation; in particular the provisions of Act No.

89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection,

as amended. VIII.

Inspection of Goods

  1.  

In connection with a settled complaint, the Seller undertakes to deliver the claimed goods back

to the Buyer and the Buyer undertakes to take over the claimed goods.

  1.  

The Seller delivers the goods only via carriers.

  1.  

Upon receipt of the claimed goods from the carrier, the Buyer is obliged to check the integrity of

the packaging of the goods and to notify the carrier immediately in the event of any defects. If

the packaging is found to be damaged, indicating unauthorised handling of the shipment, the

Buyer may not accept the shipment from the carrier. If the Buyer accepts the shipment from the

carrier, the Buyer shall take over the shipment with reservations and shall indicate the nature of

the damage in the carrier’s handover report. This shall be without prejudice to the Buyer’s rights

under liability for defects of the goods and other rights of the Buyer under generally applicable

law.

  1.  

The Buyer who has taken over the delivery with reservations shall notify the Seller without

undue delay at the address specified in Article I, point 1 and enclose the carrier’s handover

report; it is recommended (not required) to enclose photos of the damage to the packaging.

  1.  

On the day of receipt of the claimed goods, the Buyer undertakes to check their compliance with

the complaint form – in particular, to check that the goods are complete and that the packaging

contains everything it should contain. Later objections will no longer be taken into account.

  1.  

Breach of the obligation referred to in paragraphs 3, 4 and 5 of this article shall be considered a

material breach of the Agreement by the Buyer. If the goods are taken over by the Buyer and the

Buyer fails to notify the Seller of any defect without undue delay, the Agreement shall be

deemed to have been duly and timely performed.

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Final Provisions

  1.  

The Buyer’s rights under the law are not affected by this Complaints Procedure.

 
 
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