Start-up warranty - is it legally effective?

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The startup warranty is one type of manufacturer warranty. The guarantor declares that the equipment sold simply works. The term of the start-up guarantee has developed in practice - however, it is not applicable in the legal regulations.

Start-up warranty - what is it?

The start-up guarantee is a concept developed in commercial practice - it does not apply in legal regulations. So, when someone gives a start-up warranty, they simply declare that the equipment is working and, for example, can be returned within the period for which the contractual start-up warranty was granted - if the goods turn out to be defective.

Is the boot warranty legally effective?

The start-up guarantee is not legally binding - it is a voluntary announcement that does not bind the parties and is not legally effective. When someone provides a startup warranty, it's best to ask them exactly what they mean by that. A statement that does not form the guarantor's obligations is not considered as a guarantee.

The start-up guarantee and the liability of the sales parties

The seller is responsible for the goods on the basis of the provisions of the Civil Code, the Act on consumer rights and the Act on specific terms of consumer sales - completely independent of the so-called boot warranty. This means that the consumer or buyer is protected by law in its relationship with the seller or producer.

A consumer is a person who purchases a given item for purposes unrelated to business or professional activity, i.e. for private use from an entrepreneur.

An entrepreneur is an entity that sells a given product in connection with its business activity.

The buyer is any person or entity that is not a consumer.

The relationship between the sales parties can be divided into several categories. Different rules apply depending on the category belonging to a given category.

When a consumer makes a purchase from an entrepreneur

When we purchase a given item as a consumer from an entrepreneur, we are protected by the provisions of the Act of 30 May 2014 on consumer rights and some provisions of the Civil Code.

In consumer-entrepreneur relations, a complaint may be submitted on the basis of:

  • guarantee - if the guarantor provided for it, the guarantee is not an obligation, but a voluntary declaration of the guarantor. When the trader decides to give a guarantee, he must specify the guarantor's rights and the consumer's rights in the event that the goods turn out to be defective. A statement that does not form the guarantor's obligations is not considered as a guarantee.

  • warranty for physical or legal defects, i.e. non-compliance of the goods with the contract - this institution is the seller is liable to the consumer under the law.

When the goods are covered by a guarantee and a warranty for defects (and it is always covered by it), the consumer chooses the way of submitting a complaint - whether on the basis of a guarantee or warranty.

In the case of a guarantee - it is the guarantor who determines the guarantor's rights, the consumer's rights, the duration of the guarantee and other data needed to pursue claims. In addition, the guarantee document should contain a statement that the guarantee for the goods sold does not exclude, limit or suspend the rights of the buyer resulting from the non-compliance of the goods with the contract (warranty for defects).

In the case of warranty for physical and legal defects - the seller is liable to the consumer if the goods do not comply with the contract. In the event of non-compliance within one year from the date of delivery of the goods, it is assumed that the goods were defective at the time of release / sale. The act provides for two months from the date of finding the non-compliance with the contract.

In the case of distance contracts (off-premises or via the Internet, mail, commercial offers, etc.), the consumer has the right to return the goods within 14 days without giving reasons for the return. For this purpose, he should submit a declaration of withdrawal in writing.

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When an entrepreneur makes a purchase from an entrepreneur

When a given item is purchased by an entrepreneur from an entrepreneur, it is protected by the provisions of the Civil Code (book three, title XI).

In entrepreneur-entrepreneur relations, a complaint may be submitted on the basis of:

  • warranty for physical or legal defects, i.e. non-compliance of the goods with the contract - this institution is the entrepreneur's liability under the law;

  • guarantee - if provided for by the guarantor, the guarantee is not an obligation, but a voluntary declaration of the guarantor. When the trader decides to give a guarantee, he must specify the guarantor's rights and the consumer's rights in the event that the goods turn out to be defective.

In the case of warranty - the seller is liable under the warranty if a physical defect is found before the expiry of two years, and when it comes to defects in the real estate - within five years from the date of delivery of the item to the buyer. Legal regulations regarding the warranty can be found in Art. 556-575 of the Civil Code.

In the case of a guarantee - if the guarantor has not provided a different date, the guarantee period is two years from the date of handing over the goods to the buyer. Legal regulations regarding guarantees can be found in Art. 577-581 of the Civil Code.

When a purchase is made by a natural person from a natural person

When we acquire a given item as a natural person from another natural person who does not sell the product in connection with the conducted activity, we are protected by the provisions of the Civil Code (third book, title XI).

In the relationship between a natural person and a natural person who does not sell the product in connection with the conducted business activity, complaints may be submitted on the basis of:

  • warranty for physical and legal defects of the product. Legal regulations regarding the warranty can be found in Art. 556-575 of the Civil Code;

  • warranty - if one has been issued. Legal regulations regarding guarantees can be found in Art. 577-581 of the Civil Code.

In the above relationship, the same provisions apply as for the entrepreneur-entrepreneur relationship.