Complaints and returns

Extract from the purchasing regulations

§8 WITHDRAWAL FROM THE CONTRACT

1. The Buyer, who is a consumer within the meaning of the provisions of the Civil Code (Journal of Laws No. 16, item 93, as amended), may withdraw from the concluded contract within 14 days without giving any reason.

2. For an effective withdrawal from the contract within the meaning of point 1 of this paragraph, it is sufficient for the buyer to send a written declaration by post within the statutory period of 14 days from receipt of the consignment. You can download the declaration form here.

3. The period for cancellation of the purchase contract begins at the time when the buyer takes possession of the ordered goods.

4. The declaration of cancellation of the contract can be sent by post to the seller's address. The use of the form is not obligatory and is merely for the convenience of the consumer.

5. To meet the deadline, it is sufficient for the buyer to send a declaration of withdrawal from the contract to the seller before the deadline expires.

6. The seller shall confirm receipt of the declaration of cancellation to the buyer without delay, but within 7 days at the latest.

7. In the event of cancellation of the purchase contract, it shall be deemed not to have been concluded.

8. In the event of withdrawal from the contract, the seller is obliged to return to the consumer all payments made by him, with the exception of the cost of delivery of the goods, immediately, but no later than within 14 days from the date of receipt of the buyer's notice of withdrawal from the purchase contract.

9. If the consumer has chosen a delivery method other than the most favourable standard delivery method offered by the trader, the trader is not obliged to reimburse the consumer for any additional costs incurred as a result.

10. The consumer is obliged to return the goods to the trader immediately, but no later than 14 days after the day on which he withdrew from the contract, or to hand them over to a person authorised by the trader to collect them. To meet the deadline, it is sufficient for you to dispatch the goods before the two-day period has expired.

11. The consumer shall bear the direct costs of returning the goods.

12. Due to the dimensions and weight of the goods offered by Lemax-PA Sp.z.o.o, in the event of withdrawal from the contract, the cost of returning the goods may be higher than for standard postal delivery.

13. The entrepreneur will refund the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for him.

14. The trader may withhold the reimbursement of payments received from the consumer until he receives the product back or until the consumer provides proof that he has returned the product, whichever occurs first.

15. The consumer is liable for any diminished value of the goods resulting from the use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.

16. The goods must be returned to the seller's address: Lemax-PA Sp.z.o.o Fichtengasse 4 3441 Baumgarten Austria

17. The buyer has no right to withdraw from the contract in relation to contracts:

a. In the case of the provision of services, the seller has provided the service in full with the express consent of the buyer and the buyer has been informed before the commencement of the provision of the service that the buyer loses his right to withdraw from the contract after the seller has fulfilled the service;

B. if the delivery is a non-prefabricated item manufactured according to the Buyer's specifications or intended to fulfil the Buyer's individual needs;

C. if the subject of the service is a good that is delivered in sealed packaging and is not suitable for return for reasons of health protection or hygiene after the packaging has been opened, if the packaging has been opened after delivery;

D. if the subject of the service are items which, due to their nature, are inseparably combined with other items after delivery;

§9 WARRANTY FOR DEFECTS

1. The seller is liable to the buyer if the item sold has a material defect or defect of title.

2. A material defect is the non-compliance of the sold item with the contract. In particular, the item sold is not in conformity with the contract if

a. it does not have the characteristics that an item of this type should have according to the contract or due to the circumstances or the intended use;

B. does not have the properties that the seller has assured the buyer, including by providing a sample or model;

C. they are not suitable for the use of which the buyer informed the seller when the contract was concluded and the seller has not objected to this use;

D. was delivered to the buyer incomplete.

3. The Seller's liability and the Buyer's rights under the warranty are governed by the Act of 23 April 1964 - Civil Code (consolidated text: Journal of Laws of 2014, item 121), as amended by the provisions of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827).

4. The seller is exempt from the warranty if the buyer was aware of the defect when the contract was concluded.

5. If the goods sold have a defect, the buyer may demand a price reduction or withdraw from the contract, unless the seller replaces the goods immediately and without undue inconvenience to the buyer with goods free of defects or removes the defect. However, if the item has already been replaced or repaired by the seller or if the seller has failed to fulfil its obligation to replace or remedy the defect, the buyer may demand a price reduction or withdraw from the contract.

