Claims

Non-conformity of goods, defects of goods

In case of non-conformity of goods with the contract, the Buyer may exercise the statutory warranty rights specified in detail in the relevant laws. The deadline for exercising these rights in the European Union is two years from the date of receiving the product. In addition, if the warranty was granted for the given product, the Buyer may exercise the warranty rights.

The rights granted by the statutory warranty and the rights granted by the warranty do not exclude each other - the Buyer can choose the preferred type of the claim. Damage and faults that are a result of misuse, accidental damage or self-modification are not covered by the warranty or the statutory warranty.

Fill in the complaint form

You can also submit such a complaint via shop@taiwangun.com or in writing to the address: Krakman P. Kiepura, K. Michalik sp. k., Pollanki 18, Gate B, 30-740 Krakow, Poland.

The complaint should clearly state the Buyer's demand, as well as it should describe the nature of the problem and the circumstances in which the problem was detected. The Store's customer service may ask for additional information, depending on the nature of the problem.

Complaints will be reviewed within 14 days of receiving them. If the nature of the complaint requires inspecting the product, the Seller will inform about such requirement and the Buyer will be obliged to securely pack and send the product to Krakman's address, or, if so indicated, to a different address specified by Krakman.

The return shipping cost is covered by the Seller. The Seller provides a prepaid shipping label if the Buyer is located within the European Union. For other countries, the Seller, at its own discretion, reimburses the shipping cost, up to 50 USD, or arranges an appropriate repair or service locally. Cash on delivery packages will not be accepted.

Verifying the fault or repairing it involves disassembling the replica, which may leave visible marks (e.g. due to using a screwdriver or sliding two elements apart). Such marks cannot be a basis of any claims, which the Buyer confirms by sending the products to Krakman.

If the complaint proves to be unjustified (the product in question is conforming with the contract, not faulty), the cost of shipping the product back from Krakman to the Buyer is covered by the Buyer.

Merchandise that remains unclaimed by the Buyer after the complaint has been processed and after the date specified in a notification from the Seller is stored by the Seller at the Buyer's expense, beginning from the day following the specified collection date. The amount is based on the market value of such storage and is equal to 90 PLN per month for every full month of storage and 1/30th of this amount for each day, if the item is not stored for a full month.

Buyer statutory warranty rights specified in detail in the relevant laws

Chapter 5a - Contracts obliging to transfer the ownership of the goods to the consumer

Art. 43a. [Range of application of the provisions of the chapter; exclusion of application of the provisions of the Civil Code]

1. In the event of lack of conformity of the goods with the contract, the consumer has the rights set out in this chapter. For contracts obliging to transfer the ownership of the goods to the consumer, including in particular sales contracts, delivery contracts and contracts for work constituting goods, the provisions of Book Three, Title XI, Section II of the Act of 23 April 1964 - Civil Code (Journal of Laws of 2022, items 1360 and 2337) do not apply.
2. The provisions of this chapter do not apply to goods that serve only as a carrier of digital content.

Art. 43b. [Conformity of the goods with the contract]

1. The goods are in conformity with the contract if, in particular, their:
   1. description, type, quantity, quality, completeness and functionality, and in relation to goods with digital elements - also compatibility, interoperability and availability of updates,
   2. suitability for a specific purpose for which it is needed by the consumer, of which the consumer notified the entrepreneur at the latest at the time of conclusion of the contract and which the entrepreneur accepted.
2. In addition, in order to be considered in conformity with the contract, the goods must:
   1. be fit for the purposes for which goods of this type are usually used, taking into account applicable laws, technical standards or good practice;
   2. be present in such quantity and have such characteristics, including durability and safety, and in relation to goods with digital elements, also functionality and compatibility, which are typical for goods of this type and which the consumer can reasonably expect, taking into account the nature of the goods and the public statement made by the entrepreneur, his legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the entrepreneur proves that:
      1. he did not know about the public statement in question and, judging reasonably, could not have known about it,
      2. prior to the conclusion of the contract, the public statement was rectified in the conditions and form in which it was made, or in a comparable manner,
      3. the public statement had no influence on the consumer's decision to conclude the contract;
   3. be supplied with packaging, accessories and instructions that the consumer can reasonably expect to be provided;
   4. be of the same quality as the sample or model that the entrepreneur made available to the consumer prior to the conclusion of the contract and correspond to the description of such sample or model.
3. For goods with digital elements, the provisions of art. 43k sec. 3 and 4 and art. 43l sec. 4 shall apply accordingly.
4. The entrepreneur is not responsible for the lack of conformity of the goods with the contract in the scope referred to in sec. 2 or 3, if the consumer, at the latest at the time of conclusion of the contract, has been clearly informed that a specific feature of the goods deviates from the requirements of conformity with the contract set out in sec. 2 or 3, and explicitly and separately accepted the lack of a specific feature of the goods.
5. The entrepreneur is liable for the lack of conformity of the goods with the contract resulting from improper installation of the goods, if:
   1. it was carried out by the entrepreneur or under his responsibility;
   2. the incorrect installation carried out by the consumer was due to errors in the instructions provided by the entrepreneur or a third party referred to in art. 6 sec. 2.

