Proof that the machine complies with the EU legal requirements is lacking
Last April, I bought this Khione ice bath chiller for my workshops (and, of course, personal use). After unpacking the machine, I noticed that neither the machine nor the pump had a CE mark.
As this product falls under CE regulations, it is mandatory to mark the machine with the CE mark. With the CE mark, the manufacturer (Khione) declares that the product complies with essential health and safety requirements as indicated in the applicable European directives and regulations. By placing the CE marking on the product, the manufacturer
Without the CE marking, you simply don't know if the product is safe to use!
Professionally, I am an expert in CE marking and product safety. My company is a legal 'authorized representative' and we ensure that products sold on the European market meet the legal requirements. I also teach at NEN (the Dutch Standardisation Institute) in the field of CE marking.
The absence of the logo suggests that the product was imported and produced by a manufacturer outside Europe (which is fine of course) without knowledge of the European safety requirements. As Khione sells the product under its own name in the EU, it is legally considered the manufacturer. It is their responsibility that the product is tested, that there is a technical file, that they have drawn up the declaration of conformity, and that they have affixed the CE marking.
Also, the user manual lacks the declaration of conformity (DoC). Since the product most likely falls under the Machinery Directive, the DoC must be included in the user manual. It must clearly state which directives the product falls under and which standards have been applied.
I also noticed that the user manual does not meet the legal requirements.
My intention was not to be pedantic, get business out of it or put them in an awkward position, but just to ensure the safety of the product. Given my observations, I sought assurance that the product could be used safely. The only guarantee for this is a CE-approved product with a technical file with all the mandatory test reports, risk assessments, declaration of conformity, etc.
So, I contacted Khione via my private email address to share my findings and offered to jump on a call to guide them into the right direction. They assured me the product was "EC marked" (typo?) and told me one of their colleagues would contact me.
Two weeks later, after I reminded them, they were still unable to share any proof (the declaration of conformity). I decided to write a review on Trust Pilot. They responded that same day and said that they decided to come pick up the machine, no longer provide service to me, and provide no proof of certification anymore!
I told them that I had temporarily removed the review, but then would like to see a quicker response to email, asking them again for their declaration of conformity (which they should have readily available).
They responded by saying that I was blackmailing them with the "temporarily deleted" review and that they would not consult or communicate with me anymore.
I suspect that they simply imported these devices without taking any European requirements into account and now someone complained they are trying to get it certified. If they had responded to my offer to jump on a call at the beginning, they would have received free support that would have helped them sell safe products.
1 de junho de 2024
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