Returns and Complaints

This English version is a translation provided for information only. The Polish version is legally binding: Polish version.

B2B Customer and B2C Customer

• B2C Customer — a consumer, as well as a natural person conducting business activity (including a partner in a civil-law partnership) for whom the purchase is not of a professional nature.
• B2B Customer — commercial companies and partnerships, legal persons and other organisational units (including institutions), entities financing the purchase (e.g. lessors) and natural persons conducting business activity (including partners in a civil-law partnership) for whom the purchase is of a professional nature.

If it does not follow from the scope of business activity disclosed in the Central Registration and Information on Business (CEIDG) whether the purchase is of a professional nature for you, you may specify this in a voluntary declaration at the latest at the time the contract is concluded — preferably before placing the order, by e-mail to info@primegastro.pl or via the contact form in the Shop. Full definitions and the rules for determining status: §1(2) and (4) of the Terms and Conditions.

Key differences

How to submit a request

1. We accept requests (withdrawal from the contract, complaint, guarantee, transport damage):
   • via the contact form in the Shop (we reply to the e-mail address you provide),
   • by e-mail to info@primegastro.pl,
   • from B2C Customers (withdrawal from the contract, complaint) — also in writing to the address: Prime Gastro sp. z o.o., ul. Longinusa Podbipięty 66, 31-589 Kraków.
2. In your request, please give the order or invoice number, a description of the matter and photos (or a video). For a device defect, add the model and serial number (a photo of the rating plate), the circumstances in which the defect occurred and the error code, if the device displays one, for a Device Requiring Qualified Installation — the Commissioning Report, for a device connected to the water supply or drainage system — proof of connection, and for refrigeration devices, gas devices and combi steamers — the reports of the inspections required up to the date of the claim (Prime Gastro Full Guarantee). We count the time limit for performing guarantee obligations from receipt of a complete claim; for what is sufficient for a B2C Customer, see “Claim and procedure” in the section Prime Gastro Full Guarantee. For a B2C Customer, the absence of these materials does not remove the rights relating to a lack of conformity of the Product with the contract, and withdrawal from the contract does not require giving a reason.
3. Information by phone: +48 12 444 57 57.

Return within 14 days — withdrawal from the contract (B2C)

1. Time limit: 14 days from the day on which you, or a person indicated by you other than the carrier, took possession of the Product. If the order covers multiple items delivered separately, in batches or in parts, the time limit runs from taking possession of the last item, batch or part. You may also withdraw from the contract before the Product is delivered. You do not have to give a reason.
2. How to withdraw: send a statement of withdrawal from the contract by e-mail, via the contact form in the Shop or in writing. You may use the model withdrawal form (Annex 2 to the Terms and Conditions) — this is not mandatory. To meet the time limit, it is sufficient to send the statement before the time limit expires.
3. Sending the Product back: without undue delay and at the latest within 14 days from the day of withdrawal, to the address: Prime Gastro sp. z o.o., ul. Longinusa Podbipięty 66, 31-589 Kraków. You bear the direct costs of the return. Products delivered on a pallet cannot be sent back by ordinary post — the estimated direct cost of returning them by pallet shipment from within Poland ranges from PLN 300 to PLN 1,000 gross, depending on the dimensions and weight of the Product.
4. Refund of payments: we refund all payments received, including the cost of delivering the Product (up to the cost of the cheapest standard delivery method offered by the Shop), without undue delay and no later than 14 days from receipt of the statement — using the same payment method, unless you expressly agree to another method that does not involve any costs for you. We may withhold the refund until we have received the Product back or until proof that it has been sent back has been supplied, whichever occurs first.
5. Condition of the Product: you are liable for a reduction in the value of the Product resulting from using it in a way that goes beyond what is necessary to establish its nature, characteristics and functioning; we document the condition of the returned Product and — after informing you of its amount and basis — may set off the amount corresponding to the reduction in value against the refund amount. Tip: examine the Product as you would in a physical shop. You may briefly switch on a plug-in device to check that it works; do not connect it permanently to an electrical, gas or water installation, do not build it in and do not use it to prepare food — such use goes beyond checking the Product (you are then liable for the reduction in its value), although it does not remove the right to withdraw from the contract (§12(5) of the Terms and Conditions).
6. Exceptions: the right of withdrawal is not available in the cases specified in Article 38 of the Consumer Rights Act, in particular in respect of: Custom-made Products (made to your specification); goods supplied in sealed packaging which, once the packaging has been opened, cannot be returned for reasons of health protection or hygiene, if the packaging was opened after delivery; goods which, after delivery, by their nature become inseparably combined with other items; installation and commissioning services fully performed under §6(2) of the Terms and Conditions.
7. The marking of a Special-order Product on a Product page does not limit a B2C Customer's right of withdrawal; the rules in the section Returns (B2B) apply only to B2B Customers.

