The buyer may, as is apparent, require (i) a reduction in price or proceed to a (ii)
recession of the contract when the repair or replacement is not carried out within a
reasonable time or with significant inconvenience to the buyer. The reduction in price
(i) will be proportional to the difference between the value that the goods would have
had if they had been delivered in accordance with the contract and the actual value
that the goods were worth at the time of the said delivery. Recession of the contract
(ii) will not proceed when the non-conformity is of minor importance.
3. THE GUARANTEE DOES NOT COVER
- Defects attributable to use other than that established in the User Manual.
- Professional use or commercial leasing or hiring of the product.
- Poor installation, poor assembly or breakage of components due to improper
installation, (the User Manual gives detailed instructions on how to install and use the
machine).
- Improper use of the product (use without applying gel, exceeding operating times,
exposure to high moisture levels, etc.) or problems arising from lack of maintenance
(accumulation of dirt on any part of the product or its accessories, etc.). (The User
Manual provides advice on how to install and use the product).
- Repairs carried out by persons not authorised by EXERCYCLE, S.L. or appliances that
have been opened or tampered with by persons not authorised by the manufacturer.
- Deviations from the standard product, such as light vibrations, noises or breakage of
components that do not affect the performance of the machine and which cannot be
attributed to manufacturing faults.
- Scratches, scrapes, abrasions, knocks, falls, etc. caused by carelessness.
- Defects on the appliance caused by damage during transit.
4. CLAIMING AGAINST THE GUARANTEE
- Claims made for nonconformities will be limited to three years as from the date that
the goods were delivered.
- The consumer must report the existence of the defect within a period of 2 months as
from the date that the defect was discovered.
- This guarantee does not affect the consumer's statutory rights under any applicable
law, unless it is incompatible with the application of other actions derived from
compensation sought for hidden faults in the contract of sale.
- With regard to queries that may arise from the interpretation or application of this
guarantee, these will be governed by the corresponding national law.
Any discrepancy arising from the interpretation, validity or application of this contract
will be subject to the courts and tribunals of Vitoria, Spain.
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