Returns & Refunds
8. Limited Warranty
8.1 If you have any questions related to warranty, repairs or returns, please contact us here http://www.lofelt.com/legal. In order to avoid unnecessary delays and cost, please don’t return any products without first contacting our support team using the link above. If you live in the EU, your statutory warranty rights are not affected. In the event of any conflict between these printed T&C and those posted online at this address http://www.lofelt.com/pages/terms-conditions, the online version shall prevail.
8.2 Basslet Limited Warranty Information for global product purchases
a) What is covered and for how long?
This limited warranty (“Limited Warranty”) covers all defects in materials and workmanship on every Lofelt product you purchase for the duration of the applicable Warranty Period (as defined below), subject to certain exceptions. This Limited Warranty is conditioned upon: (a) proper use and maintenance of the product in accordance with the owner’s manual; and (b) purchase of the product directly from us or from an Authorized Dealer; and (c) your prompt delivery of notice of your defective product, which reasonably describes the defect, within five (5) business days of when you discover or ought to have discovered the defect; and (d) we reasonably verify your claim that the product is defective. An “Authorized Dealer” is any merchant that has a reseller, vendor or other distribution agreement with us authorizing the consumer sale of our products.
The warranty period for Lofelt products purchased directly from us or from an Authorized Dealer have a two (2) year Limited Warranty, whereas factory-refurbished products purchased from us or an Authorized Dealer have a one (1) year Limited Warranty, each calculated from the date of initial purchase (“Warranty Period”). If you sell your product to an individual in a non-commercial, private sale, the remaining duration of the Limited Warranty can be transferred to that private buyer provided that the original invoice or receipt of the purchase of the Product is also delivered to the private buyer.
If Lofelt product defects occur within the Warranty Period, we will, at our discretion, either replace or repair the product at our expense (including the cost of parts and labor for repair) (“Warranty Exchange or Repair”) in the event that a device, which is identical in every respect, is no longer available in our product line, we reserve the right to replace the product with a device that, in our discretion, is technically and functionally equivalent to the defective product. In the event the product is a set of devices, we are obligated only to replace or repair the defective component or device, and not the whole set (unless we determine in our discretion that such replacement or repair is necessary to satisfy our Limited Warranty).
If certain countries impose special conditions, then the relevant national laws will apply for consumers residing in those countries.
b) What is not covered?
This Limited Warranty does not cover:
- Defects occurring after the Warranty Period expires;
- Malfunctions or damage as a result of using a product contrary to its intended use, mishandling or electrical or mechanical overload;
- Defects, malfunctions or damage if a repair attempt was made by anyone other than authorized Lofelt repair personnel, which voids the Limited Warranty;
- Damage caused by refinishing or repainting the product, which shall void the Limited Warranty;
- Damage caused by improper installation or improper connection to any peripheral (other than as performed by an authorized service facility);
- Products given away by Lofelt free of charge as a promotion;
- Damage caused by an external electrical fault;
- Damage caused by any improper use of the supplied power adapter;
- Damage caused by use of third party parts not manufactured or sold by Lofelt;
- Modifications to a product not pre-approved in writing by Lofelt;
- Equipment that has the serial number removed, mutilated, or otherwise tampered with;
- Normal cosmetic and mechanical wear;
- Damage or loss during transit to an Authorized Dealer repair center;
- Any product purchased from a seller or reseller other than an Authorized Dealer.
c) What are our obligations?
During the applicable Limited Warranty period, we will repair or replace, in our sole option, without charge to you, any defective component part of the product. In order to obtain service under this Limited Warranty, you must first contact Lofelt customer support with the instructions provided at http://www.lofelt.com/legal and follow the instructions provided by customer service. We will repair or replace the defective product subject to the terms herein. We may, in our sole option, use rebuilt, reconditioned, or new parts or components when repairing any product or replace a product with a rebuilt, reconditioned, new or comparable product. Repaired products will be warranted for a period equal to the remaining balance of the Warranty Period. For the avoidance of doubt, if you purchased a non-refurbished product and send it back to us for Limited Warranty repairs and we install any refurbished components during our repair, your product will still be deemed a non-refurbished product. All replaced parts, components, boards and equipment become the property of Lofelt.