Return step by step

1. Send a statement of withdrawal (the order number will speed up handling).
2. We will confirm receipt of it by e-mail.
3. Pack the Product so that it is not damaged in transport — palletised devices preferably on a pallet, as they were delivered.
4. Send the Product back to the address in Kraków within 14 days of withdrawal.
5. We will refund the payment without undue delay and no later than 14 days after receiving the statement (with the possibility of withholding the refund until we receive the Product or proof that it has been sent back).

Cancellation of the order

1. Unpaid order: the contract is concluded only when full payment is credited (for online payment — when it is confirmed by the operator, and where a deferred payment term has been agreed — when the Shop confirms that arrangement on a Durable Medium; automatic e-mail messages do not constitute such confirmation, and choosing bank transfer on the basis of a pro forma invoice means payment in advance). An order that is not paid within the time limit stated in the pro forma invoice or for the selected payment method or, where no such time limit is stated, within 7 days of being placed is cancelled (§3(4) of the Terms and Conditions).
2. (B2C) Paid order: you may withdraw from the contract on the terms described in the section Return within 14 days — also before dispatch; if the Product has not yet been dispatched, you do not bear the costs of sending it back.
3. (B2B) Paid order or order with an agreed deferred payment term: after the contract has been concluded, a B2B Customer may not cancel or change the order. The Shop may — without being obliged to do so — agree in documentary form (e.g. by e-mail) to the cancellation of the order in whole or in part; consent may depend on acceptance of the cancellation by the Supplier (the entity from which we buy Products or parts). The Shop then retains, as a cancellation fee, the higher of: 30% of the gross price of the cancelled part of the order or the total fees and costs charged to the Shop by the Supplier in connection with the cancellation, and refunds the remainder within 14 days of the settlement of the cancellation with the Supplier, at the latest within 60 days of giving consent (where consent was conditional on the Supplier's acceptance — of that acceptance being confirmed); if the price has not been paid, the B2B Customer pays that amount within 14 days of a demand for payment. If the Product has already been handed over to the carrier (by the Shop or the Supplier), cancellation is possible only as a return on the terms of the section Returns (B2B). Consent does not cover Special-order Products, Custom-made Products, OUTLET Products, Spare Parts or Products whose purchaser is a financing entity, e.g. a lessor (§13 of the Terms and Conditions).
4. (B2B) Refusal to take delivery of the Product does not release the B2B Customer from the obligation to pay the price; the Shop may charge the costs of re-dispatch and storage (§5(6)(1) of the Terms and Conditions, Delivery Terms).

Returns (B2B)

