returns and

complaints

information on furniture returns and complaints

 

COMPLAINT (WARRANTY) REGULATIONS 

  • 1 General provisions
  1. These Regulations set out the rules and procedure for handling complaints regarding goods sold by DEFTRANS Sp. z o.o., with its registered office in Wszewilki, ul. Sulmierzycka 73, 56-300 Milicz, entered in the register of entrepreneurs of the National Court Register (KRS) under number 0000097852 (hereinafter: ,,DEFTRANS’’). 
  1. These Regulations constitute DEFTRANS’s warranty statement within the meaning of Article 577 § 1 of the Polish Civil Code. They set out the rules for handling complaints submitted directly by Warranty Beneficiaries, in accordance with § 2(3)-(4) of these Regulations. 
  • 2 Distribution model and scope of the DEFTRANS warranty
  1. DEFTRANS sells goods exclusively under a business-to-business model to trade partners (hereinafter: ,,Business Partner’’), who sell the goods, in their own name and for their own account, to consumers and other purchasers (hereinafter: ,,Warranty Beneficiary’’). 
  1. DEFTRANS does not enter into sales contracts directly with the Warranty Beneficiary. The Business Partner, as the seller within the meaning of the relevant provisions of law, bears direct liability towards the Warranty Beneficiary and performs the information obligations towards the Warranty Beneficiary arising from generally applicable law. 
  1. Regardless of paragraphs 1-2, a warranty card is attached to every DEFTRANS product. On its basis, every Warranty Beneficiary may apply directly to DEFTRANS regarding the warranty referred to in § 4-7 of these Regulations. 
  1. The warranty referred to in paragraph 3 is voluntary and non-statutory in nature (Article 577 et seq. of the Polish Civil Code). It is furthermore independent of the provisions governing the Business Partner’s liability, as seller, for the lack of conformity of the goods with the contract (Chapter 5a of the Consumer Rights Act), to which DEFTRANS is not directly subject towards the Warranty Beneficiary, since it is not a party to the sales contract. The granting of the warranty does not limit, suspend, or exclude the Warranty Beneficiary’s rights under those provisions against the Business Partner (Article 43g of the Consumer Rights Act). The Warranty Beneficiary may pursue its rights against the Business Partner in parallel, irrespective of whether it makes use of the DEFTRANS warranty. 
  1. Handling claims relating to the lack of conformity of the goods with the contract remains the obligation of the Business Partner as seller. In practice, large retail chains handle such claims themselves, under their own procedures, while smaller retail shops more often direct the Warranty Beneficiary to make use of the DEFTRANS warranty described in these Regulations; this does not change the fact that liability for the lack of conformity of the goods with the contract remains with the Business Partner. 
  1. The scope of the warranty referred to in paragraphs 3-4 does not depend on the legal status of the Warranty Beneficiary (consumer, entrepreneur, or other entity). Every Warranty Beneficiary may make use of the warranty on the same terms (§§ 4–7). Irrespective of the warranty, the Warranty Beneficiary may be entitled to separate rights against the Business Partner as seller, which may be pursued in parallel. 
  • 3 Reporting damage occurring in transport
  1. Upon receipt, the recipient of a shipment should check its condition in the presence of the carrier. If visible external damage to the packaging is found, this must be reported to the carrier and a description of the damage found must be drawn up. 
  1. The time limit for reporting claims for damage or shortages in the delivery that are identifiable upon receipt of the shipment is 48 hours from the date of delivery of the goods, failing which such claims shall lapse. This time limit does not restrict any further rights of the Warranty Beneficiary arising from the DEFTRANS warranty referred to in § 5-7 of these Regulations. 
  1. A complaint reported on account of transport damage must be accompanied by a signed damage report drawn up jointly with the carrier. 
  • 4 Procedure for submitting and handling complaints
  1. Complaints are accepted on the DEFTRANS complaint form, available at https://deftrans.com.pl/reklamacje/. The completed form should be sent by post to DEFTRANS’s registered office address (Wszewilki, ul. Sulmierzycka 73, 56-300 Milicz) or electronically to: reklamacje@deftrans.com.pl. 
  1. A complaint notification should include: 
  1. proof of purchase and an accurate description of the defect; 
  1. photographic documentation and a photograph of the production label (MP label); 
  1. the Warranty Beneficiary’s details. 
  1. The complaint will be handled within 14 business days of the date of its receipt, unless delivery of the goods to DEFTRANS’s registered office is necessary to assess whether the complaint is justified, in which case this time limit runs from the date the goods are delivered. The time limit may be extended on account of non-standard dimensions, design, or technological features of the goods, of which DEFTRANS shall inform the Warranty Beneficiary, indicating a new deadline for handling the complaint. 
