Warranty & Complaints

1. Statutory Warranty Rights

All goods purchased from Femkit are subject to statutory warranty rights. This information explains the legal provisions and does not limit your statutory rights.

Statutory warranty is to be distinguished from a voluntary guarantee. Unless expressly stated otherwise, no additional durability guarantee is assumed beyond the statutory warranty rights.

2. Prerequisites for a Warranty Claim

A warranty claim exists if the goods do not meet the legal requirements upon delivery and therefore have a material defect.

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

Whether a material defect exists will be assessed in the event of a complaint, taking into account the respective item, the type of damage, and the legal requirements.

3. No Warranty Claim 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 or use-related wear and tear, or by improper use or handling of the goods.

This may include – depending on the cause of the respective damage – in particular:

·         natural and use-related wear and tear,

·         material abrasion due to mechanical stress or friction,

·         damage due to external influences,

·         improper use or handling,

·         damage resulting from non-observance of the care instructions on the item, and

·         damage caused by washing, cleaning, or drying not suitable for the item.

However, the presence of such phenomena does not generally exclude a warranty claim. The cause of the specific damage is always decisive.

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 treatment deviating from these care instructions does not constitute a material defect for which we are responsible.

If there are doubts about the cause of damage in individual cases, the item concerned 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 the delivery of the goods.

Different legal regulations may apply in certain cases.

6. Burden of Proof within the First Twelve Months

If a condition of the goods that deviates from legal requirements becomes apparent within one year of the transfer of risk, it is generally presumed, in accordance with § 477 BGB (German Civil Code), 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 irrespective of the generally two-year limitation period for claims for defects.

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

7. Review of a Complaint

To review a complaint, we ask you to describe the detected defect as precisely as possible and to provide meaningful photos of the item and the affected area.

Depending on the type of damage, it may be necessary to make the goods available to us for inspection.

The inspection primarily serves to determine whether a material defect exists or whether the damage is due, for example, to use-related wear and tear, mechanical impact, improper handling, or another cause that arose only after delivery.

8. Subsequent Performance for a Material Defect

If there is a material defect, you are entitled to the statutory rights to subsequent performance.

Within the framework of statutory requirements, you can generally choose between remedying the defect (repair) and delivering an item free of defects (replacement).

We bear the expenses necessary for statutory subsequent performance, in particular the necessary transport, labor, and material costs.

Subsequent performance will be carried out within a reasonable period and without significant inconvenience to you.

9. Limited Items and Unavailable Fabrics

Many of our items are produced in limited quantities and partly from fabrics that are only available in limited amounts. Therefore, it may happen 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 actually not possible, we will check whether a professional repair is feasible.

Furthermore, a chosen type of subsequent performance can only be refused under the respective legal conditions, especially in cases of impossibility or disproportionate costs.

10. Information Before Subsequent Performance

Before we carry out subsequent performance, we will inform you, in accordance with legal provisions, about your fundamental right of choice between repair and replacement.

If, in the case of a purchase contract covered by this, you opt for a repair within the framework of the statutory warranty, the original limitation period for claims for defects will be 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 require a material defect.

11. If Subsequent Performance is Not Possible or Fails

If subsequent performance is not possible under legal provisions, is justifiably refused, is not carried out properly, or if other legally stipulated conditions exist, you are entitled to further statutory rights for defects.

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

12. Goodwill Services

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

Such a goodwill service does not constitute an acknowledgment of a material defect or a statutory warranty claim.

13. Submitting a Complaint

If you detect a possible defect in your Femkit item, please contact our customer service at service[at]femkit.de.

Please provide us with the following information, if possible:

·         order number or other proof of purchase,

·         description of the item,

·         description of the detected defect,

·         time when the defect was first noticed,

·         photo of the entire item, and

·         meaningful detailed photos of the affected area.

If necessary for assessment, we will then ask you to provide us with the item for inspection.

14. Statutory Rights Remain Unaffected

The above information serves to transparently inform about the processing of complaints at Femkit.

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