1. A B2B Customer does not have the right of withdrawal from a distance contract or the right to return the Product.
2. The Shop may — without being obliged to do so — give prior consent on a Durable Medium (e.g. by e-mail) to the return of the Product. You may request consent at the latest within 7 days of the delivery or personal collection of the Product (for partial deliveries — of the delivery of the Product concerned). Consent may depend on acceptance of the return by the Supplier, given before the Product is sent back and confirmed after the Product has been checked by the Supplier. In the consent, we will indicate the return address (this may be the Supplier's warehouse outside Poland), the method of packing, the time limit for sending the Product back and the expected deductions; sending the Product back means acceptance of those conditions. Neither consent to the return, nor acceptance of the Product, nor a refund of the price means acknowledgement that the Product is defective.
3. A B2B Customer sends the Product back within the time limit indicated in the consent, not longer than 14 days from receiving it, at its own expense and risk — until the Product is delivered to the indicated address. The Product must be complete (together with accessories and documents), in its original, undamaged packaging, secured for transport in the manner indicated by the Shop (in particular on a pallet) and — unless the Shop decides otherwise — unused, clean and never connected to a power supply (including by a plug) or to a gas or water installation.
4. We deduct from the refund amount: the cost of delivering the Product to the B2B Customer according to the carrier's rates (also where the delivery was free of charge); a handling fee equal to the higher of: 30% of the gross price of the returned Products or the fees charged to the Shop by the Supplier in connection with the return; the value of wear according to the Depreciation Table (Annex 1 to the Terms and Conditions), if the Product has been used; the documented costs of restoring the Product to its original condition (or the costs charged on that account by the Supplier) and other documented costs of the return. If the deductions exceed the refund amount, the B2B Customer pays the difference within 14 days of a demand for payment.
5. We refund the price less deductions after the Product has been delivered to the indicated address, its condition has been checked and the return has been accepted (also by the Supplier, if the consent was conditional on that) — within 14 days of the settlement of the return with the Supplier, at the latest within 60 days of delivery of the Product. We may deduct other amounts due and payable by the B2B Customer from the refund amount.
6. If the Product does not meet the conditions for return or the Supplier does not accept the return after checking the Product, we send the Product back to the B2B Customer at the Customer's expense and risk; if the B2B Customer does not collect it within 30 days of the notification, §5(6)(1) of the Terms and Conditions applies.
7. The following are not subject to return, and the Shop does not consent to their return: Special-order Products, Custom-made Products, OUTLET Products, Spare Parts and Products whose purchaser is a financing entity (e.g. a lessor).
8. Return shipments sent back without prior consent, to a different address or not in accordance with the conditions of return may not be accepted; the costs of sending them back and storing them are borne by the B2B Customer (§11 of the Terms and Conditions).

Complaints — lack of conformity of the Product with the contract (B2C)

1. We are liable for a lack of conformity of the Product with the contract that exists at the time of delivery and becomes apparent within 2 years of delivery; a lack of conformity that becomes apparent within that period is presumed to have existed at the time of delivery (Chapter 5a of the Consumer Rights Act).
2. You may require repair or replacement of the Product. We may carry out a replacement instead of the requested repair, or a repair instead of the requested replacement, if the method you have chosen is impossible or would involve excessive costs; if both repair and replacement are impossible or would involve excessive costs, we may refuse to bring the Product into conformity with the contract.
3. You may submit a statement of price reduction or of withdrawal from the contract where: we have refused to repair or replace the Product or have not done so in accordance with the Act; the lack of conformity persists despite an attempt to bring the Product into conformity; the lack of conformity is so significant that it justifies an immediate price reduction or withdrawal from the contract; or it clearly follows from our statement or the circumstances that we will not bring the Product into conformity within a reasonable time or without excessive inconvenience. Withdrawal is not available where the lack of conformity is immaterial; a lack of conformity is presumed to be material.
4. The costs of repair or replacement, including the costs of transport, labour and materials, are borne by the Shop. You make the Product available to us, and we collect it at our expense; if the Product was installed before the lack of conformity became apparent, we remove it and reinstall it after repair or replacement (or have this done at our expense). Repair or replacement is carried out within a reasonable time and without excessive inconvenience.
5. Refund of money: we refund the amount resulting from a price reduction without undue delay and at the latest within 14 days of receiving the statement on price reduction. After withdrawal from the contract due to a lack of conformity, you return the Product at our expense (we arrange collection), and we refund the price without undue delay and at the latest within 14 days of receiving the Product or proof of its dispatch — using the same payment method, unless you expressly agree to a different method that involves no costs for you.
6. Response time limit: we respond to a consumer's complaint on paper or another Durable Medium within 14 days — failure to respond within that time limit means that the complaint is accepted. We respond to complaints from other B2C Customers within 30 days.
7. Normal wear and tear resulting from proper use does not constitute a lack of conformity with the contract; this does not apply to wear that is premature or excessive in relation to the durability that can reasonably be expected.
8. The Prime Gastro Guarantee does not affect the above rights (§9 Part A of the Terms and Conditions).
9. We deal with a notification of a defect of the Product, submitted within 2 years of delivery, as a complaint about a lack of conformity of the Product with the contract, unless you indicate that you are exercising your rights under the guarantee; you may exercise the rights relating to a lack of conformity independently of the rights under the guarantee (§9 Part A(8) of the Terms and Conditions).

