Reklamationsordnung

COMPLAINT REGULATIONS FOR BAMAR-POL COMPANY PRODUCTS

for wholesale and finished goods
(within the warranty granted by BAMAR-POL)

These regulations (hereinafter referred to as the “Regulations”) apply to the complaints procedure for Products purchased from BAMAR-POL sp. z o.o. with its registered office in Opole, ul. Graniczna 2 (45-587), registered in the entrepreneurs’ register of the National Court Register by District Court in Opole, VIII Commercial Division of the National Court Register under number 0000081234, holding, Tax Identification Number (NIP) 7540403981 and Statistical Number (REGON) 004538156, (hereinafter referred to as the „Seller“ or „BAMAR-POL“) by entrepreneurs within the meaning of provisions of the Civil Code Act of April 23, 1964 (Journal of Laws 2025, item 1071) (hereinafter referred to as the “User” or “Buyer”).

The Regulations are valid in the territory of the Republic of Poland and enter into force on October 15, 2025, and remain valid until recalled.

I. DEFINITIONS

  1. Product – any movable item offered by BAMAR-POL, with the reservation that advertising materials in the form of leaflets, catalogue inserts or entire catalogues, patterns, cutting dies samples, display items are not subject to these Regulations, unless their condition prevents their use as intended.
  2. Buyer / User – an entrepreneur (within the meaning of the provisions of the Civil Code Act of April 23, 1964 (Journal of Laws 2025, item 1071)) purchasing a Product for purposes related to their conducted business or professional activity.
  3. Complaint – a claim submitted by the Buyer to a physical defect of the Product or its non-conformity with the order, within the framework of the warranty granted by the Seller.

II. GENERAL ARRANGEMENTS

  1. These Regulations form an integral part of all sales agreements and also apply to all future business relations between the Seller and the Buyer, even if they are not explicitly agreed upon again in a given case. Any deviations from these Regulations may only result from agreements between the Parties concluded, under penalty of nullity, in writing or via electronic mail (e-mail). Any purchase conditions of the Buyer that conflict with the provisions of these Regulations are not binding for the Seller, even if they became known to the Seller due to prior cooperation between the Parties such as request for quotes, orders, or were not explicitly contested by the Seller, as well as if the Seller, having knowledge of the Buyer’s different conditions, performed a sale for them without separate reservations.
  2. The Buyer’s placement of an order for BAMAR-POL Products signifies acceptance of these Regulations. The content of these Regulations is available on the company’s website and in the ordering application.
  3. Only Products purchased directly from the Seller are subject to complaints, in case of defects or non-conformity with the order.
  4. The condition for accepting and considering a complaint is the absence of payment arrears and full settlement of the amount due for the Product complained about.
  5. A complaint can only be processed after the Product is delivered to the main BAMAR-POL warehouse in Strzelce Opolskie, ul. 1 Maja 50, 47-100, or after its verification by the quality control department at the Buyer’s premises.
  6. Until the complaint is positively processed, all costs associated with its procedure are borne by the Buyer.
  7. The warranty only covers cases of using the Product in accordance with its intended purpose and with the usage and installation instructions.
  8. The Buyer is obliged to possess the purchase document for the Product from BAMAR-POL.
  9. Upon detecting a Product defect, the Buyer is obliged to immediately inform BAMAR-POL and file a complaint, subject to the provisions of these Regulations, refrain from using the Product and secure it against damage.
  10. In case of violation of these Regulations by the Buyer, the Seller may refuse to acknowledge the complaint.
  11. The complained goods must be returned at the Buyer’s expense.
  12. Upon the Buyer’s request, before processing the complaint, the Seller may send a fully functional Product based on a new invoice. After a positive processing of the complaint, a corrective invoice will be issued.
  13. BAMAR-POL is obliged to remove the defect of the item or to deliver an item free from defects, if these defects appear within the period specified in these Regulations. In cases where the exchange or repair of the Product is impossible or involves significant costs, and the Product defect is insignificant, BAMAR-POL may reduce the price of the Product, refunding part of the paid price via an invoice correction. The Parties may also, by mutual agreement, in writing, under pain of nullity, determine details regarding separate conditions for defect removal.
  14. The amount due resulting from the invoice correction can be obtained by the entitled party via bank transfer to the provided account (the request for a transfer should be included in the complaint form or reported to the relevant sales department of the Seller before issuing the corrective invoice) or settled against payment for a subsequent or overdue invoice. If the request is not noted, the Seller reserves the right to settle the current, unpaid invoice with the due amount, if such exists.
  15. BAMAR-POL, in case of malfunctions occurring during the warranty period due to its fault, undertakes to perform free repairs. If it is determined that the defect or malfunction occurred due to reasons on the part of the Buyer or another third party, all costs associated with the repair are borne by the Buyer. The classification of malfunctions and their removal is performed by BAMAR-POL.
  16. Defects in Products resulting from their transport or assembly performed by the user or on their order, can be removed by BAMAR-POL only at the cost and risk of the user under conditions separately agreed between the Parties.
  17. Complaints for Products damaged due to the Buyer’s fault will not be acknowledged.
  18. The Seller is not responsible for damage to the Product resulting from improper transport, storage, use inconsistent with the instructions, action of atmospheric or mechanical factors.

