- - forma
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Below you will find the warranty terms applied by BESTWAY EUROPE S.p.A. with registered office in Via della Resistenza n. 5, San Giuliano Milanese (20098) - Milan, Italy (hereafter "BESTWAY"), on products sold within the European Economic Area under the BESTWAY trademark.
1. Legal warranty
1.1 The legal warranty is provided by the European Directives 1999/44/EU and 2019/771/EU, which aim to protect the Consumer, as defined below, in the event that the purchased goods ("Products") have defects of conformity.
Depending on the time of purchase, the following regulations will apply
- • European Directive 1999/44/EU, for all goods purchased on or before December 31st, 2021;
- • European Directive 2019/771/EU, for all goods purchased on or after January 1st, 2022.
1.2 Pursuant to the aforementioned European Directives, Consumer is any natural person who purchases a Product for purposes unrelated to his or her business, trade, craft or profession (the "Consumer").
1.3 Legal warranty lasts 24 months from the delivery of the goods to the Consumer, unless otherwise provided for in the legislation of each member State of the European Union.
1.4 If the Consumer believes that he or she has purchased a Product with a conformity defect, the Consumer must contact his or her retailer to make use of the related warranty.
1.5 BESTWAY shall provide the warranty, for any possible conformity defect of the Products, to any Consumer who purchased the Products directly from BESTWAY itself.
2. BESTWAY Manufacturer Warranty
2.1 Without prejudice to the guarantees and prerogatives provided by law and without prejudice to the possibility for the consumer to activate the abovementioned legal warranty, BESTWAY offers an additional warranty ("BESTWAY Manufacturer Warranty") for possible conformity defects over a limited range of Products.
2.2 BESTWAY Manufacturer’s Warranty applies only to purchases made by a Consumer, i.e. to any item purchased by an individual acting for purposes which are not related to his or her trade, business, or professional activity. For example, in the event that the Consumer is affiliated with a company that uses our Products for any commercial purpose, the Product will not be covered by BESTWAY Manufacturer’s Warranty.
2.3 The Manufacturer warranty may be activated by the Consumer of the Product or by the Retailer, under the following terms and conditions.
(a) List of item categories covered by BESTWAY Manufacturer warranty:
- • Lay-Z-Spa™ sets
- • Lay-Z-Spa™ sets with Wi-Fi
- • Lay-Z-Spa™ Entertainment Station
- • Fast Set™ (from 183 x 51 cm and above)
- • Steel Pro™
- • Steel Pro Max™
- • Power Steel™
- • Hydrium™
- • Flowclear™ Filter Pump
- • Flowclear™ Skimatic Filter Pump
- • Flowclear™ Sand Filter
- • Flowclear™ Pool Heater
- • Flowclear™ Chlorinator
- • Flowclear™ Swimfinity
- • Cleaning robots AquaTronix, AquaGlide, AquaRover
- • Ladder, only if included in the pool set
- • Covers & Ground Cloths, only if included in the pool set
- • Maintenance kits, only if included in the pool set
- • Surf board
- • Hydro Force™ SUP
- • Hydro Force™ Boat
- • Water Park – Constant Air
(b) Duration of BESTWAY Manufacturer warranty
Manufacturer warranty for all of BESTWAY Products mentioned above at paragraph 2.3 (a) shall last 24 months - unless otherwise provided for by the legislation of each member state of the European Union - starting from the date stated on the ticket receipt or tax document issued upon purchase.
To avoid forfeiture of the rights granted by BESTWAY Manufacturer Warranty, the presumed lack of conformity of BESTWAY Product shall be reported to BESTWAY within 2 months of its appearance as described in following paragraph 2.3 (c).
(c) Activation and Services of BESTWAY Manufacturer warranty
In order to report a presumed defect of conformity of the Product and to activate BESTWAY Manufacturer Warranty, the Consumer or the Retailer must contact the Customer Service Centre located in his/her Country of residence, provided by BESTWAY.
The claim can be lodged:
Communication must include the following details:
- • consumer contact details;
- • date of purchase and copy of the ticket receipt or tax document;
- • item number;
- • serial Number;
- • description and/or pictures and/or video of the defect;
- • pictures and/or video of the installation of the product;
- • Any other documentation that BESTWAY may need to investigate the claim.
Following the activation of the BESTWAY Manufacturer Warranty, the Consumer is required to provide BESTWAY with all the above information, which are critical to ensure that Bestway is able to analyse the report and remedy the problem within a reasonable timeframe.
If one or more of the above requirements are not met, BESTWAY Manufacturer Warranty will not apply; however, the Consumer is advised that it may always invoke the legal warranty set forth in paragraph 1 of this document.
In the event that BESTWAY finds a defect of conformity of the Product, BESTWAY will replace only the resulting defective spare parts and not the whole set. Such case will not entail the start of a new Manufacturer Warranty period, either on the spare part or the whole set; therefore, BESTWAY Manufacturer Warranty will not be in any way interrupted and/or suspended by the replacement of the defective parts and will resume its natural expiry date
The replacement will not entail any additional costs for the Consumer.
The replacement will not entail any additional costs for the Retailer from whom the Consumer has purchased the Product, unless otherwise provided for by the Commercial Policy, which the Retailer must have read before activating BESTWAY Manufacturer Warranty. The activation of the warranty by the Retailer implies acceptance of all the terms & conditions of BESTWAY Commercial Policy as per its latest version.
(d) Limits to the application of BESTWAY Manufacturer warranty
BESTWAY Manufacturer Warranty shall exclusively concern conformity defects of BESTWAY Products. On the other hand, it does not cover, in any respect, problems attributable to different causes, such as, by way of example and not limited to, those potentially deriving from incorrect installation, incorrect use, bad or poor maintenance, bad management, misuse of chemicals, incorrect power supply, neglect or improper use, handling and/or modification of BESTWAY Product respectively, usage of non-suitable and/or non-original accessories and/or spare parts, damage visible from the outside and not disputed at the time of delivery, damage deriving from climatic effects, any defect not attributable to a production problem, report of missing parts beyond the two months period from the date of purchase.
Bestway Products are not covered by the BESTWAY Manufacturer Warranty if purchased second hand and/or refurbished. Moreover, warranties are not transferable to third parties.
BESTWAY Manufacturer Warranty does not cover products that have been opened and/or handled without BESTWAY's consent (by way of example and not limited to the opening of a pump).
BESTWAY Manufacturer Warranty does not cover any economic loss due to water and chemical consumption costs.
The BESTWAY Manufacturer Warranty is not applicable to any damage to property caused by an incorrect installation and/or assembly of the Product, as per the instructions in the user manual; by way of example, damage caused by flooding due to installation of the Product on a surface that is not flat and/or not suitable.
No refunds may be claimed for interventions and/or replacements or on the product handled by the consumer or the reseller outside the manner and under the conditions set forth in the BESTWAY Warranty itself.
Due to different safety and/or regulatory standards, which may change from Country to Country, BESTWAY warns the Consumer that the installation and/or use of BESTWAY Products in a Country other than the one where the Products were purchased may cause damage to persons and/or property and/or the Product itself (or individual parts of it). Failure to comply with the requirements set forth herein may void the BESTWAY Manufacturer Warranty.
(f) Effective date
BESTWAY Warranty shall apply with reference to all notifications received as per paragraph 2.3 (c) in relation to BESTWAY Products applying the specific European Directive provided for in Article 1.1. of this document.
Date of Publication: May 1st, 2022.