RGB Elektronika Spółka z ograniczoną odpowiedzialnością Sp. k. Guarantee Conditions

I) The following definitions contained in these Guarantee Conditions shall have the following meaning:

1. „Guarantee Document” stands for a VAT invoice issued by the Guarantor due to the sales of product under the Guarantee
2. „Complaint form” stands for a document received by the Entity Authorized by the Guarantee via e-mail at the e-mail address indicated by them after making a purchase of the Equipment under Guarantee
3. “Guarantee” means the rights and obligations resulting from these Guarantee Conditions and the provisions of the Civil Code;
4. “Guarantor” means RGB Elektronika Spółka z ograniczoną odpowiedzialnością Sp. k. ul. Długosza 2-6, 51- 162 Wrocław, entered into the register of entrepreneurs by the District Court for Wrocław Fabryczna in Wrocław, 8th Commercial Division of the National Court Register under no. 371709, NIP PL (tax identification number) no.: 8951985034. Phone no.: +48 71 3251505 (standard connection charge – please check with your operator for rates), e-mail address: [email protected].
5. “Repair” means specialized actions intended for the removal of the Device defects covered by the Guarantee, performed by the Guarantor on the basis of one report of the necessity to repair the Device, regardless of how many spare parts have been used in order to complete such actions, with reservation that such a term does not cover actions related to the installation and maintenance of the Device and prescribed in the device’s manual, regulation of the Device;
6. “Product description” stands for information concerning the Guarantee period for specific product assigned to every product offered on the website of the RGB Automatyka online store managed by the Seller
7. “Service” stands for the organisational unit of the Guarantor that provides the services of Equipment Repair including defects reported as part of the Guarantee in specified service points 
8. “Force Majeure” stands for any external event of extraordinary nature which cannot be prevented or influenced by the Guarantor performing or intending to perform a guarantee repair of the Equipment which includes especially natural disasters, military conflicts and social unrest such as riots, strikes, group disputes etc.
9. “Equipment” stands for device which name, model and serial number were specified in the text of Guarantee Document including device which the Entity Authorized by the Guarantee received as a result of exchange of faulty Equipment caused by positive consideration of the Guarantee Claim
10. “Person entitled by the Guarantee” means a person who purchased a Device from the Seller, and any further owner of the Device and holder of the Guarantee Card, who has acquired an effective right to execute the rights resulting from a Guarantee.
11. "Guarantee Conditions” stands for the present document
12. “Guarantee claim” stands for a claim made by the Entity Authorized by the Guarantee of the defect of the Equipment under the Guarantee by sending the Guarantor the Complaint Form.

II) Guarantor shall grant a Guarantee of a proper functioning of the Device for 24 months from the date of a sale specified in the Guarantee Card. Guarantee shall apply on the territory of the Republic of Poland. The Guarantee Period shall be extended by a period starting on the day of reporting the necessity to perform a Repair of the Device by the Guarantor, mentioned below in section 4, and ending on the day when the Person entitled by the Guarantee is notified by the Guarantor that the Repair has been finished. If, as a result of performing the obligations arising from these Guarantee Conditions, the Person entitled by the Guarantee has received a Device that is free of defects (as a replacement for the defective Device), or if two Important Repairs have been made, the above specified Guarantee period shall start anew from the moment of receipt of the Device free of defects by the Person entitled by the Guarantee, or from the moment of performing the last Important Repair of the Device.

III) A necessity to perform a Repair of a Devices shall be reported to the Guarantor.

IV) Guarantee does not cover:

1. damages of the Equipment caused by their user as consequence of wrong or not in accordance with the manual use of the Equipment which also concerns its installation and maintenance 
2. damages of the Equipment caused by the use that was not in accordance with its specifications 
3. damages of the Equipment caused by wrong or inconsistent with the manual installation performed by persons not possessing necessary qualifications in this regards 
4. damages of the Equipment caused by the use of incorrect consumables by the user 
5. maintenance planned in the manual
6. damages of the Equipment caused as a result of repair by other persons than the Guarantor
7. modifications or constructional changes of the Equipment performed by persons other than the Guarantor
8. damages of the Equipment caused by external factors (atmospheric discharges, incorrect performance of electrical, water, sewage or energy network) 
9. damages of the Equipment caused during its delivery by the Entity Authorized by the Guarantee to the Guarantor as a result of insufficient protection 
10. Glass parts and lightbulbs 

V) Connecting the Equipment requiring expert installation to the electrical, sewage, water or gas network can be done only by people possessing necessary authorization in this regard under the risk of losing rights given by the Guarantee, the Guarantor can condition performing the repair on presenting by the Entity Authorized by the Guarantee the evidence confirming following the above duty 

VI) All terms unregulated in these Guarantee Conditions will be determined by the Polish law, especially the articles 577-581 of the Civil Code 

VII) The Guarantee does not exclude the permissions of the Client being the Customer who has acquired the Equipment from the Guarantor due to warranty for flaws of the sold item. 

Guarantee Repairs 

I) The Guarantee Repairs are done by the Service in accordance with provisions of the Guarantee Conditions. 

II) Authorized by the Guarantee after the purchase of the Equipment under Guarantee received from the Guarantor via automatic e-mail along with description of reporting Guarantee Claim procedure and Complaint Form. 

