warranty

Voluntary manufacturer warranty

Five-year warranty

blomus is characterised by an uncompromising commitment to quality and has secured our products a top position in the international world of design. We therefore offer end customers a voluntary five-year manufacturer warranty on our products, irrespective of any claims you may have against your seller. Requirements and details of this voluntary manufacturer warranty can be found in the warranty conditions below.

 

Our warranty conditions

 

1. General

 

blomus GmbH, Zur Hubertushalle 4, 59846 Sundern ("blomus") grants a manufacturer warranty to end customers for blomus products from the TASI, LUA and KUON series. This voluntary manufacturer warranty applies in addition to the statutory rights to which the end customer is entitled vis-à-vis the seller. Any further claims of the end customer against blomus (e.g. due to any product liability) also remain unaffected.

 

“End customer” is the person who is the first consumer to purchase the blomus product directly from blomus or a blomus sales partner. “Consumer” within the meaning of this manufacturer warranty is any natural person who has purchased the blomus product for private use and not to use it in the context of their commercial or freelance professional activity (e.g. for resale).

 

This manufacturer warranty is only valid for the end customer and is not transferable. In the event of a resale of the blomus product by the end customer, the warranty is therefore not transferred to the purchaser, irrespective of whether the purchaser is also a consumer.

2. Scope of the warranty, warranty period

 

blomus guarantees the end customer that the blomus product they have purchased is free from material, manufacturing and design defects. The state of the art in science and technology at the time of manufacture is decisive here.

 

This warranty applies exclusively to blomus products from the TASI, LUA and KUON series for a period of 5 years from the date of purchase by the original retail customer, but for a maximum of 6 years after manufacture. The warranty period shall not be extended due to the provision of services under this warranty, in particular not in the case of repair or replacement. In such cases, the warranty period shall not restart.

 

The warranty period shall not be extended due to the provision of services under this manufacturer warranty, in particular not in the case of repair or replacement. In such cases, the warranty period shall not restart. The same applies if these warranty conditions are enclosed with the replacement product; this does not constitute a new warranty or restart the warranty period.

 

Claims for compensation for consequential damages or from product liability shall only exist in accordance with the mandatory statutory provisions.

 

This manufacturer warranty only applies to end customers who have purchased the product in question in a country in which blomus is represented by its own sales company or via a sales partner.

 

3. Form and time limit for assertion, statute of limitations

 

The assertion of claims under this warranty requires the written notification of defects by the end customer to blomus or the blomus sales partner from whom he purchased the blomus product. This notification of defects must be made within a preclusive term of two months from the time at which the end customer recognised or should have recognised the defect in the blomus product, and in any case before the warranty period expires. It is the responsibility of the end customer to prove that the warranty period has not yet expired; this proof can be provided in particular by submitting the proof of purchase for the blomus product.

 

The written notification of defects must contain

 

• a detailed description of the defect,
• the name and address of the end customer and
• proof of purchase of the blomus product as the end customer, e.g. proof of purchase with date of purchase, trade name of the blomus sales partner and product designation and/or blomus article number.

The written notification of defects should be sent by email to garantie@blomus.com or via the contact form at https://www.blomus.com/de/service/contact. After receipt of the written notification of defects, blomus will contact the sender within 10 working days. The product may not be modified or returned before the expiry of this period or any instructions to the contrary. This does not apply if significant damage is to be expected.

 

The warranty claim expires at the end of the warranty period. If a claim has been asserted within the warranty period in compliance with the above requirements, but the warranty service owed has not yet been rendered by blomus, the statute of limitations shall be suspended until the service has been rendered.

 

4. Prerequisites and exclusions

 

The prerequisite for the utilisation of this warranty is the professional assembly and care of the affected blomus product in accordance with the blomus assembly and care instructions.

 

If blomus can prove or there is an objectively justified suspicion that these prerequisites have not been met, blomus may refuse to honour the warranty unless the end customer can prove that the aforementioned prerequisites have been met.

 

This manufacturer warranty does not cover claims for

 

• commercial or freelance professional use of the blomus product;
• failure to provide notification of defects and early return of the defective blomus product without prior assessment or instruction by blomus
• failure to comply with the available instructions for use and assembly as well as the care instructions;
• improper maintenance or repair of the blomus product, in particular repair or maintenance using spare parts other than original blomus spare parts;
• use of the blomus product that does not correspond to its intended or recommended purpose or is otherwise improper or incorrect
• product modifications, in particular installation, removal or replacement of individual parts or components of the blomus product, or
• blomus products whose article number or date of manufacture on the product has been removed, altered or made unrecognisable.

