Complaint about Goods

 
1.    Complaint about Goods should be:
 
sent to:
 
DCG S.A. 
Bystrzycka 81A 
04-907 Warsaw
 
or
 
1.    sent by e-mail to: e-sklep@denicler.eu,
submitted in person at one of the showrooms operated by DCG (list of salons can be found on the website: Showrooms).
 
2.    We recommend stating in the description of the complaint information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect/confirmation of non-conformity of the Goods with the sales contract.

3.    A complaint can be made, among other things, by filling in a complaint form available on the Shop's website: link.

4.    A complaint about Goods will be dealt with up to 14 days from the date of the complaint. The Customer will be notified by email or telephone of the outcome of the complaint.

5.    If we have not responded to the complaint within 14 days, this means that the complaint is considered justified.

6.    DCG informs about the possibility of using out-of-court ways of dealing with complaints about the Goods, among others, by submitting an application for mediation or an application for consideration of the case before an arbitration court by the Customer at the end of the complaint procedure (application can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223).

7.    The list of Permanent Consumer Arbitration Courts operating at Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Out-of-court settlement of claims after the complaint procedure is free of charge.

8.    In the case of a sales contract concluded with a Customer who is not a Consumer at the same time, on the basis of Article 558 § 1 of the Civil Code, the liability of the Online Shop under warranty for defects in the Goods is excluded. This exclusion shall be ineffective in the event of malicious concealment of a defect by DCG. The above shall not apply to Entrepreneur on the rights of the Consumer.

9.    DCG may request that an Entrepreneur on the rights of the Consumer include a statement in the notes to the Order that the contract relating to the Goods ordered is directly related to his business activity but not of a professional nature for him. Such a statement constitutes information to the Seller that the person making it is exercising his rights as an Entrepreneur with consumer rights.

10.    The basis and extent of DCG's liability to the Consumer, and to the Entrepreneur on the rights of the Consumer if the Goods sold do not comply with the Sales Contract, are set out in the Consumer Rights Act.

11.    In the event of non-conformity of the Goods with the sales contract, the Consumer and the Entrepreneur on the rights of the Consumer shall be entitled to the rights set out in the Consumer Rights Act. The provisions of Book Three of Title XI of Part II of the Civil Code shall not apply to contracts obliging to transfer ownership of the Goods to the Consumer and the Entrepreneur on the rights of the Consumer, including in particular contracts of sale, supply contracts and contracts for specific work being goods.

12.    DCG may not rely on the expiry of the time limit for establishing the non-conformity of the Goods with the sales contract if it has fraudulently concealed the non-conformity.

13.    The goods are in conformity with the sales contract if, in particular, their conformity with the sales contract remains:

14.    (a) description, type, quantity, quality, completeness and functionality and, for goods with digital elements, also compatibility, interoperability and availability of updates;

15.    (b) fitness for the particular purpose for which it is needed by the Consumer or the Entrepreneur on the rights of the Consumer, which the Consumer or the Entrepreneur on the rights of the Consumer has notified to DCG at the latest at the time of the conclusion of the sales contract and which DCG has accepted.

16.    In addition, the Goods, in order to be deemed to be in conformity with the sales contract, must:
    (a) be fit for the purposes for which Goods of that kind are normally used, having regard to the applicable laws, technical standards or good practice;
    (b) appear in such quantity and have such characteristics, including durability and safety and, in respect of goods with digital elements, functionality and compatibility, as are typical of goods of that type and which the Consumer or the Entrepreneur on the rights of the Consumer may reasonably expect, taking into account the nature of the Goods and the public assurances made by DCG, its legal predecessors or persons acting on their behalf, in particular in advertising or on labelling, unless DCG demonstrates that:
    did not know about the public assurance in question and, judging reasonably, could not have known about it,
    prior to the conclusion of the sales contract, the public assurance was rectified under the conditions and in the form in which the public assurance was given, or in a comparable manner,
    the public assurance did not influence the decision of the Consumer or the Entrepreneur on the rights of the Consumer to conclude the sales contract;
1.    (c) be supplied with packaging, accessories and instructions which the Consumer or the Entrepreneur on the rights of the Consumer may reasonably be expected to provide;
2.    (d) be of the same quality as the sample or design which DCG has made available to the Consumer or the Entrepreneur on the rights of the Consumer prior to the conclusion of the sales contract and correspond to the description of such sample or design.

16.    DCG shall not be liable for the non-conformity of the Goods with the sales contract to the extent that the Consumer or the Entrepreneur on the rights of the Consumer at the latest at the conclusion of the sales contract, has been expressly informed that a specific feature of the Goods deviates from the requirements for conformity with the sales contract and has expressly and separately accepted the lack of a specific feature of the Goods.

17.    DCG shall be liable for any lack of conformity of the Goods with the sales contract existing at the time of delivery and discovered within two years of that time, unless the Goods have a longer shelf life, as determined by DCG, its legal predecessors or persons acting on their behalf. Any non-conformity of the Goods with the sales contract which becomes apparent before the expiry of two years from the time of delivery of the Goods shall be presumed to have existed at the time of delivery unless the contrary is proved or the presumption cannot be reconciled with the nature of the Goods or the nature of the non-conformity of the Goods with the sales contract.

