Warranty & Complaints

1. Statutory warranty rights

The statutory warranty rights apply to all goods purchased from Femkit. This information explains the legal regulations and does not limit your statutory rights.

The statutory warranty must be distinguished from a voluntary guarantee. Unless expressly stated otherwise, no additional durability guarantee is provided beyond the statutory warranty rights.

2. Prerequisite for a warranty claim

A warranty claim exists if the goods do not meet the statutory requirements at the time of delivery, thus constituting a material defect.

A material defect may, in particular, be based on a material, manufacturing, or processing fault. The decisive factor is whether the goods were defective at the time of delivery or whether the cause of a later occurring defect was already present at that time.

Whether a material defect exists is assessed in the event of a complaint, taking into account the respective article, the nature of the damage, and the legal requirements.

3. No warranty case for subsequently caused damage

The statutory warranty is not a general durability guarantee and, in particular, does not cover damage caused after delivery by normal wear and tear, usage-related wear, or improper use or handling of the goods.

Depending on the cause of the respective damage, this may include in particular:

• • • natural and usage-related wear and tear,
    • material abrasion due to mechanical stress or friction,
    • damage due to external influences,
    • improper use or handling,
    • damage resulting from a failure to observe the care instructions provided on the item, and
    • damage due to washing, cleaning, or drying not suitable for the item.

The presence of such occurrences does not, however, automatically exclude a warranty claim. The cause of the specific damage is always the deciding factor.

4. Care instructions

Please observe the care instructions provided on the respective item.

Damage caused after delivery of the goods by washing, drying, cleaning, or other handling that deviates from these care instructions does not constitute a material defect for which we are liable.

If there is doubt in an individual case regarding the cause of damage, the article in question will be examined in accordance with legal requirements.

5. Statutory warranty period

The limitation period for statutory claims for defects for new goods is generally two years from delivery of the goods.

Legally deviating regulations may apply to certain cases.

6. Burden of proof within the first twelve months

If a condition of the goods that deviates from the statutory requirements becomes apparent within one year of the transfer of risk, it is generally presumed pursuant to Section 477 of the German Civil Code (BGB) that the goods were already defective at the time of the transfer of risk, unless this presumption is incompatible with the nature of the goods or the defective condition.

This legal presumption applies regardless of the general two-year limitation period for claims for defects.

After this period expires, the general legal rules regarding the burden of proof apply.

7. Examination of a complaint

To examine a complaint, we ask you to describe the identified defect as precisely as possible and to provide representative photos of the item and the affected area.

Depending on the nature of the damage, it may be necessary for the goods to be made available to us for examination.

The examination serves primarily to determine whether a material defect exists or whether the damage is attributable to factors such as usage-related wear, mechanical impact, improper handling, or another cause that arose only after delivery.

8. Supplementary performance for a material defect

If a material defect exists, you are entitled to the statutory rights for supplementary performance.

Within the scope of the statutory requirements, you can generally choose between the rectification of the defect (repair) and the delivery of a defect-free item (replacement).

We shall bear the expenses required for the purpose of statutory supplementary performance, in particular transport, labor, and material costs.

Supplementary performance will take place within a reasonable period and without significant inconvenience to you.

9. Limited edition items and fabrics no longer available

Many of our items are produced in limited quantities and partly from fabrics with limited availability. Therefore, it may occur that an identical item, the required size, or the originally used fabric is no longer available.

The statutory warranty rights remain unaffected by this.

If a replacement is truly not possible, we will check whether a professional repair is feasible.

Furthermore, a chosen type of supplementary performance can only be refused under the respective legal requirements, particularly in the event of impossibility or disproportionate costs.

10. Information prior to supplementary performance

Before we carry out supplementary performance, we will inform you in accordance with legal provisions about your fundamental right to choose between repair and replacement.

If you choose to have a repair performed for a sales contract covered by this under the statutory warranty, the original limitation period for claims for defects is extended once by twelve months.

This extension does not constitute an additional durability guarantee and, in particular, does not change the fact that warranty rights presuppose a material defect.

11. If supplementary performance is not possible or fails

If supplementary performance is not possible according to statutory regulations, is justifiably refused, does not take place properly, or if other legally provided conditions exist, you are entitled to further statutory rights for defects.

This may include, in particular, a reduction of the purchase price or withdrawal from the sales contract. Any statutory claims for damages remain unaffected.

12. Goodwill services

Voluntary services outside the scope of the statutory warranty – for example, a voluntary repair of damage caused by usage – are provided as a gesture of goodwill unless expressly agreed otherwise.

Such a gesture of goodwill does not, in particular, constitute an acknowledgement of a material defect or a statutory warranty claim.

13. Submitting a complaint

If you discover a potential defect in your Femkit, please contact our customer service at service[at]femkit.de.

If possible, please provide us with the following information:

· Order number or other proof of purchase,

· Description of the item,

· Description of the identified defect,

· Time when the defect was first identified,

· Photo of the entire item, and

· representative detail shots of the affected area.

If required for assessment, we will subsequently ask you to make the item available to us for examination.

14. Statutory rights remain unaffected

The preceding notes serve as transparent information regarding the processing of complaints at Femkit.

Your mandatory statutory warranty and consumer rights are neither excluded nor limited by these notes.