Warranty conditions
to the “FLSK Lifetime Guarantee”
FLSK Products GmbH, Gmunder Str. 35a, 81379 Munich, Germany (“FLSK”) offers its end customers a voluntary, personal, lifelong manufacturer’s guarantee for certain stainless steel products (see section 2.2 below) in accordance with the following guarantee terms and conditions.
1.1. The FLSK Lifetime Guarantee is a voluntary guarantee from FLSK (hereinafter also referred to as “guarantee”). It grants its end customers additional rights independent of the statutory warranty rights.
Any statutory rights of the end customer, in particular applicable consumer protection rights and warranty claims, are neither affected, changed nor replaced by the FLSK Lifetime Guarantee, but merely supplemented.
1.2. It is the free and sole decision of the end customer whether he asserts claims based on the statutory warranty rights against his seller or based on the FLSK Lifetime Guarantee against FLSK.
2.1. The FLSK Lifetime Guarantee applies exclusively to end customers. End customers within the meaning of these guarantee provisions are consumers residing in the European Union, Switzerland and Norway.
2.2. The FLSK Lifetime Guarantee applies exclusively to stainless steel products of the following series:
FLSK CUP coffee mug
FLSK Bottle drinking bottle
(hereinafter “Guaranteed Product” or “Guaranteed Products”).
Components or accessories of a guaranteed product that are not made entirely of stainless steel, such as plastic lids or seals, are not covered by this guarantee.
2.3. This warranty only covers those warranty products that (i) have been newly purchased by an end customer from FLSK or through an intermediary for their own private use, (ii) have been purchased in the end customer’s country of residence in the European Union, Switzerland or Norway, and (iii) are the property of the end customer.
3.1. FLSK hereby guarantees the end customer in accordance with these warranty provisions that each warranty product is free from
Material defects,
manufacturing defects and
Design defects
(each a “Warranty Defect”).
3.2. The guarantee promise in section 3.1 is based on the state of the art in science and technology at the time of production of the respective guaranteed product. Loss, theft or damage caused by force are not covered.
3.3. The guarantee includes the free replacement of the affected guarantee product.
4.1. The warranty period begins with the purchase of the new warranty product and its timely registration by the end customer in accordance with section 4.2 below and ends with the death of the end customer, provided that no loss of warranty has occurred beforehand.
4.2. The end customer shall only be entitled to rights under this guarantee if he registers the relevant guaranteed product in accordance with the following provisions:
i) After purchasing the Guaranteed Product, the End Customer has the Guaranteed Product on the website
www.flsk.de/pages/garantie within
3 months
This is an exclusion period, so that after its expiry, rights from the FLSK Lifetime Guarantee can no longer be established with regard to the relevant guaranteed product. Any statutory rights of the end customer or any other guarantee claims remain unaffected.
ii) As part of the registration, the end customer must provide truthful information about first name, last name, address, email address, lot number, date of purchase and type of purchase. After successfully providing the above data and documents, the end customer will be sent a generated guarantee certificate by email. The end customer must keep this carefully. If registration via flsk.de is not an option, the end customer can also request the guarantee certificate in writing from FLSK Products GmbH (hallo@flsk.de, Gmunder Str. 35a, 81379 Munich, Germany) by providing or submitting the above data and documents. If the above requirements are met, FLSK will create a guarantee certificate and send it to the end customer by email.
4.3. The rights under this guarantee are neither inheritable nor transferable. In particular, the rights under this guarantee are not transferred to third parties upon sale or other transfer of the guaranteed product. The guarantee expires upon loss of ownership of the guaranteed product or upon the death of the end customer.
5.1. FLSK points out that cleaning the warranty products can lead to surface wear over time. These phenomena and other normal wear and tear do not constitute a warranty claim under this warranty unless they are due to a warranty defect. The same applies to surface changes, deposits and dirt marks (in particular in the lid area) that are due to normal aging, use and usual cleaning of the guaranteed product or represent minor deviations from the intended condition that are irrelevant to the value and usability of the guaranteed product. The magnetic effect of magnetized products is also excluded, as this will diminish over time.
5.2. Claims under this guarantee are excluded if
i) the defect is based in whole or in part on repair attempts that were not agreed with FLSK in advance or were carried out improperly;
ii) the defect is due to incorrect handling or use, in particular failure to follow the care instructions, negligence, carelessness, abusive, improper or incorrect use (e.g. fire, chemicals, force or impact);
iii) the defect was caused in whole or in part by intentional or negligent damage by the end customer or a third party;
iv) the fault is due to the fact that the maintenance or repairs were not carried out professionally or that other than FLSK spare parts were used for the repair or maintenance; or
v) the defect was caused directly or indirectly by force majeure or another unforeseeable event (e.g. earthquake, fire).
