Five Years Warranty Agreement

§1 

These Regulations (hereinafter referred to as the "5 Year Warranty Programme Regulations") set out the terms and conditions and rules for the use of the "5 Year Warranty Programme" service (hereinafter referred to as the "Programme").

 

§2

All capitalised terms used in the Regulations of the 5-Year Warranty Programme shall have the meaning ascribed to them in the Regulations unless otherwise stated in the Regulations of the 5-Year Warranty Programme.

 

§3 

1. The Programme Participant may be a consumer who has obtained the status of Programme Participant under the Regulations of the 5-Year Warranty Programme, subject to § 5(4) of the Regulations of the 5-Year Warranty Programme (hereinafter the "Programme Participant").
    
2. The purpose of the Programme is to provide the Programme Participant with a 5-year warranty (hereinafter the "Warranty") on Rebelhorn products (hereinafter the "Covered Product") purchased from the Online Shop or one of the partner shops (hereinafter the "Shop") under the terms and conditions outlined in the Regulations of the 5-year Warranty Programme. Under the Protection in the event of a physical defect occurring in a given Product Covered by the Program due to the fault of the manufacturer of the Product Covered by the Program (hereinafter referred to as "Defect") during the Protection period and at the same time lack of warranty and warranty rights on the part of the Program Participant due to their expiration in relation to this product, the Program Participant may obtain the rights described in § 5 of the Program Regulations 5 Years of Protection, on the terms indicated there
   
   
3. The 5-year warranty period starts from the date of purchase of the Covered Product. 
   
   
4. The Programme Participant may only participate in the Programme in person, and his/her participation and the benefits and rights obtained under the Programme are not transferable to third parties. 
   
   
5. The Programme Participant may only register a particular Covered Product for the Programme once. 
   
   
6. The Warranty covers only physical defects caused by the manufacturer of the Covered Product, excluding those defects to which the use of the Covered Product contrary to its intended use has contributed in any way (hereinafter "Defects"). 
   
   
7. The Warranty does not cover defects in the Covered Product other than Defects, in particular, but not exclusively 
   - mechanical damage to the Covered Product 
   - natural wear and tear of the Covered Product
   - Covered Products with obvious defects that are visible at the time of delivery of the Covered Product to the Buyer, 
   - damage caused by improper maintenance of the Covered Product
   - the comfort of the Covered Product, i.e. inadequate fit to body shape or preference 
   - membranes as a material that loses its properties over time. 

 

§4

1. To become a Participant in the Programme, you must 
   - register the Product within 30 days of the purchase of the relevant Covered Product (hereinafter referred to as "Product Registration"),
   - report a defect within 14 days of the date on which the defect occurred. 
   
   
2. Product Registration is carried out by the Programme Participant in the following order 
   - selecting the type of Covered Product concerned 
   - indicating the date of purchase of the Covered Product 
   - provide the Proof of Purchase number for the Covered Product, the place of purchase of the Covered Product, and the gross price of the Covered Product purchased 
   - providing the required information (name and surname/business name and e-mail address), 
   - confirmation of the registration of the Product. 
   
   
3. When registering the Product, the Seller will allow the Programme Participant to read the Terms and Conditions and the Privacy Policy. Failure to provide a declaration of familiarity with and acceptance of the content of the aforementioned documents makes it impossible to complete the product registration. 
   
   
4. Within 3 days from the date of product registration due to paragraph (2) above, the Programme Participant will receive a confirmation of the registration, which is equivalent to obtaining the status of the Programme the Participant, or information on its rejection, by e-mail to the e-mail address provided by the Programme Participant. The registration can only be rejected for objective reasons, such as incorrect completion of the form or failure to comply with the conditions for participation in the Programme set out in the Regulations of the 5-year Guarantee Programme (in particular, exceeding the 14-day deadline for product registration). 
   
   
5. In case of a defect of the registered Product covered by the Programme, the Programme Participant is obliged to notify the Seller of the defect by e-mail at the following address: support@rebelhorn.com without delay, but at the latest within the time limit specified in paragraph 1 letter b) above (hereinafter the "Notification of the defect"). The Programme Participant should attach to the Complaint Submission (as a scan or photo in a commonly used format that allows the content to be opened and saved in the regular course of activities) at least the following documents 
   - Proof of purchase of the Covered Product, 
   - Photograph(s) of the defective Covered Product without any image of a person or any other evidence of the defect of the Covered Product containing only information allowing the identification of the Covered Product and indicating the nature of the defect and the reasons for its occurrence, but not containing any data that could be construed as personal data, in particular personal data of a specific category. 
   