Returns under either the Limited Warranty or non-Limited Warranty must be packed in a careful manner to protect against damage, together with all accessories and in the original packaging together with a copy of your purchase receipt. If we determine to repair or replace your product under the Limited Warranty, we will pay the return costs for ground shipping to you. If we reasonably determine that the product you returned is not defective or does not fall within the Limited Warranty, we will contact you with a repair cost quote and will arrange for reshipment to you at your cost. If you decline to pre-pay such return shipping costs, we are under no obligation to return such product to you. By returning goods to us for repairs after the expiration of the Warranty Period, or products that are not otherwise covered by the Limited Warranty, you are expressly assuming liability for any reduction in value that might result from the reasonable handling and inspection which may be necessary to make repairs. In order to process your request, please visit http://www.lofelt.com/legal and follow the instructions to get in contact with a Lofelt Customer Support representative. The Lofelt Customer Support representative will require the following information:
The invoice number or original receipt which was shipped with your product or the order confirmation you received via email as a PDF file at the time you acquired your product. The serial number which can be found with the original packaging. In the case of a return for service under the Limited Warranty you must provide us with a malfunction description. Please describe the exact nature of the malfunction or defect and the circumstances under which it occurs. In the case of a product exchange, you will be provided with a return merchandise authorization (RMA) and you will need to provide a valid return address to the Customer Support representative.
e) What are the limits on Lofelt’s liability?
THE WARRANTIES GIVEN IN THIS LIMITED WARRANTY, TOGETHER WITH ANY IMPLIED WARRANTIES COVERING LOFELT PRODUCTS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE APPLICABLE LIMITED WARRANTY FOR EACH RESPECTIVE PRODUCT. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, LOFELT SHALL NOT BE LIABLE FOR ANY FORESEEABLE SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, LOSS OF PROFITS, LOSS OF DATA, DAMAGES TO PURCHASER'S PROPERTY, OR INJURY TO YOU OR OTHERS ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE ANY LOFELT PRODUCT, BREACH OF WARRANTY, OR NEGLIGENCE, INCLUDING BUT NOT LIMITED TO LOFELT'S OWN NEGLIGENCE, EVEN IF LOFELT OR ITS AGENT HAS BEEN ADVISED OF SUCH DAMAGES, OR FOR ANY CLAIM BROUGHT AGAINST PURCHASER BY ANY OTHER PARTY. THIS LIMITED WARRANTY IS THE ONLY WARRANTY FOR LOFELT PRODUCTS, AND IS GIVEN IN LIEU OF ALL OTHER EXPRESS WARRANTIES. THIS LIMITED WARRANTY STATES YOUR EXCLUSIVE REMEDY. IF ANY PORTION OF THIS LIMITED WARRANTY IS ILLEGAL OR UNENFORCEABLE BY REASON OF ANY LAW, SUCH PARTIAL ILLEGALITY OR UNENFORCEABILTY SHALL NOT AFFECT THE ENFORCEABILITY OF THE REMAINDER OF THIS LIMITED WARRANTY WHICH PURCHASER ACKNOWLEDGES IS AND WILL ALWAYS BE CONSTRUED TO BE LIMITED BY ITS TERMS OR AS LIMITED AS THE LAW PERMITS. IN NO EVENT SHALL LOFELT’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE PRODUCTS SOLD HEREUNDER. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO (i) LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (ii) DEATH OR BODILY INJURY RESULTING FROM OUR ACTS OR OMISSIONS.
This Limited Warranty allocates the risk of product failure between you and Lofelt, and this allocation is reflected in our retail pricing. Our agents, employees, distributors, and dealers are not authorized to make modifications to these T&C including without limitation the Limited Warranty contained herein. Accordingly, additional statements such as dealer advertising or presentation, whether oral or written, do not constitute warranties made by us and such statements should not be relied upon.
f) Governing Law for European Union and Switzerland:
If you reside in or purchased your Lofelt product in the European Union or Switzerland, this Limited Warranty shall be governed by and construed under the laws of the Federal Republic of Germany. This Limited Warranty shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
g) Governing Law Outside Europe:
If you reside or purchased your Lofelt product outside of Europe, this Limited Warranty shall be governed by and construed under the laws of the State of New York and the United States of America. This Limited Warranty shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
8.4 We do not provide you with any guarantees, unless such guarantees are made in writing and signed by an authorized Lofelt employee (for the avoidance of doubt, Authorized Dealers are not authorized Lofelt employees) formally vested with documented authority to bind the company.
