Terms of service

Terms, Conditions and Warranty

 

WARRANTY

Flow Windsurf ApS (hereafter FW) warrants to the customer, subject to the terms and conditions set out in this Terms, Conditions and Warranty document, that the products are free from any defect in the materials selected and manufacturing process employed in the production of the products.

This Terms, Conditions and Warranty is provided by the FW in respect to defects arising products sold to the customer for a period being one (1) year from the date on which the product is sold.

This Terms, Conditions and Warranty only applies to claims made by the customer upon presentation of the original sales receipt, which must show the date on which the customer purchased the product (the “Initial Purchase Date”). Should the customer be unable provide proof of the Initial Purchase Date, or comply with these Terms, Conditions and Warranty, honouring the warranty is then at the sole discretion of FW.

FW reserve its right to investigate any claim for damage or defects in a product by inspecting and testing the relevant product. When the customer has a valid warranty claim, FW may choose to; repair the product, replace the product or, to credit the customer’s account the value of the replacement product.

If the FW issues a replacement product, the replacement product shall continue to be warranted for the residual term of the warranty period.

This Terms, Conditions and Warranty and any separate agreements we provide you shall be governed by the laws of Denmark.

 

EXCLUSIONS

The warranty is void if there are any unauthorized repairs, changes or modifications to any part of the product that has been made by anyone other than by FW or its authorized agent.

The Warranty does not apply to second hand products, that being products which are sold conditional on the customer’s acceptance of all defects apparent at the time of sale.

This Warranty only applies to products manufactured and sold by the FW.

This Warranty shall not apply to any damage or defective product caused by, or comprising, any of the following: any repair or replacement of any product under this warranty is not available for normal wear and tear, including; scratches or for any damage caused by misuse, abuse, unauthorized modification or repairs, accident, exposure to temperatures outside of 0 to 50 degrees Celsius, excessive exposure to sunlight, improper handling, incorrect setup, use in commercial, rental or teaching environments, any blow or impact with any object, or any other irresponsible use, any variations in colour or design of a product which do not affect the suitability of the product for its’ intended use, non-recreation use including competitions, professional riders, commercial rental centres, or teaching operations, inappropriate or improper storage or handling, including storage of the Product, continued use of the product after the discovery of any defect or damage, damage to the product in any way related to failure of any other item of equipment in use at the time, incorrect size or thread of fin bolts, overtightening or insufficient tightening or cross-threading of bolts, improper mounting or adjustment, or any damage to other equipment items used in conjunction this the product.

FW does not warrant fitment or suitability of its products with any other equipment than those produced by FW.

FW expressly accepts no liability whatsoever for any personal injury or death.

 

Normal wear and tear.

Anything except manufacturing defects in materials and workmanship. FW is not liable for any damage or defect to any items not manufactured by the FW.

 

Customers Obligation

The customer irrefutably accepts that:  they are aware of how to appropriately store, handle and use the product, and you expressly agree that your use of the product is at your sole risk.

You will exercise care when: storing, handling, fitting, all use of, inserting and removing the product. You are directly responsible for and capable of, appropriate and safe use of the product for your own and the safety others. You will inspect the product regularly before and after use, especially in the circumstance where any impact or damage has occurred or is suspected.

You agree to indemnify, defend and hold harmless FW and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, made by any third-party due to or arising out of your breach of these Terms Conditions and Warrantee, or your violation of any law or the rights of a third-party.

You agree not to, either directly or indirectly; reproduce, duplicate, copy, or exploit any portion of the Product or Service, without express written permission by FW.

 

Limitation of Liability

The liability of FW for any injury, death or special, consequential or economic loss or damage to property or any personal injury or death is expressly excluded. There are no other warranties in respect of the products, implied or otherwise.

FW reserve the right to refuse service to anyone for any reason at any time.

 

MAKING A CLAIM

Should the original purchasing customer wish to raise a claim against FW on grounds of damage or defects in a product, the customer’s claim validity to FW is limited as follows:

·       The product is within 1 year of its purchase date

·       The customer has met all the obligations set out in this Terms, Conditions and Warrantee.

·       Any apparent defects or damage related to any claim must be made within: 7 days of receipt of the delivery, or within 1 month of the date the damage or defect occurred or was discovered, and prior to the expiry of the warranty period.

·       The customer shall provide FW the following information in writing, by email:

o   Identification of the product,

o   Proof of purchase including the date of purchase,

o   The date the damage was detected or occurred,

o   A clear description of the defect or damage, including clear photographs of the defect or damage.

Should the customer have not met all the obligations as set out within this Terms, Conditions and Warrantee, the customer shall not have a valid claim with the FW.

Any presumption of damage or of defects does not constitute sufficient ground for making a claim, however it shall extend the obligation of the customer to examine the delivered goods.

FW reserves the right to change the requirements for making a claim under this Limited Warranty from time to time.

Missing or unclear information may lead to delays in acknowledgement of the claim to be rejected altogether. 

 

Contact information

Questions about the Terms, Conditions and Warranty should be sent to us by using the contact form on www.flowwindsurf.com.