5.3. Further claims, in particular for damages or Claims for reimbursement of expenses are excluded unless FLSK is liable for them due to mandatory legal regulations. This also applies to possible breaches of duty by representatives or vicarious agents of FLSK.
6.1. If the product has a warranty defect contrary to the warranty promise in accordance with section 4.1, the end customer must assert his warranty claim against FLSK immediately after discovering the defect, but no later than within one month, in writing by email to hallo@flsk.de.
6.2 The warranty claim must contain the following information and documents: name and address of the end customer, purchase of the Warranty product, telephone number, email address (if available), copy/scan of the warranty certificate, and description of the warranty defect.
6.3. If a warranty defect exists and these warranty provisions are observed, FLSK will, at its own discretion, remedy the defect by repairing or replacing the defective warranty product with a new product of the same type and quality or refund the purchase price upon return of the warranty product.
If the defective warranty product is no longer manufactured at the time of the claim, FLSK reserves the right to supply an equivalent product. After an exchange, the defective warranty product becomes the property of FLSK. Any accompanying and subsequent costs are not covered by this guarantee.
7.1. The personal data that FLSK receives from the end customer for processing the warranty claim will be stored, processed or used exclusively for the processing of the associated services. If necessary for processing, the data will also be passed on to companies associated with FLSK or third parties (e.g. transport or logistics companies). They will neither be passed on to other third-party companies nor used for any other advertising purposes.
7.2 The law of the Federal Republic of Germany applies, excluding the conflict of laws rules (private international law) and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
7.3 The place of performance in all warranty cases is Munich (Germany), even if deliveries are made at another location.
7.4. If a provision of these guarantee terms is or becomes invalid or unenforceable in whole or in part, or if there is a gap in this guarantee, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, the valid or enforceable provision shall be deemed to have been agreed which comes closest to the purpose of the invalid or unenforceable provision. In the event of a gap, the provision shall be deemed to have been agreed which corresponds to what would have been agreed in accordance with the purpose of this guarantee.
Status: 14.08.2024 (v2)
1. Consumer protection rights
1.1. The FLSK Lifetime Guarantee is a voluntary guarantee from FLSK (hereinafter also referred to as “guarantee”). It grants its end customers additional rights independent of the statutory warranty rights.
Any statutory rights of the end customer, in particular applicable consumer protection rights and warranty claims, are neither affected, changed nor replaced by the FLSK Lifetime Guarantee, but merely supplemented.
1.2. It is the free and sole decision of the end customer whether he asserts claims based on the statutory warranty rights against his seller or based on the FLSK Lifetime Guarantee against FLSK.
2. Warranty Protection: Covered Customers and Products
2.1. The FLSK Lifetime Guarantee applies exclusively to end customers. End customers within the meaning of these guarantee provisions are consumers residing in the European Union, Switzerland and Norway.
2.2. The FLSK Lifetime Guarantee applies exclusively to stainless steel products of the following series:
FLSK CUP coffee mug
FLSK Bottle drinking bottle
(hereinafter “Guaranteed Product” or “Guaranteed Products”).
Components or accessories of a guaranteed product that are not made entirely of stainless steel, such as plastic lids or seals, are not covered by this guarantee.
2.3. This warranty only covers those warranty products that (i) have been newly purchased by an end customer from FLSK or through an intermediary for their own private use, (ii) have been purchased in the end customer’s country of residence in the European Union, Switzerland or Norway, and (iii) are the property of the end customer.
3. Guarantee promise
3.1. FLSK hereby guarantees the end customer in accordance with these warranty provisions that each warranty product is free from
Material defects,
manufacturing defects and
Design defects
(each a “Warranty Defect”).
3.2. The guarantee promise in section 3.1 is based on the state of the art in science and technology at the time of production of the respective guaranteed product. Loss, theft or damage caused by force are not covered.
3.3. The guarantee includes the free replacement of the affected guarantee product.
4. Warranty period, registration and exclusion period
4.1. The warranty period begins with the purchase of the new warranty product and its timely registration by the end customer in accordance with section 4.2 below and ends with the death of the end customer, provided that no loss of warranty has occurred beforehand.
