Complaint – warranty and guarantee

When buying defective goods in the EU, Norway, or Iceland, you are protected by statutory legal rights. You can also benefit from voluntary commercial guarantees provided by manufacturers or retailers.

1. Statutory Legal Guarantee (Conformity with Contract)
Under EU Directive 2019/771 and national laws, the seller is legally liable for any lack of conformity (defects) existing at the time of delivery.

• 2-Year Minimum Coverage: Sellers are liable for defects that become apparent within 2 years of delivery.

• 2-Year Presumption Period in Poland: Any defect that appears within 2 years of delivery is legally presumed to have existed at the time of delivery. The seller must prove otherwise.

• Two-Tier Remedy System:

  • Step 1 (Repair or Replacement): You can first request a free repair or a replacement of the defective product within a reasonable timeframe.

  • Step 2 (Price Reduction or Contract Termination): If repair or replacement is impossible, refused by the seller, or if the defect is significant, you are entitled to a price reduction or a full refund (cancellation of the contract).

• 14-Day Response Time in Poland: Under Polish law, if a seller fails to respond to your written complaint within 14 calendar days, the claim is legally deemed accepted.

2. Commercial Guarantee (Manufacturer’s or Seller’s Warranty)
A commercial guarantee is a voluntary commitment offered by a manufacturer, distributor, or seller. It provides additional rights alongside your mandatory legal rights.

• Terms Set by Guarantor: Coverage, duration, and conditions depend entirely on the guarantee document.

• Standard Timeframes in Poland: If no specific deadline is mentioned in the guarantee document, Polish law stipulates that the guarantor must fulfill their obligations within 14 days.

• Statutory Guarantee Remains Active: Using a commercial guarantee does not affect or limit your rights under the mandatory Statutory Legal Guarantee. If a commercial claim fails, you can still file a complaint directly with the seller.

• “International” or “European” Guarantees: These are marketing terms. Always read the written conditions to verify the exact territorial scope and limitations of the coverage.