6. If the Buyer is a consumer within the meaning of Article 221 of the Civil Code, the Buyer may demand the replacement of the product with a defect-free product instead of the removal of the defect proposed by the Seller, or the removal of the defect instead of the replacement of the product, unless the restoration of the product to the contractual condition in the manner chosen by the Buyer is impossible or would cause excessive costs compared to the method proposed by the Seller.

7. In the event of an insignificant defect, the Buyer is not entitled to withdraw from the contract.

8. The seller is liable for material defects of the product if the defect is discovered within two years from the date of delivery of the goods to the buyer.

9. Complaints under the warranty for material defects may be submitted by post, electronically to the e-mail address or in person at a physical shop.

10. The Seller undertakes to examine the complaint within 14 days from the date of its submission.

11. The Seller shall examine the complaint in accordance with applicable law.

§ 10 WARRANTY

1. The guarantor is Lemax-PA Sp.z.o.o Fichtengasse 4 3441 Baumgarten Austria UID: ATU 81954547

2. The seller is obliged to remedy all product defects found within the warranty period that are due to reasons attributable to the seller, the production or construction process or reasons related to the material used for production, as well as other cases specified in these provisions.

3. The seller grants a warranty of 24 months.

4. The warranty period begins on the date of purchase of the product by the buyer.

5. The Seller shall not be liable for any damage caused to the product received by the Buyer using its own means of transport.

6. Goods received without reservation are deemed to be free of visible defects.

7. The warranty is valid in the territory of Austria.

8. The warranty granted to the Buyer does not exclude, limit or invalidate the Buyer's rights under the Civil Code, the Consumer Protection Act and other generally applicable legal provisions applicable to the purchase contract.

9. Irrespective of the rights under the warranty, the Buyer may assert rights under the warranty for material defects of the item.

10. The seller is released from the warranty obligation if the buyer was aware of the defect in the product at the time of purchase.

§ 11 IMPLEMENTATION OF THE WARRANTY

1. The prerequisite for exercising warranty rights is that the buyer provides proof of purchase (invoice/receipt) for the product.

2. If defects are found in the purchased products, the buyer is obliged to refrain from installing them, to inform the seller immediately, to secure the goods against destruction and to submit a written complaint.

3. If the Buyer has installed products with previously identified defects, the Seller shall not bear the costs of dismantling and reinstalling defect-free products.

4. In the event that a product defect is discovered, the Buyer is obliged to submit a written complaint to the Seller immediately, but no later than within 7 days from the date of discovery.

5. Submitting a written complaint means submitting it in electronic form, by e-mail or in writing to the Seller's address specified in § 1 para. 1 of the Regulation.

6. The Buyer is obliged to provide access to the complained product at the place of installation or storage in order to enable its inspection, expert assessment, confirmation of the existence of the defect and determination of the method of its removal.

7. The seller may request the buyer to photograph the product and send photos of the claimed goods to the seller's e-mail address specified in § 1 para. 1 of the Regulation.

8. The seller or his representative must inform the person concerned about the processing of the complaint at the latest within the period specified in § 9 para. 1 of the Regulation in order to determine the causes of the defects or damage.

9. If a complaint is deemed justified, the conditions for its elimination shall be determined in writing by mutual agreement.

10. The nature and scope of the rectification of defects in the event of a recognised complaint may consist in particular of

a. Repair of the product,

b. Delivery of a defect-free item,

c. Delivery of defect-free parts instead of defective product parts,

d. Reimbursement of the price paid for the defective product,

z. another method of remedying defects in a manner agreed with the buyer.

11. If the replacement or repair of the product is impossible or causes significant costs and the product defect is insignificant, the seller may reduce the price of the product accordingly.

12. If replacement of the Product is not possible due to the discontinuation of its production, the Seller is entitled to deliver a replacement Product of the same type with similar technical parameters.

§ 12 RIGHTS AND OBLIGATIONS OF THE GUARANTOR

1. The seller is obliged to respond to the complaint within 30 days from the date of its submission in accordance with these provisions.

2. The response to the complaint shall be sent to the e-mail address assigned to the Buyer from which the complaint was submitted or by registered letter with acknowledgement of receipt to the address indicated by the Buyer.