   
6. Immediately after submitting a complaint, the Programme Participant will receive confirmation of the submission of the complaint by e-mail to the e-mail address provided by the Programme Participant. Then, within 30 consecutive days, the Programme Participant will receive, by e-mail to the e-mail address provided by the Programme Participant, information about the negative or positive consideration of the Complaint Submission. If the complaint is not considered within the aforementioned period, the complaint is deemed to have been considered positively. The Seller's decision on the claim is final. 
   
   
7. Within the complaint investigation period, the Seller may request the Programme Participant to send the product reported under the Programme to the address of the Seller's registered office within 7 days of receiving the relevant information, in order to investigate whether there is a defect, if this cannot be assessed on the basis of the evidence provided by the Programme Participant. In this case, the time limit for investigating the complaint request is 14 days from the date of delivery of the Covered Product to the Seller. The Seller will bear the cost of shipping and returning the Covered Product if the Complaint Request is accepted and the Programme Participant will bear the cost of shipping and returning the Covered Product if the Complaint Request is rejected. If the Participant fails to return the Covered Product to the Seller within the above time limit, the claim will be rejected.
   
   
8. The rejection of a Complaint Form must be duly justified and based on an objective reason, in particular the failure to comply with one of the conditions set out in the Regulations of the 5-year Warranty Programme, in particular the failure to prove the occurrence of a defect. 
   
   
9. In the event of a positive assessment of the claim form, the Product covered by the Programme will be repaired by the Seller to the extent of the defect covered by the claim form. For this purpose, the Programme Participant should immediately, and at the latest within 14 days from the date of receipt of the information on the negative or positive consideration of the Complaint Submission or from the date of expiry of the 30-day period referred to in Section 6 above, send the reported Covered Product at his own expense to the registered address of the Seller. The Seller will return the Covered Product at the Programme Participant's expense to the address from which it was sent (unless the Programme Participant provided a different address when submitting the claim) in the following cases 
   - if the examination of the Covered Product sent by the Programme Participant shows that there is no defect; or 
   - that the defect has worsened between the submission of the claim and the delivery of the Covered Product to the Seller as a result of factors other than a manufacturing defect in the Covered Product. 
   
   
10. The defect will be rectified in accordance with clause 9 above within 30 days of delivery of the Covered Product to the Seller, but the Seller may extend the above period by a further 30 days, in which case the Seller will notify the Programme Participant by email to the email address provided by the Programme Participant.
    
    
11. In the event that Seller determines that it is not advisable to repair a Covered Product, Seller will offer the Program Participant - by email to the email address indicated by the Program Participant, within the time period specified in Section 9 above - a discount not exceeding 50% of the gross price on one new product corresponding in kind to the reported Covered Product, selected by the Program Participant from the list of products sent with such offer. The Program Participant will send information about the selection of a particular product from the list back to the Seller within 3 working days of receiving the offer of discount by e-mail to the e-mail address specified in paragraph 5 above. In the case described in this paragraph 11, the ownership of the Defective Product covered by the Programme shall pass to the Seller.The repaired Covered Product or the product purchased by the Program Participant under Paragraph 10 is sent by the Seller, at the Seller's expense, to the Program Participant at the address from which it was sent for repair unless the Program Participant indicated a different address when submitting the Complaint Request. The repaired product and the product purchased under Paragraph 10 may not be re-submitted to the Programme.
    
    
12. The Program Participant is not entitled to any other benefits from the Seller in connection with the occurrence of a Defect other than those specified in Paragraph 9 and Paragraph 11 above. In particular, but not limited to, the Program Participant may not request a refund of the price of the reported Covered Product in whole or in part, withdraw from the contract under which he or she purchased the Covered Product or request the replacement of the Covered Product with a new one. 
    
    
13. A claimed Covered Product that has been repaired under the Guarantee is not subject to the Guarantee. 

 

§5

1. The Terms and Conditions of the 5-Year Warranty Programme are available free of charge on the website: rebelhorn.com in a manner that allows them to be obtained, reproduced, and recorded. 
   
   
2. In the event of changes to the Terms and Conditions, including the Terms and Conditions of the 5-Year Warranty Programme, the Terms and Conditions of the previous version shall apply to Covered Products registered before the effective date of the relevant change to the Terms and Conditions. 
   
   
3. The Terms and Conditions of the 5-Year Guarantee Programme in force on the date of registration of a particular Product shall apply to Products registered before the entry into force of such Terms and Conditions.