(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the German Sales Act (Art. 433 et seq. BGB).
(2) If you are a consumer within the meaning of Art. 13 BGB, the liability period for warranty claims for used items – deviating from the statutory provisions – is one year. This limitation does not apply to claims based on damages resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) Otherwise, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to Art. 438 para. 1 no. 3 BGB.
(4) If you are an entrepreneur within the meaning of Art. 14 BGB, the statutory provisions shall apply with the following modifications:
- Only our own information and the manufacturer’s product description are binding for the quality of the goods, but not public praise and statements or other advertising by the manufacturer.
- You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered later from the time of discovery. The assertion of warranty claims is excluded in the event of violation of the obligation to inspect and give notice of defects.
- In the event of defects, we shall, at our discretion, provide a warranty by repair or replacement (subsequent performance). In the event of repair, we do not have to bear the increased costs arising from the transport of the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
- If the subsequent performance fails twice, you can demand a reduction of the purchase price or withdraw from the contract at your discretion.
- The warranty period is one year from delivery of the goods.
The products offered in this shop are covered by a manufacturer warranty. Further information and notes on the warranty are given below.
The manufacturer (MS kajak7 UG, Rueckertweg 8, 74182 Obersulm, Germany) grants 2 years warranty on the goods advertised with the warranty promise. The period for calculating the warranty period begins with the invoice date. Geographically, manufacturer's warranty extends to the Federal Republic of Germany. If material or manufacturing defects occur during this period, the manufacturer, as the warrantor, grants one of the following warranty services at his discretion:
- free repair of the product or
- free exchange of the product against an equivalent item (if necessary also a follow-up model, if the original product is no longer available).
In the event of a warranty claim, please contact the warrantor:
MS kajak7 UG
74182 Obersulm (Germany)
Email address: firstname.lastname@example.org
Phone: +49 7130 4057299
Warranty claims are excluded for damage to the goods by:
- Improper use
- Environmental influences (humidity, heat, overvoltage, dust etc.)
- Failure to observe any safety precautions
- Failure to observe the operating instructions
- Use of force (e.g. impact, shock, fall)
- Unauthorized attempts at repair
- Normal wear
Performance of a warranty service presupposes that the warrantor is sent the goods in order to be able to check the warranty case. Appropriate packaging must be used to prevent damage during transport.
You must enclose a copy of the original invoice with the shipment in order to be eligible for warranty services. The manufacturer may refuse to perform warranty services if the invoice is not enclosed with the defective product. A copy of the invoice is required to determine the warranty period. Furthermore, you must provide the name and address of the seller, unless this is stated in the enclosed copy of the invoice.
If the warranty claim is justified, the warrantor will bear the related shipping costs. Any shipping costs paid by you will be reimbursed by the warrantor.
Your legal rights are not limited by this warranty promise. In particular, any existing statutory warranty rights towards us shall remain unaffected by this warranty promise.