WOW Tech Europe GmbH provides consumers with a voluntary manufacturer's warranty for Womanizer products in addition to the statutory warranty to which the consumer is entitled with regards to his seller.
1. Warranty declaration
WOW Tech Europe GmbH (hereinafter "Manufacturer") warrantys the consumer and customer (hereinafter "Customer") that the products of the "Womanizer" brand (hereinafter "Products") are of perfect quality. The products are in perfect condition if they don't have material, manufacturing and design defects. Decisive factor for determining whether there is a material, manufacturing or design defect is the state of the art at the time of manufacture. If the product is not have a flawless quality, this will trigger the warranty claim, unless otherwise specified below.
The warranty does not cover
• minor errors. A defect is minor if it does not affect the utility value of the product;
• Wear parts, e.g. seals;
• Consumable materials, e.g. batteries and/or charging cables
• as well as exhibition products.
A warranty claim does not exist, in particular, if the fault is due to:
• normal wear and tear or intentional damage,
• force majeure or natural disasters, such as floods, fires or frost damage,
• improper use, in particular failure to comply with the supplied operating instructions,
• improper commissioning,
• use of the product for an unintended purpose,
• repair attempts by a third party,
• aggressive chemicals and/or cleaning agents,
• the installation, transport or trial operation of the product.
2. Warranty period
The warranty declaration is valid for a period of 24 months from the first delivery of the product to the customer, but for a maximum period of two years after manufacture (warranty period). The warranty period is not extended due to the provision of services within the scope of this warranty (see 3.). In such cases, the warranty period shall not start afresh. The warranty period shall start afresh if the seller has already replaced the product within the framework of the warranty under sales law.
3. Benefits in the event of a warranty claim
In the event of a warranty claim, the manufacturer exchanges the product concerned for a new product or reimburses the customer for the purchase price. The manufacturer has a choice between replacing the product and refunding the purchase price.
If the manufacturer chooses to replace the product, the old product is replaced by a new product of the same kind, same quality and same type. If the product type in question is no longer manufactured at the time the fault is reported, the manufacturer is entitled to supply a comparable product. The transport, travel, labour and material costs necessary for the replacement shall be borne by the manufacturer.
If the manufacturer chooses to reimburse the purchase price, he shall confirm this in writing to the customer. The purchase price is refunded step by step against return of the product concerned to the manufacturer.
On the basis of the warranted deceleration, no further services of the manufacturer are provided to the customer (e.g. the payment of damages).
4. Fault indication
The rights under this warranty can be asserted by the customer to the manufacturer or dealer from whom the customer purchased the product (seller) by reporting a defect within the warranty period. The fault indication must at least be in text form (e.g. e-mail). It is also a prerequisite that the customer reports the fault within two months after it has been or should have been detected. The customer is responsible for proving that the notification was made within the warranty period. Proof can be provided, for example, by presenting the proof of purchase.
In as much as the date of manufacture is a decisive factor for the calculation of the warranty period, the manufacturer shall provide corresponding information on the basis of the respective product identification (e.g. on the basis of serial or batch numbers).
5. Legal rights
In addition to the rights arising from the warranty, the consumer is also entitled to statutory rights. The warranty does not restrict the statutory rights of the customer against the manufacturer (e.g. according to the ProdHaftG (Product Liability Law)), nor the statutory rights of the customer against his seller (e.g. the warranty rights).
6. Spatial and time-related scope of validity
The warranty declaration applies to all products that have been handed over to a customer by the seller in a member state of the European Union, Switzerland, Norway and Iceland since 1 January 2018. The date in the proof of purchase is decisive.
Place of Performance, Jurisdiction, and Applicable Law
This warranty shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980. Place of performance for the obligations under this warranty is Berlin, Germany.