  • 5 Method of remedying a defect under the warranty
  1. Under the warranty referred to in § 2(4), DEFTRANS shall remedy the reported defect in the goods either by repair or by replacement of the goods with new ones. The choice of remedy rests with DEFTRANS. 
  1. The warranty obligations shall be performed within 30 days of the date the complaint is accepted and the goods are delivered to DEFTRANS’s registered office. The requirement to deliver the goods does not apply where the circumstances indicate that the defect should be remedied at the location where the goods were situated at the time the defect was discovered. 
  1. Failure to deliver the goods to DEFTRANS for the purpose of handling the warranty claim shall be deemed a withdrawal of the claim by the Warranty Beneficiary, subject to the exception referred to in paragraph 2, second sentence. 
  1. If the complaint proves unjustified, the costs of handling it shall be borne by the Warranty Beneficiary, to the extent of the costs actually incurred and reasonably related to transport, expert assessment, or diagnostic activities. 
  1. If DEFTRANS replaces the goods with new ones or carries out a material repair as referred to in paragraph 1, the warranty period specified in § 7 shall run anew from the date the defect-free or repaired goods are delivered to the Warranty Beneficiary. In all other cases, the warranty period shall be extended by the time during which the Warranty Beneficiary was unable to use the goods on account of the defect covered by the claim (Article 577 § 4 of the Polish Civil Code). 
  1. Delivery of the goods to DEFTRANS’s registered office, as referred to in paragraph 2, shall be at DEFTRANS’s expense, subject to paragraph 4 (the costs of an unjustified complaint are borne by the Warranty Beneficiary) and Article 580 § 1 of the Civil Code. 
  • 6 Duration and scope of the DEFTRANS warranty
  1. The warranty period is 24 months from the date the goods are issued to the Warranty Beneficiary. 
  1. The warranty covers goods purchased within the territory of the European Union. 
  1. The warranty does not cover defects arising from: use of the goods contrary to their intended purpose, the instructions for use, or the maintenance rules; alterations or modifications made without DEFTRANS’s consent; use in conditions other than domestic use, including for commercial purposes, by an entity that is not a consumer within the meaning of Article 22¹ of the Civil Code, or in buildings for collective residence, public buildings, commercial premises, or farm/outbuildings; improper transport or handling of the goods; or normal wear and tear. 
  • 7 No price reduction or withdrawal from the contract under the warranty
  1. This warranty does not provide for the possibility of the Warranty Beneficiary making a statement on price reduction or withdrawal from the contract; these remedies are not covered by the terms of the DEFTRANS warranty card. 
  1. The Warranty Beneficiary retains the right to pursue a price reduction or withdrawal from the contract solely against the Business Partner, on the basis of Chapter 5a of the Consumer Rights Act (Article 43e), in accordance with § 3(2) and § 2(4) of these Regulations — independently of this warranty. 
  • 8 Personal data protection (GDPR)
  1. The controller of the personal data provided in connection with a complaint is DEFTRANS Sp. z o.o., with its registered office in Wszewilki, ul. Sulmierzycka 73, 56-300 Milicz. 
  1. The Warranty Beneficiary’s personal data is processed for the purpose of handling the complaint under the DEFTRANS warranty on the basis of Article 6(1)(b) GDPR. With respect to the retention of documentation, the legal basis is Article 6(1)(c) GDPR, in accordance with accounting regulations. The data of contact persons on the Business Partner’s side is processed on the basis of Article 6(1)(f) GDPR, under the controller’s legitimate interest in managing the business relationship. 
  1. Full information on the rights of data subjects, the data retention period, and the recipients of the data can be found in the DEFTRANS Privacy Policy, available at: https://deftrans.com.pl/polityka-prywatnosci/. 
  • 9 Final provisions
  1. In matters not regulated by these Regulations, the generally applicable provisions of Polish law shall apply. 
  1. Directive (EU) 2024/1799 of the European Parliament and of the Council of 13 June 2024 (the ,,Right to Repair’’ Directive) concerns the liability of the Business Partner as seller towards the Warranty Beneficiary (Chapter 5a of the Consumer Rights Act) and applies only to the goods listed in Annex II of that Directive (including, among others, large household appliances, electronics, and light electric vehicles). Furniture is not covered by that list. This Directive does not impose on DEFTRANS any obligation to amend the warranty rules described in § 5-7 of these Regulations; DEFTRANS is not introducing into the warranty any solutions modeled on those provisions, there being no statutory requirement to do so. 

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