III) Entity Authorized by the Guarantee reports the Guarantee Claim by sending the Guarantee Form which includes: 

1. company data of the Entity Authorized by the Guarantee including: name, tax ID number, business address, shipping address and possibility of choosing personal pickup of the Equipment 
2. data of person authorized to contact including: name and surname, telephone number, e-mail address and e-mail address of person authorized to manage payments
3. description of the fault including description of the fault in writing and error codes displayed on the screens if such were present 

IV) A shipping label is attached with the Complaint Form which the Entity Authorized by the Guarantee can put on the package that contains the returned Equipment 

V) The condition to perform the Equipment repair by the Guarantor is presentation by the Entity Authorized by the Guarantee the Guarantee Document that includes name and model of the Equipment, date of purchase of the Equipment, surname/name of the buyer, name/company of the Seller, the Seller is obliged to fill in the above data if they were not filled in to the Guarantee Document at the moment of providing it to the Entity Authorized by the Guarantee 

VI) In case of not delivering the documents confirming the specific product is under the Guarantee, the Repair will be treated as one requiring payment in accordance with costs evaluation by the Service. The time of Repair will be counted from the day of delivering the necessary document by the Entity Authorized by the Guarantee to the Service.  

VII) Reporting the necessity to perform a Repair of a Device, the Person entitled by the Guarantee shall first agree with the Guarantor on the method of transferring the Device for Repair. The necessity to perform a Repair can be reported: in person, by phone, by a registered mail, or by e-mail at: [email protected].

VIII) The Entity Authorized by the Guarantee can deliver the Equipment covered by the Guarantee Claim to the Guarantor by their choice via one of the following ways

1. personal delivery of the Equipment to the company HQ; 
2. Commissioning the pick up of the Equipment to the Guarantor in the place picked by the Entity Authorized by the Guarantee in the territory of Poland 
3. insured package at the expense of the Service

IX) If agreed that the Device will be picked up by the Guarantor, the Device should be picked up within 14 days from the day when the Person entitled by the Guarantee reports the necessity to perform a Repair. In case of failure to observe this deadline by the Guarantor, the Person entitled by the Guarantee will be able to deliver the Device at the Guarantor’s cost. If it is impossible to reach such an agreement or in case of doubts regarding the content of such agreement it shall be assumed that the Device will be delivered to the Guarantor by the Person entitled by the Guarantee at the Guarantor’s cost, with reservation that the delivery cost cannot exceed PLN 30.75.

X) The Equipment delivered by the Entity Authorized by the Guarantee to the Guarantor should be suitably protected against damages during transport. Suitable protection will be deemed as such: original factory packaging along with all protections (blockades) present in the moment of picking up the Equipment by the Entity Authorized by the Guarantee from the Seller. In case of not complying with the above protections by the Entity Authorized by the Guarantee they will bear the risks linked with damages of the Equipment delivered to the Guarantor 

XI) Repair of Device defects covered by the Guarantee shall be performed within 30 days from the day of delivering the Device to the Guarantor or the Device receipt by the Guarantor. Removal of Device defects covered by the Guarantee shall be conducted free of charge within a Guarantee period. In the Guarantee period, the Person entitled by the Guarantee shall not bear any costs related to the Service Point’s receipt and the delivery of the Device subject to the Repair.

XII) Guarantor shall not be responsible for any breach of deadlines for performing the Repair and picking up or delivering the Device subject to Repair if the delay in this regard will be caused by: 

1. Acts of Force Majeure 

2. lack of replacement parts in the territory of Poland  

3. import or export limitations for devices or replacement parts

4. the nature or scope of the Equipment fault generating additional time necessary to perform diagnosis and Repair, 

5. Other unexpected circumstances preventing the on-time performance of the Repair. In such case the dates will be extended for a time indicated by the Guarantor

XIII) In case of unfounded request to perform Repair, the Entity Authorized by the Guarantee (or the user of the Equipment who lost Guarantee permissions) will bear all costs connected with delivering the Equipment to the Guarantor, its repair and pick up, and in case of repair of the Equipment at the Entity Authorized by the Guarantee – costs of repair and transportation of the Guarantor’s employees to the place at which the Equipment will be repaired. As unfounded demands of the Equipment Repair following is especially understood: demand to remove damages or performing maintenance (installation) not covered by the Guarantee as well as demand to perform Repair despite losing Guarantee permissions. 

XIV) The responsibility to deliver the Equipment to the Entity Authorized by the Guarantee after performing the repair lies on the Guarantor. The Equipment should be delivered to the Entity Authorized by the Guarantee within 7 days after finishing the Repair. The exact date (by specifying day and time) of delivering the Equipment by the Guarantor will be decided together by the Entity Authorized by the Guarantee and the Guarantor. The Entity Authorized by the Guarantee is obliged to pick up the Equipment delivered by the Guarantor in which flaws covered by the Guarantee were removed in the above date. Otherwise the Entity Authorized by the Guarantee will bear costs of repeated delivery of the Equipment by the Guarantor while the time in which this delivery will take place, cannot exceed 7 days from the date of finishing the Repair and will be decided by the Guarantor. 

XV) Guarantee repairs are performed by the Service free of charge, except for cases specified in the guarantee terms and conditions. The Service reserves the right to refuse to recognize a free of charge guarantee repair if:  

1. products have been altered by unauthorized entities;
2. devices have been mechanically damaged;
3. found damage results from the usage beyond the scope of usage for the devices described and/or provided in the instructions for use (when such instructions have been provided with a device);
4. guarantee seal has been altered in any way by unauthorized entities;

XVI) For the parts or devices replaced in the repair process the Service provides Guarantee with accordance to Guarantee Conditions. The Entity Authorized by the Guarantee is provided with the Guarantee Document. 

XVII) If the Equipment is covered by the guarantee of its manufacturer, the buyer of the Equipment may report the guarantee claim in accordance with the procedure indicated by the Equipment manufacturer

XVIII) These Guarantee Claims are valid as of November 13, 2019. For products purchased before November 13, 2019 Guarantee Claims stated before November 13, 2019 are applied.