III. COMPLAINT DEADLINES

  1. Products are covered by a 24-month quality warranty for physical defects.
  2. A complaint regarding the non-conformity of goods with the order/agreement must be filed within 14 days from the date of sale.
  3. The Seller undertakes to respond to a correctly filed complaint within 14 business days (a business day is considered days from Monday to Friday excluding days off from work within the meaning of the Act of January 18, 1951 on non-working days (Journal of Laws 2025, item 296) and Saturdays) from the date of delivery of the Product to the main warehouse.
  4. The warranty period is calculated from the date of sale of the Product.

IV. METHOD OF FILING A COMPLAINT

  1. Complaints are filed exclusively via the B2B platform: https://bamar.pl/b2b/ by providing the invoice number. If this is not possible, please contact the Seller’s complaint department (tel. 796-535-635, e-mail: reklamacje@bamar.pl).
  2. Since only Products with the original label are subject to complaint, it is recommended to keep their labels until the Products are completely used up.
  3. The Buyer is obliged to enable a BAMAR-POL employee to inspect the Product.
  4. A Product delivered without prior notification via the B2B panel or without the Seller’s acceptance will be returned at the Buyer’s expense.
  5. It is unacceptable to hand over Products to drivers of transport companies without prior arrangement with the BAMAR-POL complaint department.
  6. The Product should be in an unchanged, unprocessed state.
  7. The complained Product must be packaged in a manner that protects it from damage.
  8. The following are not subject to complaint: Processed Products (e.g., cut profiles, fabric scraps and ends) and Outlet Products (Products including: sold at a reduced price, from end-of-line collections, sales, collection liquidation, or post-display items).
  9. Complained fabrics should be on winding tubes and properly secured.
  10. Partial return of fabric is only possible after prior arrangement with the complaint department.
  11. Components must be complete. Combining different elements in one package is not allowed.
  12. The warranty does not cover:
  1. natural wear and tear of parts during normal use, caused by the properties of these elements;
  2. damage caused by persons who, not being a representative of BAMAR-POL, repaired or modified the Product;
  3. damage caused by parts and accessories not approved by BAMAR-POL, which were installed in the Product;
  4. external effects of mechanical damage to the Product caused by impacts of hard objects or resulting from an accident;
  5. damage caused by the Buyer’s failure to fulfill the obligation to immediately report a malfunction that was visible during the operation of the Product.
  6. The Buyer loses warranty entitlements in the case of:
  1. failure to comply with the recommendations contained in the documentation provided by BAMAR-POL, including the Product usage and installation instructions regarding proper installation, operation, maintenance, or adjustment;
  2. making modifications to the Product’s construction without obtaining prior written consent from BAMAR-POL;
  3. using the Product contrary to its intended purpose;
  4. damage to Products caused by the use of improper operating materials;
  5. damage to the Product resulting from its repair by unauthorized persons;
  6. violation, damage, or removal of security features or covering them in any way preventing their identification;
  7. damage, violation, or removal of serial numbers or other identifying marks of the Product or covering them in any way preventing identification.

V. ADDITIONAL INFORMATION AND TRANSPORT

  1. Products have labels containing, among other things, the production date.
  2. In the case of returning a complained Product by the Buyer, the return costs, borne by the Buyer, must be accepted by the Seller before the Product is sent back to the main warehouse.
  3. If the complaint is acknowledged, the return costs of the Product are borne by the Seller. If the complaint is not acknowledged, the return costs of the Product are borne by the Buyer.
  4. Requirements for packages sent by courier:
  • standard box: side up to 70 cm, weight up to 31.5 kg;
  • package 71–249 cm: up to 31.5 kg, sum of 2 sides up to 60 cm;
  • package 250–300 cm: up to 50 kg, sum of 2 sides up to 60 cm.
  1. For larger shipments, the sender and recipient are obliged to assist the courier.
  2. Packages must be secured with bubble wrap, cardboard, or a tube. Regular plastic film is not sufficient.
  3. A Product returned using own transport should be secured as during delivery.
  4. When returning various Products, it is unacceptable to combine them in one package without proper separation and protection.

VI. FINAL PROVISIONS

  1. Refunds from complaints can be settled by transfer or credited towards future liabilities. A transfer request should be reported in the form or to the sales department.
  2. The Seller has the right to suspend the processing of a complaint until the Buyer settles any overdue payments.
  3. These Regulations do not limit the Buyer’s rights under the legal warranty resulting from legal provisions.
  4. The return of a fully functional Product that does not meet the criteria contained in these Regulations is only possible on the basis of separate commercial agreements between the Seller and the Buyer, concluded in written form.
  5. The Seller reserves the right to change the Regulations. Changes are effective from the moment of their publication on the BAMAR-POL website and apply to orders placed after that date.
  6. Disputes arising from these Regulations shall be primarily resolved amicably by the Parties. In the absence of an agreement, the competent court is the common court according to the Seller’s registered office.
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