Our Online Store Customer Service Department will always assist and advise you in case of a complaint.
Contact us via email at sklep@diversesystem.com or by phone at +48 58 500 08 29 / +48 58 500 08 25.
Below, you will find detailed information regarding product complaints.
TERMS AND CONDITIONS FOR SUBMITTING COMPLAINTS ABOUT PURCHASED GOODS
I.
Introduction and Legal Basis for Complaints
Dear Customer,
If you notice any discrepancies in the product, you have the right to file a complaint. However, please note that complaints are processed under two different procedures, depending on the date of the sales contract:
• If the sales contract was concluded by December 31, 2022, the complaint is subject to the rules of warranty (rękojmia) based on the provisions of the Civil Code Act of April 23, 1964.
• If the sales contract was concluded on or after January 1, 2023, following the implementation of national regulations based on the EU Goods Directive of May 28, 2022, the complaint is handled under the rules of non-conformity of goods with the contract, according to the Act of November 4, 2022, amending the Consumer Rights Act of May 30, 2014.
II.
Consumer Rights
Depending on the applicable complaint procedure, the rights of consumers are as follows:
• Warranty (rękojmia) – The consumer has equal rights to request:
a) Free repair of the defective product, replacement with a new, defect-free product, a price reduction, or contract withdrawal (except when the defect is minor). The seller has the right to propose an alternative solution, which the consumer must then accept or reject.
• Lack of conformity of the Goods with the contract – the Consumer's rights generally have a two-stage nature (two sequences of claims), which means that the Consumer can proceed to the second stage of rights only after exhausting the rights from the first stage, which include:
a) Free repair of the defective Goods (elimination of non-conformity with the contract) or replacement of the Goods with a new one that conforms to the contract. It should be noted that the Seller may choose to replace the Goods if the Consumer requests a repair, or may choose to repair the Goods if the Consumer requests a replacement, if bringing the Goods into conformity in the manner chosen by the Consumer is impossible or would involve excessive costs for the Seller. The decision regarding repair or replacement remains at the Seller’s discretion.
b) The second stage of the Consumer's rights is submitting a declaration for a price reduction of the Goods or withdrawal from the contract, provided that the request meets one of the five applicable conditions, namely:
1) The seller refused to bring the product into conformity.
2) The seller failed to bring the product into conformity.
3) The defect persists despite the seller's attempt to fix it.
4) The non-conformity is so significant that immediate price reduction or withdrawal is justified.
5) The seller explicitly states (or it is evident from the circumstances) that the product will not be brought into conformity in a reasonable time or without excessive inconvenience to the consumer.
III.
Seller’s Liability and Complaint Processing Time
For both complaint procedures, the seller is liable for two years from the date of product delivery. The seller must process complaints within:
• 14 calendar days for warranty-based complaints. If this deadline is exceeded, the complaint is automatically considered accepted (except for contract withdrawal requests, per Article 561[5] of the Civil Code).
• 14 calendar days for complaints based on non-conformity with the contract. If this deadline is exceeded, the complaint is automatically considered accepted (per Article 7a of the Consumer Rights Act).
IV.
Methods of Submitting a Complaint
A customer may submit a complaint by:
• In-store complaint: Bringing the defective product along with proof of purchase (VAT invoice, receipt, or other proof of purchase) to any Diverse brick-and-mortar store in Poland. A list of stores is available at www.diversesystem.com/znajdz-sklep.html.
• Mail complaint: Sending the defective product to the seller’s headquarters at:
ETOS S.A., ul. Bysewska 23, 80-298 Gdańsk, Poland
The package must be labeled “Complaint” and include a completed complaint form. The form is provided as an example to facilitate the process but is not mandatory for the complaint’s validity.
V. Definitions
For the purposes of this document, the following definitions apply:
• Seller – ETOS S.A., headquartered in Gdańsk, ul. Bysewska 23, registered in the National Court Register under KRS number 178415, NIP 584-030-32-02, with a share capital of PLN 55,055,102 (fully paid).
• Customer – A natural person who is a consumer and has concluded a sales contract with the seller in either the online store or a Diverse store.
• Consumer – A natural person purchasing a product for purposes not directly related to their business or professional activity, as defined in Article 221 of the Civil Code.
• Online Store – The online sales platform available at www.diversesystem.com, allowing customers to place orders for goods offered by the seller.
• Diverse Store – A physical retail store operated by the seller or a third party on its behalf within Poland.
• Product – A movable item offered by the seller through the online store or Diverse stores.
• Sales Contract – A contract for the purchase of products, concluded either online via the online store or in-store at a Diverse retail location.
• Civil Code – The Act of April 23, 1964.
• Consumer Rights Act – The Act of May 30, 2014.
VI.
Final Remarks
Detailed terms and conditions for distance sales through the online store, as well as the execution of sales contracts, are available in the Online Store Regulations at:
www.diversesystem.com/pl/sklep/regulamin.
By submitting a complaint and providing personal data, the customer consents to the processing of their data for the purpose of complaint resolution. The data controller is the seller (ETOS S.A.), located at ul. Bysewska 23, Gdańsk. The seller ensures the protection of personal data in compliance with Regulation (EU) 2016/679 (GDPR) and the Personal Data Protection Act of May 10, 2018.
Information on the processing of personal data is available at:
www.diversesystem.com/pl/sklep/polityka-prywatnosci.
Personal data will be processed: with the consent of the person filing the complaint (Article 6(1)(a) GDPR) for the purpose of handling the complaint (Article 6(1)(b) GDPR). Customers have the right to: access their data (Article 15 GDPR), withdraw consent (Article 7(3) GDPR), rectify their data (Article 16 GDPR), request data deletion (Article 17 GDPR), restrict processing (Article 18 GDPR), object to processing (Article 21 GDPR), not be subject to automated decision-making, including profiling (Article 22 GDPR), transfer their data (Article 20 GDPR), file a complaint with the Data Protection Authority (PUODO President, Poland).
Download a complaint form:
