Thank you for your interest in the products of NOVA Products GmbH.
This Limited Warranty applies to physical goods, and only for physical goods, purchased from NOVA Products GmbH.
What does this Limited Warranty cover?
Your NOVA Product is guaranteed for a “Warranty Period” against material defects that already existed when the consumer received the product, i.e.:
- Any defects in materials used to manufacture your product
- Any defects in workmanship under normal use
- Any broken components under normal use
What does this Limited Warranty not cover?
This Limited Warranty does not cover the normal depletion of consumables, such as batteries, except in the event of a failure due to a defect in materials or workmanship, and other conditions, malfunctions or damage that are not defects in materials or workmanship, such as:
- Damage of a product resulting from the customer's negligent use, incl. the use of the product in or in close contact with water (under shower, when swimming, etc.)
- Damage of a product resulting from unauthorized modification of the product
- Damage caused by natural disaster
- Theft or loss of the product
What will NOVA GmbH do to correct problems?
If a defect appears during the Warranty Period, NOVA Products GmbH undertakes, at its discretion, (1) to repair the Product free of charge, using new or replacement parts that have been tested and meet NOVA‘s functional requirements, (2) to replace the Product with a new replacement product of the same model (or, with your consent, a product that has the same characteristics or characteristics substantially similar to those of the original product: for example, the same model in a different color), or (3) to refund you the original selling price.
What must a customer do in order to receive repair/service under this Limited Warranty?
To obtain Warranty Service, contact us to determine the problem and the most appropriate solution for your particular situation, sending the proof of purchase, description and visual documentation (photo/video) of the problem to firstname.lastname@example.org. The following conditions must be met during the process:
- The Product must be returned to us for examination in its original packaging (original NOVA H1 Audio Earrings box) with all the elements and content originally sent to the customer.
- A Return Merchant Authorization (RMA) is required.
- Any documents that were shipped with the product must be included in the package.
Applicable state laws and Warranty limitation period for defective products
This Limited Warranty is governed by and interpreted under the law of the country where the purchase of the product took place.
For purchases made by consumers in Germany:
In the event of defects, the statutory provisions in accordance with § 437 BGB et seq apply. The buyer is granted the basic right to have the defect cured (German: “Nacherfüllung”). If the cure proves unsuccessful, then the buyer has the right, at the discretion of the seller, to a reduction of the purchase price or to rescind/terminate the contract. The basic statutory limitation period (German: “Verjährungsfrist”) for new goods is two years starting from the time the defective goods are delivered to the buyer.
For purchases made by consumers in Austria
In the event of defects, the statutory provisions apply. The limitation period for defective goods is two years. Warranty claims are to be divided into two stages:
1. in the first instance: improvement (repair) or replacement (of generic objects which are standard products in terms of type, quantity and quality). In principle, the consumer has a choice between improvement and replacement, unless this becomes disproportionate for the provider (e.g. no replacement if only a minor repair is required).
2. and only in the second instance: a price reduction or annulment (cancellation of the contract, i.e. object in return for cash; no credit note). Price reduction or annulment can only be claimed if repair or replacement:
- are not possible;
- would entail disproportionate expense/effort for the provider;
- are refused or delayed;
- cannot reasonably be expected of the businessperson, for good reasons associated with the person of the provider.
Where applicable, the consumer must bear part of the additional cost. However, annulment is not allowed for minor defects.
For purchases made by consumers in Belgium:
In the event of defects, the statutory provisions apply. Under Article 1649bis of the Civil Code and other provisions on the sale of goods to consumers, the seller is responsible for defects existing at the time of delivery of the goods that become visible within two years after the date of delivery (Article 1649quater, Civil Code).
For purchases made by consumers in France:
You benefit from the legal guarantee of conformity under the conditions of Articles L.217-4 and following of the Consumer Code and the guarantee of hidden defects under the conditions provided for in Articles 1641 and following of the Civil Code. The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted. You may decide to implement the guarantee of hidden defects in the sense of article 1641 of the French Civil Code. In this case, you can choose between the resolution of the sale or a reduction in the sale price (Article 1644 of the French Civil Code). The limitation period for defective goods is two years from the date of the delivery.
For purchases made by consumers in Italy:
In the event of defects, the statutory provisions apply. The limitation period for defective goods is two years from the date of the delivery.
For purchases made by consumers in Netherlands:
In the event of defects, the statutory provisions apply. The customer has the obligation to examine whether the products comply with the Agreement upon delivery. If this is not the case, the customer must inform NOVA Products GmbH of this as soon as possible after observation was reasonably possible, but in any case, within 2 months after discovery of the defect. Failing this, any claim in this regard will lapse. The limitation period for defective goods is two years from the date of the delivery.
For purchases made by consumers in Spain:
In the event of defects, the statutory provisions apply. These include your right to make use of the three-year warranty after the receipt of the goods. The presumption of lack of conformity is two years. Thus, the seller will be liable to the consumer for any lack of conformity that becomes apparent within a period of three years after supply, and any lack of conformity which becomes apparent within two years as from delivery of the goods or services will be presumed to have existed at the time of delivery, unless proved otherwise by the seller.
For purchases made by consumers in Switzerland:
In the event of defects from the outset, the statutory provisions apply according to Art. 197 et seq. of the Swiss Code of Obligations (the "CO"). Once the goods are delivered, the buyer has the obligation to examine the goods in due course and, upon discovery of a defect, to notify the seller immediately. If the defect could have been discovered, and if the purchaser does not comply with his obligations to examine and to notify, he forfeits his rights vis-à-vis the seller (art. 201 II CO). If the defect could not have been discovered upon inspection, the purchaser has to notify the seller immediately after discovery of the defect in order not to forfeit his right to a remedy (art. 201 III CO). The limitation period for remedies under the law on sales of movable goods is one year from the date of delivery of the defective good (§ 210 CO). This short limitation period applies even if the defect is only discovered after the expiry of the one-year period.
For purchases made by consumers in UK:
In the event of defects, the statutory provisions apply. These include that the goods you purchase are of satisfactory quality, fit for purpose and as described. Within 30 days of the delivery, you may exercise the right to a refund if the product purchased is not of satisfactory quality, fit for purpose or as described. After the 30-day period, but within six months of the date of delivery and where the product is faulty, you are entitled to a repair or replacement, or where that is not possible, or the repair/ replacement does not resolve the fault, you are entitled to a refund. After six months of the date of delivery, similar rights exist, but only if you can prove that the fault was present at the point of delivery. The limitation period for defective goods is six years in England, Wales and Northern Ireland and five years in Scotland from the date of delivery.