Complaints (B2B)

1. In B2B relations, the Shop's liability under the statutory warranty for physical and legal defects of the Product is excluded in its entirety (Article 558 §1 of the Civil Code (KC)), as is liability for defects of the Product under the general rules, including for damage caused by a defect — subject to the cases referred to in §8(2) of the Terms and Conditions. A B2B Customer's rights in respect of defects of the Product arise solely from the Prime Gastro Full Guarantee and, in the case of Spare Parts purchased as separate Products, from the right described in the section Prime Gastro Full Guarantee (“Period”), to the extent and on the terms set out in §10 of the Terms and Conditions.
2. Time limits for notifications (in each case with photos, via the contact form in the Shop or by e-mail): visible damage and loss — a reservation in the transport document (e.g. in the CMR consignment note) or in a damage report drawn up with the carrier on receipt and notification within 24 hours of delivery; damage not visible on receipt, shortages, incompleteness, non-conformity with the order and apparent defects (defects visible on careful inspection of the unpacked Product, without installing or starting it up) — within 2 Business Days of delivery or personal collection (during that time, unpack and check the Product). Until the notification has been dealt with, and for no less than 14 days from the notification, keep the Product, the packaging and the pallet unchanged, do not install or use the Product, and allow us, the carrier, the insurer or the Supplier to inspect it. Failure to meet the time limits results in the loss of claims against the Shop for transport loss and damage, and failure to report shortages or non-conformity within the time limit means confirmation that the delivery was complete and in accordance with the order, until you prove otherwise, and claims for damages on those grounds expire — in both cases except for damage caused intentionally. Apparent defects not reported within 2 Business Days are not covered by the guarantee (§5(5) of the Terms and Conditions).
3. We respond to a complete claim within 30 days and perform guarantee obligations within the time limit set out in §10(6) of the Terms and Conditions; formal deficiencies suspend the running of those time limits.
4. Secure the Product that is the subject of the complaint until the procedure has been completed and do not use it — continued use may result in a refusal to uphold the claim.
5. In the case of an unjustified claim (e.g. the defect does not exist, is not covered by the guarantee or results from improper operation, lack of maintenance or lack of descaling), the B2B Customer covers the costs of diagnosis, of the technician's travel and labour, of transport in both directions and of the parts supplied to them, according to the rates communicated on a Durable Medium (§9 Part B of the Terms and Conditions).

Prime Gastro Full Guarantee

The complete guarantee statement is set out in §10 of the Terms and Conditions. The key rules are set out below. (B2B) For B2B Customers, the scope of the guarantee is determined solely by §10 of the Terms and Conditions.

Scope

1. Guarantor: Prime Gastro sp. z o.o., ul. Longinusa Podbipięty 66, 31-589 Kraków. The guarantee covers Products installed and operated in Poland.
2. Period: brand-new Products purchased in the Shop — 24-month full guarantee; OUTLET Products (B2B) — 6-month full guarantee. For B2C Customers, we count the period from delivery of the Product, and for B2B Customers — from the handover of the Product to the carrier; in the case of personal collection — from the handover of the Product. Neither Spare Parts purchased as separate Products nor services, in particular installation and commissioning, are covered by the guarantee. (B2B) If a Spare Part purchased as a separate Product was defective at the time it was handed over and was reported, with photographs, within 2 Business Days of delivery or personal collection, we — at our discretion — replace it with one free from defects or refund its price. (B2B) Until the notification has been dealt with, keep the part unchanged, do not install or use it and, at our request, hand it over to the carrier designated by us (at our expense); any other rights in respect of defects of a Spare Part, including reimbursement of the costs of removal and installation, are excluded (§10(2) of the Terms and Conditions).
3. What it covers: physical defects arising from causes inherent in the Product at the time it was handed over (material or workmanship defects) which become apparent during the guarantee period. We remedy a defect covered by the guarantee without charging the Customer the costs of parts or of the technician's labour and travel in Poland. We choose the method of remedying the defect (repair or replacement of a part or component). We remedy the defect at the place where the Product is installed, on Business Days, and, if we consider that the nature of the defect or of the Product so requires — at a service centre designated by us in Poland. Work carried out at your request outside Business Days or on an urgent basis is charged according to rates accepted before it is carried out. (B2B) We may supply B2B Customers with new or reconditioned parts with parameters no worse than those of the part being replaced.
4. Replacement of the Product or refund of the price: where remedying the defect is impossible or would cost more than 50% of the price of the Product, we will, at our discretion, replace the Product with a defect-free one or refund the price (where a VAT invoice was issued — on the basis of a corrective invoice), against return of the Product. (B2C) Replacement with a Product of a different model requires the B2C Customer's consent. (B2B) For B2B Customers, we may replace the Product with a different model with at least the same technical parameters and intended use, and we reduce the refund of the price by wear and tear according to the Depreciation Table.
5. Time limit: we perform our guarantee obligations within 90 days of receiving a complete claim; delays for reasons attributable to the Customer (e.g. lack of access to the device) are not counted towards that time limit. We respond to a consumer's claim on a Durable Medium within 14 days and indicate the expected date of the technician's visit or of remedying the defect. (B2B) For B2B Customers, the time limit is extended by the period of delay in the delivery of parts by the Supplier, by no more than 90 days; we are not liable to B2B Customers for damage resulting from the delay, except for damage caused intentionally.

