Appendix No. 3 to the Regulations of the VOLANT Online Store
GENERAL WARRANTY TERMS
§1 GENERAL PROVISIONS
1. The general warranty conditions (GTC) are an integral part of each sales contract concluded between the Seller and the Buyer regarding the Products manufactured by the Guarantor, unless the provisions of a given sales contract provide otherwise.
2. Whenever the following words or phrases are used in the GTC, they should be understood in the meaning indicated
: REGON number: 140 758 518, entered into the National Court Register, with a share capital of PLN 100,000.00
b) Product – devices and goods manufactured and offered for sale by the Guarantor as part of his business activity.
b) Seller – the seller under these GTC is understood as the Guarantor or VOLANT GRABOWSCY SPÓŁKA KOMANDYTOWO-AKCYJNA with its registered office in 08-110 Siedlce, Żelków Kolonia, Stalowa 16, NIP PL 8212467043, REGON number: 140 758 518, entered into the National Court Register with a share capital of PLN 100,000.00
c) Buyer – an entity purchasing Products from the Seller.
d) Consumer – a Buyer who is a natural person, concluding a sales contract with the Seller, the subject of which is not directly related to its
business or professional activity.
e) Entrepreneur – a Buyer who is a natural person, a legal person or an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity on its own behalf, who performs a legal transaction related to this activity with the Seller.
3. Pursuant to these GTC, the Guarantor grants the Buyer a warranty for all Products, to the extent described in detail in §3, provided that they are used as intended, the operating conditions specified in the instructions and recommendations of the Manufacturer are observed, all repairs and services are carried out by the Guarantor, use and replacement of consumables from the Manufacturer and in accordance with its recommendations.
4. The warranty provided is valid in the territory of the European Union.
5. Under the warranty, the Guarantor undertakes to remove Product defects free of charge. The warranty does not cover the replacement of the subject of the contract with a new one.
6. Direct warranty claims against the Guarantor may only be made by Buyers who purchased the Product from the Guarantor. In other cases, the warranty claim should be submitted at the place of purchase of the Product.
7. The Guarantor reserves the right to suspend the warranty procedure if the Buyer is in arrears with the Seller with payments for other Products.
8. If the Product is repaired, the warranty period is extended by the period of Product failure, starting from the date of effective notification of the Guarantor about the detection of the defect, in accordance with the requirements set out in §3 section 7 and 8, until the date of delivery of the repaired Product to the Buyer.
9. The warranty covers the Product purchased from the Seller, subject to the Buyer’s timely payment for the Product. In the event of a delay in the due payment for the Product, the right to use the guarantee is forfeited.
10. The warranty provided does not exclude, limit or suspend the rights of the Buyer who is a Consumer, resulting from the provisions on the warranty for defects in the sold item.
11. In all matters not covered by these GTC, the provisions of generally applicable law shall apply, in particular the provisions of Section III, Title XI, Book Three. Obligations – of the Civil Code.
§2 BASIC WARRANTY AGREEMENT
1. The Guarantor grants the Buyer a guarantee for a period of 12 months, counted from the date of sale of the Product to the Buyer, indicated on the proof of purchase of the Product.
2. The Guarantor grants the Buyer a guarantee for the period specified in section 1, based on a VAT invoice, receipt confirming the sale of the Product or other proof of purchase of the Product. In the absence of proof of purchase and the Buyer’s inability to prove the date of sale, the Guarantor has the right to refuse to accept warranty claims. At the Buyer’s request, the Guarantor will issue a warranty card to the Buyer.
§3 SCOPE OF THE WARRANTY AND THE WARRANTY PROCEDURE
1. The Guarantor provides the Customer with a mechanical warranty for all Products sold by the Seller. In the above scope, the Guarantor ensures efficient operation of the device.
2. The Guarantor is liable to the Buyer only for physical defects resulting from reasons inherent in the sold Product.
3. Any mechanical damage caused during the use of the Product is excluded from the warranty protection.
4. The warranty does not cover the paint coating, wires, consumables subject to wear during the use of the Products, such as e.g. seals, bearings, calipers, bushings, rubber in sandblasters, etc. 5. All rights of the Buyer arising from the warranty are excluded in the case of:
) Using the Product in a manner contrary to its intended use.
b) Failure by the Buyer to comply with the indications described in the Product manual.
c) Making any repairs, services or improvements to the Product by entities other than the Guarantor.
d) Failure to comply with the obligation to carry out periodic maintenance inspections, if required.
e) Improper installation, maintenance, storage or transportation of the Product.
f) Use of consumables not in accordance with the manufacturer’s recommendations.
g) The use of any spare or consumable parts in the Product, which are not original parts or those recommended by the Manufacturer.
h) Malfunction of other installations or devices affecting the operation of the Product.