4.2. The end customer shall only be entitled to rights under this guarantee if he registers the relevant guaranteed product in accordance with the following provisions:
i) After purchasing the Guaranteed Product, the End Customer has the Guaranteed Product on the website
www.flsk.de/pages/garantie within
3 months
This is an exclusion period, so that after its expiry, rights from the FLSK Lifetime Guarantee can no longer be established with regard to the relevant guaranteed product. Any statutory rights of the end customer or any other guarantee claims remain unaffected.
ii) As part of the registration, the end customer must provide truthful information about first name, last name, address, email address, lot number, date of purchase and type of purchase. After successfully providing the above data and documents, the end customer will be sent a generated guarantee certificate by email. The end customer must keep this carefully. If registration via flsk.de is not an option, the end customer can also request the guarantee certificate in writing from FLSK Products GmbH (hallo@flsk.de, Gmunder Str. 35a, 81379 Munich, Germany) by providing or submitting the above data and documents. If the above requirements are met, FLSK will create a guarantee certificate and send it to the end customer by email.
4.3. The rights under this guarantee are neither inheritable nor transferable. In particular, the rights under this guarantee are not transferred to third parties upon sale or other transfer of the guaranteed product. The guarantee expires upon loss of ownership of the guaranteed product or upon the death of the end customer.
5. Exclusion of warranty
5.1. FLSK points out that cleaning the warranty products can lead to surface wear over time. These phenomena and other normal wear and tear do not constitute a warranty claim under this warranty unless they are due to a warranty defect. The same applies to surface changes, deposits and dirt marks (in particular in the lid area) that are due to normal aging, use and usual cleaning of the guaranteed product or represent minor deviations from the intended condition that are irrelevant to the value and usability of the guaranteed product. The magnetic effect of magnetized products is also excluded, as this will diminish over time.
5.2. Claims under this guarantee are excluded if
i) the defect is based in whole or in part on repair attempts that were not agreed with FLSK in advance or were carried out improperly;
ii) the defect is due to incorrect handling or use, in particular failure to follow the care instructions, negligence, carelessness, abusive, improper or incorrect use (e.g. fire, chemicals, force or impact);
iii) the defect was caused in whole or in part by intentional or negligent damage by the end customer or a third party;
iv) the fault is due to the fact that the maintenance or repairs were not carried out professionally or that other than FLSK spare parts were used for the repair or maintenance; or
v) the defect was caused directly or indirectly by force majeure or another unforeseeable event (e.g. earthquake, fire).
5.3. Further claims, in particular for damages or Claims for reimbursement of expenses are excluded unless FLSK is liable for them due to mandatory legal regulations. This also applies to possible breaches of duty by representatives or vicarious agents of FLSK.
6. Enforcement of the guarantee
6.1. If the product has a warranty defect contrary to the warranty promise in accordance with section 4.1, the end customer must assert his warranty claim against FLSK immediately after discovering the defect, but no later than within one month, in writing by email to hallo@flsk.de.
6.2 The warranty claim must contain the following information and documents: name and address of the end customer, purchase of the Warranty product, telephone number, email address (if available), copy/scan of the warranty certificate, and description of the warranty defect.
6.3. If a warranty defect exists and these warranty provisions are observed, FLSK will, at its own discretion, remedy the defect by repairing or replacing the defective warranty product with a new product of the same type and quality or refund the purchase price upon return of the warranty product.
If the defective warranty product is no longer manufactured at the time of the claim, FLSK reserves the right to supply an equivalent product. After an exchange, the defective warranty product becomes the property of FLSK. Any accompanying and subsequent costs are not covered by this guarantee.
7. Final provisions
7.1. The personal data that FLSK receives from the end customer for processing the warranty claim will be stored, processed or used exclusively for the processing of the associated services. If necessary for processing, the data will also be passed on to companies associated with FLSK or third parties (e.g. transport or logistics companies). They will neither be passed on to other third-party companies nor used for any other advertising purposes.
7.2 The law of the Federal Republic of Germany applies, excluding the conflict of laws rules (private international law) and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
7.3 The place of performance in all warranty cases is Munich (Germany), even if deliveries are made at another location.
7.4. If a provision of these guarantee terms is or becomes invalid or unenforceable in whole or in part, or if there is a gap in this guarantee, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, the valid or enforceable provision shall be deemed to have been agreed which comes closest to the purpose of the invalid or unenforceable provision. In the event of a gap, the provision shall be deemed to have been agreed which corresponds to what would have been agreed in accordance with the purpose of this guarantee.
Status: 14.08.2024 (v2)