Upper and lower dentures were made for me for the sum of PLN 1,350. After a few months, the molars were worn down, the bite was lowered - I looked terrible. I went to my dentist with a complaint. The 4 molars in the lower and upper denture were replaced under the warranty. However, after about 2 months, I came to the conclusion that this denture looks bad. I still have a lowered bite (previously I tried to adjust my mouth with exercises) and drooping corners. At night, the lower prosthesis falls out. It creates a problem when I am singing (bad diction). I filed a complaint again in writing, dated 04/09/2015, requesting a refund because of too much nuisance (I avoid people, my prosthesis knocks when eating a meal, I look bad, my chin protrudes forward, the corners of my mouth are sagging, the bottom one falls out at night). One year has passed since the implementation of the prosthesis on April 24, 2015. What is my legal situation? It is also about what the guarantee is for the private manufacture of the prosthesis. The dentist works in a clinic where services are provided by the National He alth Fund.
The guarantee is granted by the dentist submitting a guarantee statement for the dental service, which defines the obligations of the dentist and the patient's rights in the event that the item (dentures) does not have the properties specified in this statement. The dentist's warranty statement may be included in the advertisement. The dentist's obligations may include, in particular, reimbursement of the price paid, replacement of the prosthesis with its assembly, or its repair and provision of other services. If a guarantee as to the quality of the dentures has been granted, it is understood in case of doubt that the dentist is obliged to remove the physical defect of the dentures or to deliver a new one, free from defects, as long as these defects are revealed within the period specified in the guarantee declaration. Unless otherwise stipulated, the warranty period is two years from the date on which the prosthesis was installed. The guarantor (dentist) makes the guarantee statement in a clear and understandable way.
Important: 1. The guarantor ensures the efficient operation of the subject of sale for a period of 24 months from the date of its issue. 2. The guarantor undertakes to remove the physical defects free of charge if the defects are revealed within 24 months from the date of its issue or to deliver the defect-free item of sale. Buyersa defect-free item of sale may be requested if at least 4 repairs have been made within the warranty period, and the item of sale is still defective. 3. The liability under the warranty covers only defects arising from causes inherent in the subject of sale. 4. In the event of defects, the buyer will deliver the subject of sale at the guarantor's expense to the service point. 5. The guarantor undertakes to perform the obligations resulting from this guarantee within 14 days from the date of delivery of the subject of sale. 6. The guarantor shall bear the risk of accidental loss or damage to the subject of sale from the date of its delivery to the guarantor to the date of its receipt by the buyer. 7. The warranty does not cover: mechanical damage caused by the buyer, damage and defects resulting from the use and storage of the prosthesis contrary to the operating instructions, repairs undertaken by the buyer on his own. 8. The warranty is valid in Poland. 9. The warranty does not exclude, limit or suspend the rights of the buyer resulting from the non-compliance of the dentures with the contract.
Remember that our expert's answer is informative and will not replace a visit to the doctor.
Przemysław GogojewiczIndependent legal expert specializing in medical matters.
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