18.    If the Goods are not in conformity with the sales contract, the Consumer or the Entrepreneur on the rights of the Consumer may request repair or replacement.

19.    DCG may carry out a replacement where the Consumer or the Entrepreneur on the rights of the Consumer requests a repair, or DCG may carry out a repair where the Consumer or the Entrepreneur on the rights of the Consumer requests a replacement, if it is impossible or would require unreasonable costs for DCG to bring the Goods into conformity with the sales contract in the manner chosen by the Consumer or the Entrepreneur on the rights of the Consumer. If repair and replacement are impossible or would require unreasonable costs for DCG, DCG may refuse to bring the Goods into conformity with the sales contract.

20.    In assessing the unreasonableness of the costs to DCG, account shall be taken of all the circumstances of the case, in particular the significance of the non-conformity of the Goods with the sales contract, the value of the Goods in conformity with the sales contract and the undue inconvenience to the Consumer or the Entrepreneur on the rights of the Consumer arising from the change in the manner of bringing the Goods into conformity with the sales contract.

21.    DCG shall carry out the repair or replacement within a reasonable time from the moment DCG is informed by the Consumer or Entrepreneur on the rights of the Consumer of the non-conformity with the sales contract and without undue inconvenience to the Consumer or Entrepreneur on the rights of the Consumer, taking into account the specific nature of the Goods and the purpose for which the Consumer or the Entrepreneur on the rights of the Consumer purchased them. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by DCG.

22.    The Consumer or the Entrepreneur on the rights of the Consumer shall make the Goods subject to repair or replacement available to DCG. DCG shall collect the Goods from the Consumer or Entrepreneur on the rights of the Consumer at its expense.

23.    Either the Consumer or the Entrepreneur on the rights of the Consumer shall not be obliged to pay for the mere use of the Goods which are subsequently replaced.

24.    If the Goods are not in conformity with the sales contract, the Consumer or the Entrepreneur on the rights of the Consumer may make a declaration to request a reduction in the Price or to withdraw from the sales contract when:
1.    DCG refused to bring the Goods into conformity with the sales contract in accordance with Article 43d(2) of the Consumer Rights Act;
2.    DCG has failed to bring the Goods into conformity with the sales contract in accordance with Article 43d(4) to (6) of the Consumer Rights Act;
3.    the non-conformity of the Goods with the sales contract continues even though DCG has attempted to bring the Goods into conformity with the sales contract;
4.    the lack of conformity of the Goods with the sales contract is so significant that it justifies a reduction in the Price or withdrawal from the sales contract without first resorting to the means of protection set out in Article 43d of the Consumer Rights Act;
5.    it is clear from DCG's statement or the circumstances that DCG will not bring the Goods into conformity with the sales contract within a reasonable time or without undue inconvenience to the Consumer or the Entrepreneur on the rights of the Consumer.

25.    The reduced Price must remain in such proportion to the Price under the sales contract as the value of the Goods not in conformity with the sales contract remains to the value of the Goods in conformity with the sales contract.

26.    DCG shall reimburse to the Consumer or the Entrepreneur on the rights of the Consumer the amounts due as a result of the exercise of the right to reduce the Price immediately, but no later than within 14 days of receipt of the Consumer's or the Entrepreneur on the rights of the Consumer' statement on the reduction of the Price.

27.    A Consumer or the Entrepreneur on the rights of the Consumer may not withdraw from a sales contract if the lack of conformity of the Goods with the sales contract is insignificant. The lack of conformity of the Goods with the sales contract shall be presumed to be significant.

28.    If the lack of conformity with the sales contract only relates to some of the Goods delivered under the sales contract, the Consumer or the Entrepreneur on the rights of the Consumer may withdraw from the sales contract only in respect of those Goods and also in respect of other Goods purchased by the Consumer or the Entrepreneur on the rights of the Consumer together with Goods not in conformity with the sales contract, if the Consumer or the Entrepreneur on the rights of the Consumer cannot reasonably be expected to agree to keep only Goods in conformity with the sales contract. 

29.    In the event of cancellation of the sales contract, the Consumer or Entrepreneur on the rights of the Consumer shall immediately return the Goods to DCG at its expense. DCG shall return the Price to the Consumer immediately, but no later than within 14 days of receipt of the Goods or proof of their return.

30.    DCG shall refund the Price using the same method of payment used by the Consumer or the Entrepreneur on the rights of the Consumer, unless the Consumer or the Entrepreneur on the rights of the Consumer has expressly agreed to a different method of refund that does not incur any costs for the Consumer.

31.    Either the Consumer or the Entrepreneur on the rights of the Consumer may withhold payment of the Price until DCG has fulfilled its obligations under Articles 43d and 43e of the Consumer Rights Act.