Claim and procedure

1. Report a defect during the guarantee period, without undue delay after discovering it, via the contact form in the Shop or by e-mail, and provide: the order or invoice number, the model and serial number (a photo of the rating plate), a description of the defect and of the circumstances in which it occurred, photos or a video and the error code, if the device displays one; for a Device Requiring Qualified Installation — the Commissioning Report, for a device connected to the water supply or drainage system — proof of connection, and for devices requiring inspections — the reports of the inspections required up to the date of the claim. (B2C) The absence of photos, a video or an error code does not deprive a B2C Customer of the guarantee if the defect can be established in another way; a B2C Customer's claim is complete if it contains proof of purchase, the model of the device and a description of the defect and, for a Device Requiring Qualified Installation, also the Commissioning Report. (B2C) A B2C Customer encloses proof of connection and inspection reports if they have them; their absence does not suspend the running of the time limit for performing guarantee obligations and excludes the guarantee only in respect of defects which arose, respectively, as a result of improper connection or of the absence of an inspection. (B2B) A B2B Customer reports a defect no later than 3 Business Days after discovering it and an apparent defect — within 2 Business Days of delivery or personal collection; defects reported after these time limits are not covered by the guarantee.
2. From the moment a defect is discovered, do not use the device — the guarantee does not cover damage resulting from continued use or from an unjustified delay in reporting.
3. We start with a remote diagnosis (photos, video, error code, conversation, checks that do not require qualifications, carried out following our instructions) and on that basis decide on the method of remedying the defect; a technician comes if the remote diagnosis is not sufficient. Only Prime Gastro appoints and engages the technician. The costs of a technician called out independently, without our prior consent given on a Durable Medium (e.g. by e-mail), are not reimbursed. If, at your request, we agree that the defect will be remedied by your technician, we will supply the necessary parts, but we do not cover the costs of that technician's work and travel.
4. On the agreed date, provide the technician with safe access to the device: the device must be cooled down, emptied of products and cleaned and, if this does not require qualifications, disconnected from the power supply and utilities, and accessible without dismantling built-in units, furniture or parts of the building and without specialist equipment. You carry out the preparatory work at your own expense.
5. (B2B) If the visit turns out to be unjustified — the defect does not exist, is not covered by the guarantee, or the visit could not take place or be completed for reasons attributable to the B2B Customer (e.g. lack of access, power supply or utilities, device not prepared) — the B2B Customer covers the technician's travel and labour costs and the costs of diagnosis at the rates communicated to them on a Durable Medium before the date of the visit was confirmed. If the claim contained untrue information material to its assessment, we may refuse to provide the guarantee service in respect of that defect, and the B2B Customer also covers the other documented costs of the claim.
6. (B2C) A B2C Customer pays for the technician's visit at the rates communicated to them only if, before the date of the visit was confirmed, they declared on a Durable Medium that they request the visit, accept those rates in the event of an unjustified visit and acknowledge that they will lose the right to withdraw from the contract for the visit once it has been carried out, and the visit: could not take place for reasons attributable to them; showed that the claim was caused by operation contrary to the operating instructions (e.g. a switched-off power supply or circuit breaker, a closed water or gas supply, a blocked or uncleaned filter) which was not a consequence of a lack of conformity of the Product with the contract; or showed a cause excluded from the guarantee which is not a lack of conformity of the Product with the contract. In other cases, the visit is free of charge for the B2C Customer.
7. The technician draws up a service report (scope of work, parts replaced, photos); you will receive a copy on request. Replaced parts become the property of Prime Gastro.
8. A device handed over to a service centre should be clean and disinfected — otherwise we may suspend the repair until it has been cleaned or charge you the cost of cleaning; before handing it over, we recommend making a copy of the data and programs stored in the device. We arrange the transport of the device to the service centre and back at our expense. (B2B) If a B2B Customer's claim proves unjustified, the B2B Customer reimburses us for the cost of transport in both directions according to the rates communicated before the device is collected (§9 Part B(5) of the Terms and Conditions).

