- START – buyer’s rights
- Article 560 § 3 of the Civil Code
- Basis for liability for defects
- Buyer’s warranty rights
- Civil Code
- Claims for compensation
- Consumer’s rights act
- Consumer sales – consequences of non-response to the consumer’s claims
- Consumer sales – extended notion of sold item’s non-compliance with the contract
- Consumer sales – limitation of the seller’s freedom of choice
- Consumer sales – period of prescription
- Consumer sales – presumption of the defect’s existence upon transferring the risk to the buyer
- Costs incurred by the consumer withdrawing from the contract
- Cost of removal and reinstallation in consumer sales
- Distance contracts
- Guarantee document
- Guarantee statement
- Improper performance of the contract
- Legal defects
- Major defect
- Minor defect
- Non-performance of the contract
- Obligations of a trader buyer
- Off-premises contracts
- Physical defects
- Price reduction
- Quality guarantee
- Refunds (upon withdrawal from a distance contract or an off-premises contract)
- Repair or replacement of an item
- Returning an item (upon withdrawal from a distance contract or an off-premises contract)
- Time limits – warranty
- Time limit for withdrawal from the contract – distance sales and off-premises sales
- Withdrawal from a distance contract or an off-premises contract
- Withdrawal from the contract
- Withdrawal statement form
Quality guarantee is the basic type of a guarantee. If a quality guarantee has been given but its content is unclear (e.g. if the guarantee statement is laconic or vague), then in accordance with the Civil Code it should be assumed that the guarantor is obliged to remove a physical defect of an item or to supply a defect-free item, as long as defects have occurred within the guarantee period specified in the guarantee statement. If no period has been specified, then by default it is 2 years after the day of issuing the item in question to the buyer.
A guarantee only covers defects caused by reasons inherent in the sold item, unless its terms and conditions stipulate otherwise. This means that the guarantor may choose to be liable also for other defects, even those resulting from accidental damage of the item by the buyer.
Delivery of the item in exercising guarantee rights is at the cost of the guarantor. The place to which the item is to be delivered should be specified in the guarantee. If no such place has been specified, the item in question will be delivered to the place where the original item was issued to the buyer (unless the circumstances require that the defect should be removed in the place where the item was located at the time of identifying the defect).
If the time limit for fulfilling guarantee obligations by the guarantor has not been specified, then pursuant to the Civil Code those obligations should be fulfilled immediately and not later than 14 days after the buyer delivers the item.
If the item has been subjected to major repair or replaced with a defect-free one, the guarantee period starts anew. In other cases (e.g. in the case of a minor repair) the guarantee period is extended by the time during which the buyer was unable to use the item as a result of its defect.