3. If the complaint is accepted, the defects will be remedied in time to determine the causes and order and deliver the necessary elements to repair the product complained about, but no later than

a. 30 days from the date of acceptance of the complaint, if the elimination of the defects does not involve the replacement of the product,

b. 60 days from the date of acceptance of the complaint, if the seller decides to replace the product with a defect-free product.

4. If factors beyond the Seller's control prevent the fulfilment of the warranty obligations within the period specified in this section, the deadline for the removal of defects may be extended. In this case, the deadline shall be agreed individually.

5. In any case, the Seller may release itself from the obligations under the warranty by paying the Buyer an amount equal to the price paid by the Buyer for the defective product. In such a case, the defective product will be returned to the seller.

6. If the seller accepts the complaint and exchanges the products, the defective products become the seller's property after the exchange.

§ 13 DEFECTS EXCLUDED FROM THE GUARANTEE

1. Excluded from the warranty are defects and damage to the product resulting from

a. improperly performed transport of the product,

b. improper storage or storage of the product,

c. improper assembly of the object of purchase that does not comply with the principles of the art of construction,

d. Use of unsuitable machines or equipment for the assembly of the

Products, e. use of unsuitable materials to assemble the products,

f. improper use of the products that does not correspond to their intended use and properties,

g. Natural disasters and other unforeseeable accidents, damage caused by civil unrest, terrorist and warlike activities,

h. Wear and tear of components/products as a result of normal use,

d. other circumstances for which the seller is not responsible.

§ VII. WARRANTY

The warranty period for the Seller's products is 3 years from the date of their delivery to the Buyer, with the exception of ceramic elements of chimney systems, whose warranty period is 30 years. The warranty covers all products purchased in the Seller's branches and from its recipients, in particular from wholesalers, markets, DIY stores and others, with the warranty period for products ordered from the Seller's recipients running from the date of their delivery to the respective recipient.

In order to assert warranty rights, the original proof of purchase (invoice/receipt) and proof of issue of the goods as well as the original, duly completed warranty card, i.e. with all the data listed on the first page of the warranty document and all labels or instructions attached to the products with the production and packaging date for the entire batch of products subject to complaint, must be presented. If the product was installed by an external company, a copy of the invoice or proof of installation is also a mandatory part of the claim. The complaint must contain the details of the complainant with address and telephone number, the subject of the complaint and a description of the defects. The date of the complaint is the date of submission of the complaint together with the required documents (warranty, proof of purchase of the product) to the seller's registered office. A complaint without submitting the attachments required by the manufacturer under this warranty or an incomplete warranty card is invalid and cannot have the expected legal effect. If the warranty card is not filled out correctly, it is invalid.

The condition for the Seller's obligation under the warranty granted is the installation and use of the products in accordance with their intended use, the recommendations and the conditions specified in the warranty, as well as their regular maintenance and care in accordance with the conditions specified by the Seller.

The buyer acquires warranty rights subject to full and timely payment for the products.

The warranty does not apply to products sold as non-original.

The seller is exempt from liability under the warranty if the buyer was aware of the defect in the products at the time of purchase or delivery.

If defects are found in the Products, the Buyer is obliged to refrain from installing them, inform the Seller immediately, secure the Products against destruction and submit a written complaint. If the Buyer has installed products with previously identified defects, the Seller shall not bear the costs associated with the dismantling and reinstallation of the products. The Buyer is obliged to provide access to the claimed product at the place of installation or storage to enable inspection, assessment, confirmation of the existence of the defect and determination of the method of its elimination.

In the event of a defect in the products, the Buyer should submit a written complaint immediately, but no later than within 7 days (and in the event that the Buyer is a consumer, within 14 days of the occurrence of the defect) at the place of sale or directly at the Seller's headquarters.

If a complaint is accepted, the conditions for its elimination shall be mutually agreed in writing.

The seller recognises under the warranty: a) manufacturing defects, b) defects resulting from the use of poor quality raw materials.

If the complaint is recognised during the warranty period, the Seller shall decide on the type, method, deadline and scope of measures to remedy the defects and may: a) b) c) d) replace defective elements with new, defect-free ones. If the replacement or repair of the Products is impossible or causes significant costs and the defect of the Products is insignificant, the Seller may reduce the price of the Product, refund the price paid for the defective Product or use another method of remedying the defects in a manner agreed in writing with the Buyer, otherwise it shall be null and void.

