guarantee
II. Warranty Conditions
Note regarding consumer protection laws:
The following warranty is a voluntary warranty. It grants additional rights independent of the rights granted by consumer protection laws. These statutory rights are not limited by this warranty. The warranty is therefore a supplement to, and not a replacement for, the rights granted by consumer protection laws. If a product is defective, consumers may, in particular, assert the rights under Sections 434 et seq. and 474 et seq. of the German Civil Code (BGB). Exercising these statutory rights is free of charge. The warranty terms do not apply to claims based on statutory consumer protection rights.
§ 1 Scope
Clearlight Saunas Europe GmbH, C/O LPA-GGV, Herrengraben 3, 20459 Hamburg, Germany (hereinafter referred to as "Seller," "Helsi," "Clearlight," or "We") guarantees to the end customer (hereinafter referred to as "Customer" or "You"), in accordance with the following provisions, that the products and accessories listed below in Section 2 (hereinafter referred to as "Products") will be free from defects in materials or workmanship within the periods specified in Section 2 from the date of delivery to the Customer (Warranty Period). The Seller will remedy any defects at its sole discretion by repair, replacement of defective parts, or replacement of the product (hereinafter referred to as "Warranty Service"). The Warranty applies only to Products that the Customer has purchased from the Seller as the original purchaser in Germany.
§ 2 Products and Warranty Periods
(1)
|
product |
Warranty period for consumers |
Warranty period for companies |
- Helsi Go - Helsi Mini - Helsi Plus - Helsi Pro - Helsi Max
|
3 years |
3 years |
|
Factory-supplied power supply |
3 years |
2 years |
|
2 years |
1 year |
|
2 years |
2 years |
A customer is a consumer if they conclude a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. In contrast, an entrepreneur is any natural or legal person or legally capable partnership that, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
(2) The warranty period begins upon delivery to the customer.
§ 3 Scope of the Guarantee and Limitations
(1) The seller guarantees to the customer during the respective warranty period that the products are free from defects in materials and workmanship.
(2) Warranty coverage is void for defects resulting from improper connection, incorrect handling or transport, unsuitable location, repairs or modifications by unauthorized persons, or failure to follow the operating instructions. In particular, the warranty is also void if the seller's operating or maintenance instructions are not followed or unsuitable care products are used. Furthermore, this warranty does not apply to defects caused by force majeure or environmental factors, nor to normal wear and tear.
(3) This guarantee does not apply to display models unless the seller has expressly agreed to this in writing at the time of purchase.
(4) Also not covered by this warranty are components, parts and accessories not supplied by the manufacturer, unless the seller expressly guarantees a separate fixed warranty period for these parts in the final cost estimate or invoice.
(5) The performance of warranty services does not extend or restart the warranty period. Replaced parts become the property of the seller.
(6) For the products mentioned in Section 2, there are no warranties other than those expressly set out in these warranty conditions.
(7) The warranty does not cover claims for compensation for indirect damages: e.g., damages resulting from loss of time, inconvenience, or other consequential damages suffered by you or a third party due to the defect covered by the warranty. The same applies to claims for replacement or damages exceeding the warranty service.
(8) The warranty does not cover:
(a) Labor, transport or other costs incurred as a result of replacing the original product and/or putting a replacement product into service;
(b) all costs incurred in connection with the preparation for obtaining repair work (e.g., time spent accessing the back of the product for technical repair);
(c) Damages resulting from loss of use, including loss of revenue, profit or business benefits of any kind.
§ 4 Transferability of the Guarantee
The warranty is not transferable without the prior written consent of the seller. This applies in particular to the resale of the product.
§ 5 Existence of a warranty claim and its notification
(1) The seller shall provide the warranty service if the defect in the product is covered by the warranty and this defect occurred or was discovered within the warranty period.
(2) Warranty claims must be made as soon as possible, but no later than two months after discovery of the defect.
(3) To make a warranty claim, please contact the seller at
Clearlight Saunas Europe GmbH
C/O LPA-GGV
Herrengraben 3
20459 Hamburg
Germany
Phone: +49 (0) 40 4011 0120 or by email to support@helsi.life
Call or write to us. Describe the problem and provide us with a dated proof of purchase for the product. We will inform you how to obtain a replacement and where to return the defective products at your own expense.
§ 6 Transport costs in case of warranty
(1) The seller shall bear the cost of sending in the defective product if on-site repair is not possible. However, the seller shall carry out the repair, as they possess the necessary technical expertise.
(2) The seller will only cover shipping and handling fees for returning the repaired or replaced product to the customer if a warranty claim is valid. If a warranty claim is not valid, the customer is obligated to bear these fees.
§ 7 Liability
(1) The seller shall be liable to the customer in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In all other cases, the seller shall be liable – unless otherwise provided in paragraph 3 – only for breach of a contractual obligation, the fulfillment of which is essential for the proper performance of the contract (cardinal obligation), and then only to the extent of foreseeable and typical damages. In all other cases, liability is excluded, subject to the provisions of paragraph 3.
(3) Liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the foregoing limitations and exclusions of liability.
§ 8 Final Provisions
(1) This warranty is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer, as a consumer, has his or her habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller shall be the seller's place of business.
