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 provisions.
1.1. The FLSK Lifetime Guarantee is a voluntary guarantee from FLSK (hereinafter also “guarantee”). It grants its end customers additional rights independent of the statutory warranty rights.
Any legal rights of the end customer, in particular applicable consumer protection rights and warranty claims for defects, are neither affected, changed nor replaced by the FLSK Lifetime Guarantee, but are merely supplemented.
1.2. It is the free and sole decision of the end customer whether to assert claims against his seller under the statutory warranty rights or against FLSK under the FLSK Lifetime Guarantee.
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 from the following series:
FLSK CUP coffee mug
FLSK Bottle drinking bottle
(hereinafter “Guaranteed Product” or “Guaranteed Products”).
Components or accessories of a warranty product that are not made entirely of stainless steel, such as plastic lids or gaskets, are not covered by this warranty.
2.3. Only those warranty products are covered by this warranty that (i) an end customer has purchased new from FLSK or through an intermediary for their own private use, (ii) 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 to the end customer in accordance with these guarantee conditions that each guaranteed product is free of defects for the duration of the guarantee
material defects,
manufacturing defects and
design errors
(each is a “Warranty Defect”).
3.2. The state of science and technology at the time of production of the respective guaranteed product is decisive for the guarantee promise in Section 3.1. Loss, theft or damage caused by violence 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 previously occurred.
4.2. The end customer is only entitled to rights under this guarantee if he registers the relevant guaranteed product in accordance with the following regulations:
i) After purchasing the guaranteed product, the end customer has the guaranteed product on the website
www.flsk.de/pages/guarantee within
3 months
to register. This is an exclusion period, so that after its expiry, rights under the FLSK Lifetime Guarantee can no longer be established in relation to the guarantee product in question. Any legal rights of the end customer or any other warranty 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 successful communication of the above-mentioned data and documents, a generated guarantee certificate will be provided to the end customer by email. The end customer must store these 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 notifying or presenting the above-mentioned data and documents ) request. 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 arising from this guarantee do not pass to third parties with the sale or other transfer of the guaranteed product. The guarantee expires with the loss of ownership of the guaranteed product or the death of the end customer.
5.1. FLSK advises that cleaning the warranty products may cause 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 edges (especially 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.
5.2. Claims under this guarantee are excluded if
i) the error is based in whole or in part on repair attempts that were not coordinated with FLSK in advance or were carried out improperly;
ii) the defect is due to incorrect handling or use, in particular to failure to follow the care instructions, negligence, carelessness, misuse, improper or incorrect use (e.g. fire, chemicals, force and impact);
iii) the error was caused in whole or in part by intentional or negligent damage by the end customer or a third party;
iv) the error is due to the care or repairs not being carried out professionally or other than FLSK spare parts being used during the repair or maintenance; or
v) the error was caused directly or indirectly by force majeure or another unforeseeable event (e.g. earthquake, fire).
5.3. Further claims, in particular 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 guarantee promise in accordance with Section 4.1, the end customer must assert his warranty claim to FLSK immediately after discovering the defect, but no later than within one month, in writing by email to hallo@flsk.de.
6.2. The assertion of the warranty claim must contain the following information and documents: name and address of the end customer, purchase of the Guaranteed product, telephone number, email address (if available), copy/scan of the guarantee certificate, and description of the guarantee defect.
6.3. If there is a warranty defect and compliance with these warranty conditions, FLSK will, at its own discretion, correct it 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 deliver an equivalent product. After replacement, the defective warranty product becomes the property of FLSK. Any accompanying and follow-up costs are not covered by this guarantee.
7.1. The personal data that FLSK receives from the end customer for processing the warranty claim is stored, processed or used exclusively to process the associated services. If necessary for processing, the data will also be passed on to companies affiliated with FLSK or third parties (e.g. transport or logistics companies). They will neither be transmitted to other third-party companies nor used for other advertising purposes.
7.2. The law of the Federal Republic of Germany applies, excluding conflict of law 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 to another location.
7.4. Should a provision of these guarantee provisions be or become wholly or partially ineffective or unenforceable, or should there be a gap in this guarantee, this will not affect the validity of the remaining provisions. Instead of the ineffective or unenforceable provision, the effective or enforceable provision that comes closest to the purpose of the invalid or unenforceable provision is deemed to be agreed. In the event of a gap, the provision that corresponds to what would have been agreed according to the purpose of this guarantee will be deemed to have been agreed.