6. If defects in the Product are found during the warranty period, the Buyer is obliged not later than within 7 days from the discovery of the defect or the day on which the detection of the defect became possible to notify the Guarantor of the defect. Notification of the occurrence of a defect should be made in writing or to the Guarantor’s e-mail address – email@example.com. Notification of the occurrence of a defect can also be made via the appropriate tab on the volant.pl website. The Buyer is not allowed to use the Product after detecting a defect. In the event of further use of the Product after finding a defect, the Guarantor has the right to refuse to recognize the Buyer’s claims under the warranty.
7. The notification of a defect should include: name of the product, catalog number, date of purchase, warranty card number (if issued), a detailed description of the defect with additional information on the occurrence of defects in the Product and photos of the defective Product. Together with the notification, the Buyer should provide proof of purchase of the Product. Failure to provide a complete notification of the occurrence of a defect prevents the initiation of the warranty procedure and does not affect the extension of the warranty period, in accordance with §1 section 8. In the event of any deficiencies in the notification of defects, the Guarantor shall request the Buyer to supplement them within a period not longer than 14 days. Failure to supplement the deficiencies within the deadline results in the refusal to accept warranty claims.
8. The Buyer, when notifying about the occurrence of a defect, should provide the Guarantor with a written notification with a defective Product or a confirmation of its dispatch, not later than within 3 days of making the notification. Responsibility for accidental loss, destruction or further damage to the Product passes to the Guarantor upon delivery of the Product under complaint to the Guarantor.
9. Lack of timely notification of the discovery of a defect or failure to deliver a defective Product results in the loss of warranty claims.
10. If the complaint is accepted, under the warranty granted, the Guarantor undertakes to remove the defects found free of charge, subject to paragraph 11, within 3 weeks from the date of delivery of the defective Product together with a written notification of the defect. The Guarantor also undertakes to deliver the repaired Product to the Buyer at his own expense and to reimburse the buyer for the costs of delivering the Product under complaint, within the limits of the actual costs incurred, adopted in the trading practice for a given type of transport. In the event of difficulties in determining the cost of delivering the Product to the Guarantor, it is assumed that in this case it is equal to the cost of delivering the Product under complaint to the Buyer.
11. If the Guarantor finds that the defect of the Product makes it impossible to repair it within the time limit specified in par. 10, he undertakes to immediately notify the Buyer of this fact, not later than within 7 days from the date of delivery of the defective Product to the Guarantor, at the same time indicating the date in which the defects will be removed, but not longer than 6 weeks.
12. If the Guarantor finds the circumstances described in section 5 or finds that the defect of the Product concerns mechanical damage indicated in section 3, there is a basis for not accepting the Product complaint.
13. If the Guarantor finds that there are grounds for refusing to accept the complaint, he undertakes to inform the Buyer about this fact within 7 days of delivery of the Product together with a written notification of the defect in the manner in which the notification was submitted, as appropriate to paragraph 6.
14. If the complaint is not accepted, the complained Product will be returned to the Customer at his written request, provided that all shipping costs have been covered in advance. In the event that the Buyer, within 14 days from the delivery of information about the rejection of the complaint, does not submit a request to return the Product to him, does not cover the shipping costs or does not collect the Product, then the Buyer will be charged with the costs of storing the Product in the amount of PLN 100 per day for each the commenced day of the Product remaining with the Guarantor.
§4 EXTENDED WARRANTY AGREEMENT
1. The Buyer may extend the warranty, for this purpose within 14 days from the date of purchase of a given Product, indicated on the invoice or bill, the Buyer must :
a) to the Guarantor’s bank account no.:
1. Nr konta dla płatności PLN: 59 9194 0007 0025 5888 3000 0010, BIC (Swift) POLUPLPR
2. Nr konta dla płatności EUR: 08 1140 1094 0000 2472 7000 1002, BIC (Swift) BREXPLPWXXX
fees in the amount of:
– PLN 100, if the Product is used only in Poland,
– EUR 100, if the Product is used on the territory of other European Union countries,
2. Register your Product on the volant.pl website.
3. Failure to perform the activities indicated in section 1 within the time limit specified therein prevents the subsequent extension of the warranty.
4. Under the extended warranty agreement, the Buyer receives:
a) An additional one-year warranty, to the extent indicated in §3 of the GTC.
b) Right to free replacement of all decals once in each year of the extended warranty contract.
c) In the event of a warranty repair, the right to receive another, equally useful Product for the duration of the repair, as the one that failed, which will be
delivered within 72 hours of delivery of the defective Product to the Guarantor.
d) The right to receive a 5% discount on subsequent purchases in the Producer’s online store at volant.pl