Art. 43c. [Time limits of the entrepreneur's liability for the lack of conformity of the goods with the contract]

1. The entrepreneur is liable for the lack of conformity of the goods with the contract extant at the time of their delivery and revealed within two years from that moment, unless the expiry date of the goods determined by the entrepreneur, his legal predecessors or persons acting on their behalf is longer. The lack of conformity of the goods with the contract, which became apparent within two years from the moment of delivery of the goods, shall be presumed to have existed at the time of their delivery, unless proven otherwise or the presumption cannot be reconciled with the nature of the goods or the nature of the lack of conformity of the goods with the contract.
2. The entrepreneur may not rely on the expiry of the time limit for establishing the lack of conformity of the goods with the contract referred to in sec. 1, if the entrepreneur fraudulently concealed this lack of conformity.
3. With regard to goods with digital elements, the entrepreneur is liable for the lack of conformity of the digital content or digital service supplied continuously, which occurred or became apparent at the time when, according to the contract, they were to be delivered. This period may not be shorter than two years from the moment of delivery of the goods with digital elements. The lack of conformity of the digital content or digital service with the contract is presumed to have occurred at that time if it became apparent at that time.

Art. 43d. [Consumer rights in case of lack of conformity with the contract]

1. If the goods are not in conformity with the contract, the consumer may demand that they be repaired or replaced.
2. The entrepreneur may make a replacement when the consumer demands repair, or the entrepreneur may make a repair when the consumer demands a replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the entrepreneur. If repair and replacement are impossible or would require excessive costs for the entrepreneur, he may refuse to bring the goods into conformity with the contract.
3. When assessing the excess of costs for the entrepreneur, all circumstances of the case are taken into account, in particular the significance of the lack of conformity of the goods with the contract, the value of goods in conformity with the contract and excessive inconvenience for the consumer resulting from the change in the way of bringing the goods into conformity with the contract.
4. The entrepreneur shall make the repair or replacement within a reasonable time from the time the entrepreneur was informed by the consumer of the lack of conformity and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased them. The costs of repair or replacement, including in particular the costs of postage, transport, labour and materials, shall be borne by the entrepreneur.
5. The consumer makes the goods subject to repair or replacement available to the entrepreneur. The entrepreneur collects the goods from the consumer at his own expense.
6. If the goods were installed before the lack of conformity of the goods with the contract was revealed, the entrepreneur disassembles the goods and re-assembles them after the repair or replacement, or has these activities performed at his own expense.
7. The consumer is not obliged to pay for the normal use of the goods that were subsequently replaced.

Art. 43e. [Price reduction; withdrawal from the contract]

1. If the goods are not in conformity with the contract, the consumer may submit a statement of price reduction or withdrawal from the contract when:
   1. the entrepreneur refused to bring the goods into conformity with the contract in accordance with art. 43d sec. 2;
   2. the entrepreneur has not brought the goods into conformity with the contract in accordance with art. 43d sec. 4-6;
   3. the lack of conformity of the goods with the contract persists even though the entrepreneur has tried to bring the goods into conformity with the contract;
   4. the lack of conformity of the goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the protection measures specified in art. 43d;
   5. it is clear from the entrepreneur's declaration or circumstances that he will not bring the goods into conformity within a reasonable time or without undue inconvenience to the consumer.
2. The reduced price must remain in such proportion to the price resulting from the contract as the value of the non-conforming goods bears to the value of goods in conformity with the contract.
3. The entrepreneur returns to the consumer the amount due as a result of exercising the right to reduce the price without undue delay, not later than within 14 days from the date of receipt of the consumer's statement on the price reduction.
4. The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant. It is presumed that the lack of conformity of the goods with the contract is significant.
5. Where the lack of conformity concerns only some of the goods supplied under the contract, the consumer may withdraw from the contract only in respect of those goods and also in respect of other goods purchased by the consumer together with the non-conforming goods, if the consumer cannot reasonably be expected to agree to retain only the goods in conformity with the contract.
6. In the event of withdrawal from the contract, the consumer returns the goods to the entrepreneur without undue delay, at the entrepreneur's expense. The entrepreneur returns the price to the consumer without undue delay, no later than within 14 days from the date of receipt of the goods or proof of sending them back.
7. The entrepreneur refunds the price using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of refund, which does not involve any costs for him.

Art. 43f. [Withholding of the payment of the price by the consumer until the entrepreneur fulfils his obligations arising from the complaint]

The consumer may refrain from paying the price until the entrepreneur fulfils his obligations under art. 43d and art. 43e.

Art. 43g. [Warranty provided to the consumer]

1. Deviation from the warranty conditions set out in the advertisement to the detriment of the consumer is ineffective, unless the warranty statement made in the advertisement before the conclusion of the contract has been rectified in accordance with the conditions and form in which the advertisement was carried out, or in a comparable manner.
2. The durability guarantee may not provide for repair or replacement conditions less favourable to the consumer than those specified in art. 43d.