8.5 If you are not an Entrepreneur and you reside in the EU, USA or CANADA you have the following right of withdrawal:
Contracts concerning the delivery of the Basslet Right of withdrawal On the day that you acquire constructive possession of the Lofelt product, and during the fourteen (14) calendar days thereafter, you have the right to withdraw from this contract for any reason or no reason (the “Withdrawal Period”). To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract before the expiration of the 14-day Withdrawal Period by sending an unequivocal statement (e.g. a letter sent by post, fax or e-mail) to Lofelt at:
Lofelt GmbH Attn: RIGHT OF WITHDRAWAL Glogauer Str. 21 10999, Berlin Germany
Fax: +49 030 120531770
As a convenience, we have included a Model Withdrawal Form in section 8 which you welcome to use.
This clause does not apply to Kickstarter or any other crowdfunding pledges.
Effect of Properly Exercising a Right of Withdrawal
If you properly withdraw from this contract following the procedures outlined in this section 9.5, we shall reimburse the following payments received by you: (i) the price of the product, less any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristic and functioning of the goods; standard shipping costs (irrespective of whether you purchased a faster or more expensive shipping method) less any additional import duties; and (iii) VAT. We shall reimburse such funds to the same means of payment that you used to pay for the initial transaction, unless you have expressly and reasonably instructed otherwise.
Upon our receipt of your notification that you are exercising this right of withdrawal, reimbursed funds shall be promptly returned not later than 14 days from the earlier of: (a) the day Lofelt actually receives your returned product(s); or (b) the day Lofelt receives evidence that the returned good(s) are in the possession of a common carrier and bound for Lofelt at your expense. You will not incur any penalty or fee solely as a result of exercising your right of withdrawal, however, the customer must bear the cost of returning the goods to Lofelt and Lofelt will not refund such return shipping costs. If you exercise your right of withdrawal and return a damaged product, we reserve the right to withhold the amount of funds from your refund sufficient to cover the cost of repairing the damage.
Goods must be returned not later than 14 days from the day on which you communicate your right of withdrawal to us and the goods must be delivered to the location specified by the Lofelt customer support team.
9. Model Withdrawal Notification Form
(Complete and return this form only if you wish to withdraw from the contract)
Glogauer Str. 21
Fax: +49 030 120531770
I/We ________________ (“Customer”) hereby provide notice that Customer withdraws from Customer’s contract of sale regarding the following goods and or services:
Serial number of good(s)/ name of service(s) purchased and hereby returned: _______________
Ordered on (*)/received on (*),
Name of Consumer(s),
Address of Consumer(s),
Signature of Consumer(s) (only if this form is notified on paper),
9.1 To ensure efficient and customer-friendly processing, please send withdrawals to the Berlin address mentioned in the delivery slip in Section 8.
9.2 A right of withdrawal does not apply to contracts for customized goods, or for goods to which § 312g (2) of the German Civil Code (BGB) otherwise applies.
10.1 You are given a non-exclusive, non-transferable license to use the licensed Lofelt firmware for an unlimited duration conditioned upon our receipt of full payment of the invoice. Additionally, the terms and conditions set forth in the GTC http://www.lofelt.com/legal shall apply and are incorporated herein by reference.
10.2 Lofelt expressly retains ownership of all Lofelt intellectual property, including but not limited to all trademarks, source codes and copyrights. Software and accompanying materials may not be translated, decompiled, disassembled, reverse engineered or otherwise changed by you without Lofelt’s prior written consent, unless a legal exception otherwise exists.
10.3 If the license granted by Lofelt to the customer terminates, for example, after exercise of a contractual or statutory right of withdrawal, the customer shall promptly erase all stored data derived from the Lofelt product from your computer system (if any), unless applicable laws or regulations prohibit such erasure. All data, media, and copies or written documentation or documentation in text form of relevant data of Lofelt must be immediately deleted or returned to us, except that you may retain copies of your invoice, order confirmation, receipt and these T&C.
11. Limitations of Liability
In addition to the limitations of liability set forth in section 8.3 (e) and to the maximum extent allowable under applicable law, Lofelt and its officers, directors, agents, and representatives limit their liability for each of the following: (a) foreseeable contractual and extra-contractual damages, whether based on contract, negligence, or other tort; and (b) negligent breaches of minor collateral contractual obligations, negligence or other tort.