 

This manufacturer warranty does not extend to:

• product defects caused by transport, installation or external impact (shock, impact, fall);
• product defects or damage caused by the seller, installation service or third parties;
• product defects caused by normal wear and tear (e.g. scratches, abrasion) or wilful damage (in the case of negligent damage, contributory negligence is taken into account);
• wear parts, such as protective felt under the furniture feet or foam materials.
  The seat hardness depends on the frequency of use and is therefore also to be rated as a wear part;
• minor deviations of the blomus product from the target condition, which have no influence on the utility value of the blomus product;
• damage caused by force majeure or natural disasters, in particular, but not limited to flooding, lightning or fire.
• consequential damages and
• soiling through use
• sample or display products, factory seconds or similar

5. Warranty services

 

In the event of a warranty claim in accordance with section 1-4, blomus shall honour the manufacturer warranty by 1) repairing the affected blomus product or supplying the necessary spare parts, 2) replacing the product or 3) refunding the purchase price to the end customer, at its own discretion and in accordance with the following provisions.

 

1) Repair

 

As a general rule, the end customer will have the defective blomus product repaired by a specialised company on site with the prior consent of blomus. In this case, the manufacturer warranty includes free delivery of the necessary spare parts. If blomus decides by written agreement to carry out the repair itself, blomus shall bear the resulting costs for spare parts, repair and its own labour costs as well as any expenses for the transport or shipment of the blomus product. The end customer must make the defective blomus product accessible.

 

2) Replacement

 

In the event of replacement, the defective blomus product will be replaced free of charge with a new blomus product of the same kind, quality and type. If the affected blomus product is no longer manufactured at the time the defect is reported, blomus is entitled to supply a comparable replacement product. Transport or dispatch to and from blomus or the blomus sales partner as well as any action in connection with the replacement of the blomus product may only be undertaken with the prior consent of blomus. If blomus agrees to the intended measure, blomus shall bear the costs incurred in carrying out the measure. The end customer is obliged to collect the new blomus product from the nearest blomus sales partner himself, unless otherwise agreed. The replaced blomus product becomes the property of blomus upon collection.

 

3) Refund of the purchase price

 

If blomus chooses to refund the purchase price and confirms this in writing, the end customer shall return the defective blomus product and blomus shall refund the purchase price paid. With the refund of the purchase price, ownership of the defective blomus product is transferred to blomus.

 

6. Consequences of an unjustified warranty claim

 

If the customer reports a defect as a warranty claim but the conditions for warranty service under this manufacturer warranty are not met, the costs incurred for shipping or transporting the product shall be borne by the end customer. In addition, the end customer shall bear the costs, including any labour costs, incurred by blomus for any dismantling, inspection or return transport of the product.

 

If the end customer, having been informed that the warranty does not apply and of the expected costs arising from the repair, nevertheless wishes the repair to be carried out, he shall bear the costs for the spare parts and the labour costs himself.

 

If the blomus product did not already show the defect in question at the time of delivery, blomus will decide on a case-by-case basis whether the defect will be remedied as a gesture of goodwill. In this case, the end customer does not have a legal claim to rectification of the defect.

 

Privacy policy

 

The personal data provided by the  customer will be collected and used in the event of an enquiry under the manufacturer warranty on the basis of statutory authorisations and in accordance with our data protection information (https://www.blomus.com/de/privacy-policy).

Further rights

 

In addition to the rights arising from this voluntary manufacture warranty, the end customer is entitled to the statutory rights without restriction.

 

In particular, this manufacturer warranty does not affect any further statutory or contractual rights (in particular warranty rights) that the end customer may have against the blomus sales partner from whom he purchased the blomus product.

 

The statutory rights of the end customer vis-à-vis blomus are also neither limited nor replaced by the warranty. This applies in particular to mandatory statutory liability provisions under the Product Liability Act or any tortious liability of blomus.

 

The continued validity of the rights of the end customer is independent of the existence of a warranty claim and of the utilisation of the warranty by the end customer.

Place of fulfilment, place of jurisdiction and applicable law

 

This warranty shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980. The place of fulfilment for the obligations arising from this warranty is Sundern, Germany. As far as permissible, the place of jurisdiction is Arnsberg, Germany.

 

 

 

Name and address of the warrantor:

blomus GmbH

Zur Hubertushalle 4

59846 Sundern

Germany