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warranty rights

 

finestvinyl.de warranty rights

The legal regulations regarding warranty rights have been limited by our Terms and Conditions.

An excerpt from our Terms and Conditions: 

9. Warranty and Limitations of Liability

9.1       finestvinyl is liable for defects in the delivered goods or services under the relevant statutory provisions of the German Civil Code (BGB) and the German Commercial Code (HGB), taking into account the following provisions.

9.2       Regarding textile and printed goods the following limitation of liability applies:

Potential slight derivations in colour between pictures and delivered products are of a technical nature and do not constitute a defect. We cannot take any liability for defects arising from a failure to follow the washing instructions. Textiles must be washed and dried according to the washing instructions before wearing them for the first time.

9.3       Insofar as not otherwise agreed, the statutory warranty period of 24 months shall apply. If you are an entrepreneur the warranty period for goods delivered by finestvinyl shall be 12 months. 

9.4       You are obligated to allow an inspection of the defective goods through finestvinyl.

As an entrepreneur you are legally entitled to demand a cure in the form of a remediation of a defect or the supply of the goods free of defects. In the case of a failure to comply with the cure you are entitled to reduce the price of the goods in question or to cancel the contract. The provision for any kind of statutory warranty rights is the compliance inspection and complaint procedures as detailed in §377 Commercial Code (HGB).

As a consumer you are free to choose between the warranty through cure (remediation of defects or supply of defect free goods), the  cancelation of the contract or the reduction of the price. Once you decide on the type of warranty you have to specify a reasonable period of time, insofar as that is not made legally redundant. We are entitled to refuse the chosen cure if this cure is possible only at disproportionate expense  or if the supply with defect free goods should not be possible.

9.5       There is no warranty for defects occurring through regular use and improper handling.

We shall cover the costs for the return of rightfully rejected goods. The delivery costs for a replacement shipment are also being borne by us.

9.6       There is no right of compensation. Exempted are damage claims connected to the injury of life, body or health or to the breach of contract as well as the liability for damages arising from an intentional or grossly negligent breach by us. Substantial contractual obligations are defined as those obligations that are necessary for the fulfillment of the contract. Upon breach of contract we are only liable for those damages typical for the contract and foreseeable damages arising from negligence unless there are claims arising from injury of life, body or life.

9.7      There is also no liability for permanent and uninterrupted availability of our webshop. The limitations as set out above are effective for  our legarepresentatives or vicarious agents insofar as they are the subject to any claims.