If the Seller accepts the complaint and replaces the products, the defective products shall become its property after replacement. The same applies to the acceptance of a complaint by refunding the price paid for the defective product.

The Seller's financial liability under this warranty is limited solely to the material costs incurred to repair damage to the products or to remedy defects, but not more than the initial value per individual defective product stated in the purchase invoice/invoice of the respective product.

The deadline for responding to the buyer's enquiries and complaints is 30 days from the date of receipt. If it is necessary for the Seller to inspect the defective products, an authorised representative of the Seller shall do so on a date agreed with the Buyer and the activity shall be documented in a complaint report. The above deadline may be extended if an expert assessment of the claimed products is required, if the above inspection cannot be carried out due to weather conditions or if the Guarantor is unable to meet the deadline for technical and organisational reasons due to the scope of the claim.

In the event that the complaint is recognised, any defects shall be remedied in a timely manner in order to determine the causes and order and deliver the necessary components to repair the claimed product, but no later than 30 days from the date of recognition of the complaint.

If factors beyond the Seller's control prevent the fulfilment of the warranty obligations within the period specified in this section, the period for remedying the defects may be extended. In this case, the deadline shall be agreed individually.

The Seller shall not be liable for any labour costs (disassembly, assembly) or other costs arising from the transport/assembly/operation of the defective product, or for any direct or indirect damage or loss caused by damage to the goods or defects in the claimed product, in particular loss of sales or profits, possible benefits or damage to media.

Excluded from the warranty are defects and damage to the products due to the following causes: a) b) c) d) e) f) g) h) i) j) improper planning or execution of the substructure, improper selection of the specification and technical class of the products, improper installation of the purchased products that is contrary to the principles of architecture, in particular the grouting of edges and kerbs with cement mortar or other inflexible mortar, the use of a vibrating device without a rubber cover to compact the installed products, the use of unsuitable materials/equipment/machinery to install the products or the use of an unsuitable installation technique. improper selection of the products for the type and size of the loads, improper use that is incompatible with the purpose and characteristics of the purchased products, improper storage, keeping or transport of the purchased products, defects resulting from improper care of the product, installation of the products in a hostile environment, e.g. permanent contact with water, industrial pollution, contact with harmful vapours and gases and other chemical substances or contact with biological pollution, wear and tear of the products or their components as a result of their normal use, cases of damage to the products due to exceptional weather conditions or events of a natural disaster nature - earthquake, flood, hurricane, tornado, etc. k) damage caused by force majeure, riot, terrorist and warlike activities, l) other circumstances for which the seller is not responsible.

The following are not covered by the warranty and are not treated as defects authorised by the relevant standards and reference documents: a) deviations in the dimensions and appearance of the products, b) c) d) e) f) g) h) defects in the surface layer of the products resulting from their use, natural changes in the colour of the products due to their use, lime efflorescence in the form of deposits on the surface of the products, any hairline micro-cracks in the surface, resulting from shrinkage associated with the maturing of the products, losses resulting from the development of immature products, variations in texture and colour caused by the manufacturing process of the products, and the natural variability of the grain size and colour of aggregates and other raw materials used to manufacture the products over different periods of time. in the case of concrete fences, additional: differences in the colour of the panels and posts, production-related burrs on the edges of the material, pores on the surface of the material, waxed micro-cracks, deposits, efflorescence and stains caused by the production process and the evaporation process.

The sale of the Seller's products is subject to the conditions set out in these General Terms and Conditions or in the agreement signed by the parties.

The warranty granted to the Buyer does not exclude, limit or suspend the Buyer's rights under the Civil Code, the Consumer Protection Act and other generally applicable legislation relevant to the purchase contract, and in particular the Buyer may exercise rights under the warranty for physical defects of the item.

The provisions of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2016, item 615, as amended) and the Civil Code shall apply to a contract concluded with a consumer within the meaning of Article 221 of the Civil Code. VIII CANCELLATION OF THE CONTRACT 1. in the event of a delay in the execution of the order for more than 30 days (unless the parties agree otherwise) and for reasons attributable to the seller, the buyer may withdraw from the contract, provided that the buyer has requested the manufacturer to execute the order at least once in writing. 2. The Seller is entitled to withdraw from the contract if the Buyer is more than 14 days late with payment or acceptance of the products.