Devices Requiring Qualified Installation and the Commissioning Report

Other requirements and exclusions

1. Each Product must be installed, connected and commissioned in accordance with the operating and installation instructions, operated in accordance with its intended use and within the parameters set out in the instructions, and cleaned and maintained in accordance with the instructions (including cleaning the condenser and filters, descaling and replacing filters), using only agents approved in the instructions. Defects arising from installation, connection, commissioning or servicing by persons without the required qualifications or contrary to the instructions, and defects arising from repair or modification carried out by persons not authorised by us, are not covered by the guarantee. (B2B) Repair or modification of the Product carried out during the guarantee period without our prior consent by a person not authorised by us results in the loss of the guarantee for that Product.
2. (B2B) A B2B Customer documents maintenance, descaling and filter replacement (maintenance log, invoices for agents or services, reports) and presents those documents at our request; the absence of such documents means no guarantee for the components to which the required maintenance relates.
3. Devices connected to the water supply (in particular combi steamers, dishwashers, ice cube makers, coffee machines, water boilers) require a water supply with the parameters specified in the operating instructions (if none are specified: hardness of 3–6°dH) and the use and timely replacement of filters and water softeners. (B2B) At our request, a B2B Customer presents the result of a water hardness measurement or proof that water treatment is used. The connection of a device to the water supply or drainage system (water connection or drain) must be made by an installer — a business that professionally carries out plumbing and drainage installations or the installation of catering equipment. This is confirmed by proof of connection: a record of the connection of that device, an invoice for its connection or a Commissioning Report covering that connection, issued by the installer — keep it. (B2B) A company's device may also be connected by its employee who professionally carries out such work — in that case, the proof of connection is a record signed by that employee and by a person representing the company, stating the employee's first name and surname, that the employee professionally carries out such work, the date of the connection, and the model and serial number of the device. (B2B) The proof of connection states the date of the connection; a connection made after the defect was discovered does not satisfy this requirement in respect of that defect. (B2B) If the device has been connected to the water supply or drainage system, the absence of proof of connection means that the B2B Customer has no guarantee for that device. (B2C) In relation to a B2C Customer, the absence of proof of connection excludes the guarantee only in respect of defects which arose as a result of the device being improperly connected to the water supply or drainage system.
4. Refrigeration devices, gas devices and combi steamers require periodic maintenance inspections — at the Customer's expense, by a service provider holding the required qualifications, at least every 12 months (in continuous operation or in conditions of increased dust or grease — every 6 months), documented by a service report. No documented inspection means no guarantee for the components affected by the neglect. (B2C) For a B2C Customer, the absence of an inspection excludes the guarantee only in respect of defects which arose as a result of the absence of the inspection.
5. The guarantee does not cover, in particular: consumable parts and materials and parts subject to natural wear (including glass, gaskets, rubber and silicone elements, bulbs and other lighting elements, filters, knives, blades, cutting discs and cutting screens, drive belts, thermocouples, fuses, ceramics, fireclay, baking stones and baking plates, connection hoses, castors, grates, trays and containers, and coatings exposed to abrasion); activities which, according to the instructions, are performed by the user or which form part of maintenance (e.g. cleaning, descaling, adjustment, programming, software updates); defects and damage resulting from failure to meet the above requirements, installation or operating conditions not in accordance with the instructions, improper connection to the water supply or drainage system (including by an installer), lack of maintenance, unsuitable chemical agents, limescale deposits, corrosion, power surges and power failures, flooding, fire and other external events, mechanical damage and overloads, transport or moving of the Product, acts of third parties, repairs by unauthorised persons, the use of non-original parts, and normal wear and tear; immaterial defects that do not affect the operation of the Product (e.g. scratches, dents, discolouration); defects, damage and features of OUTLET Products described on the Product page; Products with a removed or illegible serial number or rating plate; damage caused by a defect (e.g. lost profits, downtime costs, spoiled foodstuffs, costs of replacement equipment). (B2C) For a B2C Customer, the exclusion of parts does not cover material or workmanship defects of hotplates, glass panes of refrigerated display cabinets and glass panes of doors of refrigeration devices, thermocouples and hotplate coatings, if the defect does not result from external or operational causes or from the damage listed above. (B2B) For a B2B Customer, the exclusion of consumable parts and immaterial defects does not cover apparent defects of a brand-new Product reported within 2 Business Days of delivery or personal collection, if the defect does not result from external or operational causes or from the damage listed above. Full list of requirements and exclusions: §10(7)–(8) of the Terms and Conditions.