1. Consumer protection rights
1.1. The FLSK Lifetime Guarantee is a voluntary guarantee from FLSK (hereinafter also “guarantee”). It grants its end customers additional rights independent of the statutory warranty rights.
Any legal rights of the end customer, in particular applicable consumer protection rights and warranty claims for defects, are neither affected, changed nor replaced by the FLSK Lifetime Guarantee, but are merely supplemented.
1.2. It is the free and sole decision of the end customer whether to assert claims against his seller under the statutory warranty rights or against FLSK under the FLSK Lifetime Guarantee.
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 from the following series:
FLSK CUP coffee mug
FLSK Bottle drinking bottle
(hereinafter “Guaranteed Product” or “Guaranteed Products”).
Components or accessories of a warranty product that are not made entirely of stainless steel, such as plastic lids or gaskets, are not covered by this warranty.
2.3. Only those warranty products are covered by this warranty that (i) an end customer has purchased new from FLSK or through an intermediary for their own private use, (ii) 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 to the end customer in accordance with these guarantee conditions that each guaranteed product is free of defects for the duration of the guarantee
material defects,
manufacturing defects and
design errors
(each is a “Warranty Defect”).
3.2. The state of science and technology at the time of production of the respective guaranteed product is decisive for the guarantee promise in Section 3.1. Loss, theft or damage caused by violence 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 previously occurred.
4.2. The end customer is only entitled to rights under this guarantee if he registers the relevant guaranteed product in accordance with the following regulations:
i) After purchasing the guaranteed product, the end customer has the guaranteed product on the website
www.flsk.de/pages/guarantee within
3 months
to register. This is an exclusion period, so that after its expiry, rights under the FLSK Lifetime Guarantee can no longer be established in relation to the guarantee product in question. Any legal rights of the end customer or any other warranty 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 successful communication of the above-mentioned data and documents, a generated guarantee certificate will be provided to the end customer by email. The end customer must store these 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 notifying or presenting the above-mentioned data and documents ) request. 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 arising from this guarantee do not pass to third parties with the sale or other transfer of the guaranteed product. The guarantee expires with the loss of ownership of the guaranteed product or the death of the end customer.
5. Disclaimer of Warranty
5.1. FLSK advises that cleaning the warranty products may cause 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 edges (especially 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.
5.2. Claims under this guarantee are excluded if
i) the error is based in whole or in part on repair attempts that were not coordinated with FLSK in advance or were carried out improperly;
ii) the defect is due to incorrect handling or use, in particular to failure to follow the care instructions, negligence, carelessness, misuse, improper or incorrect use (e.g. fire, chemicals, force and impact);
iii) the error was caused in whole or in part by intentional or negligent damage by the end customer or a third party;
iv) the error is due to the care or repairs not being carried out professionally or other than FLSK spare parts being used during the repair or maintenance; or
v) the error was caused directly or indirectly by force majeure or another unforeseeable event (e.g. earthquake, fire).
5.3. Further claims, in particular 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. Assertion of the guarantee
6.1. If the product has a warranty defect contrary to the guarantee promise in accordance with Section 4.1, the end customer must assert his warranty claim to FLSK immediately after discovering the defect, but no later than within one month, in writing by email to hallo@flsk.de.
6.2. The assertion of the warranty claim must contain the following information and documents: name and address of the end customer, purchase of the Guaranteed product, telephone number, email address (if available), copy/scan of the guarantee certificate, and description of the guarantee defect.
6.3. If there is a warranty defect and compliance with these warranty conditions, FLSK will, at its own discretion, correct it 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 deliver an equivalent product. After replacement, the defective warranty product becomes the property of FLSK. Any accompanying and follow-up 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 is stored, processed or used exclusively to process the associated services. If necessary for processing, the data will also be passed on to companies affiliated with FLSK or third parties (e.g. transport or logistics companies). They will neither be transmitted to other third-party companies nor used for other advertising purposes.
7.2. The law of the Federal Republic of Germany applies, excluding conflict of law 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 to another location.
7.4. Should a provision of these guarantee provisions be or become wholly or partially ineffective or unenforceable, or should there be a gap in this guarantee, this will not affect the validity of the remaining provisions. Instead of the ineffective or unenforceable provision, the effective or enforceable provision that comes closest to the purpose of the invalid or unenforceable provision is deemed to be agreed. In the event of a gap, the provision that corresponds to what would have been agreed according to the purpose of this guarantee will be deemed to have been agreed.