Guarantee period after repair

1. (B2C) The guarantee period starts to run anew or is extended in the cases and on the terms set out in Article 581 of the Civil Code. Performance in respect of a lack of conformity of the Product with the contract (§9 Part A of the Terms and Conditions) does not constitute the performance of guarantee obligations.
2. (B2B) The performance of guarantee obligations, including repair and the replacement of parts or of the Product, does not cause the guarantee period to start running anew or to be extended; replaced parts and a replaced Product are covered by the guarantee until the end of the original guarantee period. We may suspend guarantee services to a B2B Customer who is in arrears with payment of amounts due; the guarantee period is not extended by the period of suspension.

Entitled persons and statutory rights

1. The guarantee is available to the Customer who purchased the Product directly in the Shop and, where the purchaser is a financing entity (e.g. under an operating lease), to the lessee indicated in the order, on the terms applicable to B2B Customers. It does not pass to subsequent purchasers of the Product without the Guarantor's written consent.
2. In the event of a lack of conformity of the Product with the contract, a B2C Customer is entitled by law to remedies from the Seller and at the Seller's expense; the guarantee does not affect those remedies, and its requirements and exclusions do not limit them. For B2B Customers, the statutory warranty for defects is excluded, and the sole basis of rights in respect of defects is the guarantee (for Spare Parts — the right under §10(2) of the Terms and Conditions).

Transport damage

1. On receipt, check the number of packages and their external condition before you sign the delivery document.
2. Record visible damage or loss in a damage report drawn up with the carrier and take photos of the packaging, the shipping label and the damage. Keep the packaging until the claim has been dealt with.
3. (B2C) The absence of a damage report, photos or the packaging does not deprive you of your rights relating to a lack of conformity of the Product with the contract or of the right to withdraw from the contract.
4. (B2B) Inspection of the shipment on receipt, a reservation in the transport document or in a damage report and notification within 24 hours of delivery (damage not visible on receipt, shortages, non-conformity with the order and apparent defects — within 2 Business Days) are mandatory; without them, claims against the Shop for transport loss and damage expire, except for damage caused intentionally. The transport risk is borne by the B2B Customer from the handover of the Product to the carrier; we report the damage to the carrier and the Supplier, and we provide assistance (at our discretion: delivery of an undamaged Product or part, repair or a price reduction) only to the extent that the carrier or the Supplier acknowledges the damage (§5(5) of the Terms and Conditions).

Out-of-court dispute resolution (consumers)

A consumer (a natural person buying without a direct connection to their business or professional activity) may use out-of-court methods of handling complaints and pursuing claims, in particular the assistance of the voivodeship inspectorates of the Trade Inspection (including permanent consumer arbitration courts), district and municipal consumer ombudsmen and consumer organisations; details: www.uokik.gov.pl. The Shop has not undertaken to use out-of-court dispute resolution; whenever a dispute arising from a complaint (including a guarantee claim) has not been resolved, it informs the consumer on paper or another Durable Medium whether it consents or refuses to take part in such proceedings.