WARRANTY POLICY
Version of Septmeber 1st 2023
When you purchase one or more products (the "Product" or "Products") on our website www.rossignol.com (the "Site") or from a store owned and operated by SKIS ROSSIGNOL, the Product is covered by a legal warranty, which may be complemented by a commercial warranty, where this is expressly stated either on the product sheet or on the Site. For the application of any warranty, it is essential to present the proof of purchase. We remind you that if a mandatory legal provision of the Country is more favorable to you than that set out herein, the said more favorable provision shall apply.
The Products are sold, depending on the category you choose:
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New and without defects ("1st choice Products")
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New, with one or more defects of aspect listed and presented only on a dedicated page ("Product with Aesthetic defect"). It is specified that the "Product with Aesthetic defect" are sold and delivered only in the countries for which there is a page specifically dedicated to the Product with Aesthetic defect or "Appearance Defects" on the Site.
WARNING: the guarantees presented on this page are applicable only to consumer customers. This means that only natural persons purchasing a Product for purposes that are not part of their commercial, industrial, artisanal or liberal activity are concerned.
We remind you that some Products require assembly and/or adjustment by a professional.
In general, the information relating to the use of the Products and in particular the safety rules, the conditions of assembly or installation, and the conditions of maintenance of these Products are contained in the instructions for use or user guide delivered with the Product. Failure to comply with the instructions contained therein may result in the invalidation of the warranty.
1. LEGAL WARRANTY 1st CHOICE PRODUCTS
You benefit from the application of the legal guarantee of conformity of the Products (articles L217-4 and following Consumer Code) as well as the legal guarantee of hidden defects (articles 1641 to 1649 Civil Code).
1.1 Legal warranty of conformity :
We are responsible for providing a good that conforms to the agreement that binds us. The Product must correspond to the description that we have provided to you, and must have the qualities normally expected of a similar good. We shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at our charge by the agreement or has been carried out under our responsibility.
We shall be liable for any lack of conformity which occurs within a period of two years from the date of purchase. This warranty period applies without prejudice to articles 2224 and following of the Civil Code. The starting point of the prescription of the action of the consumer is the day of the knowledge by the latter of the defect of conformity.
1.2 Warranty for hidden defects:
We are also responsible for hidden defects in the Product (redhibitory defects), which are defects that render the Product unfit for the purpose for which it was intended, or that so diminish that purpose that you would not have purchased it, or would have paid a lower price for it, if you had known about them.
This action for latent defect must be exercised within a maximum period of two years from its discovery, and at the latest 5 years after your acquisition of the Product.
In all cases, to exercise this warranty, you must prove that you meet the following cumulative conditions:
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The defect must not be apparent at the time of purchase; AND
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The defect must render the good unfit for its purpose or greatly diminish its use; AND
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Exist at the time of purchase
2. LEGAL WARRANTY "PRODUCT WITH AESTHETIC DEFECT"
Our customers are expressly informed that the "Product with aesthetic defect" may randomly present one or more appearance defects, more or less visible, listed and presented in the dedicated page to "Product with aesthetic defect" on the Site (hereinafter collectively the "Aesthetic defect(s) ").
The customer choosing to purchase a Product with Aesthetic defect acknowledges having been fully informed of the existence of these Aesthetic defect prior to the purchase of a Product with Aesthetic defect, and accepts them without reservation. Accordingly, all customers are informed and agree that all Appearance Defects are NOT GUARANTEED. Thus, Product with Aesthetic defect(s) may NOT be refunded, exchanged, or repaired due to the presence of one or more Aesthetic defect(s).
For any defect other than an Aesthetic defect, the legal warranties continue to apply under the same conditions as for 1st choice Products. However, if the choice of exchange has been retained, it is expressly stated that a Product with aesthetic defect can only be replaced by an equivalent Product with aesthetic defect. In any case, a Product with aesthetic defect can NOT be exchanged for a 1st choice Product. In case of unavailability of an equivalent Product with aesthetic defect, and when the repair is materially impossible or involves a manifestly disproportionate cost for us, the customer will be refunded.
3. COMMERCIAL GUARANTEES
We may offer our customers, in addition to the legal warranties applicable to all of our Products, a commercial warranty that applies restrictively to certain named Products. Any extension of warranty or commercial warranty must be expressly and clearly provided for in order to be exercised.
We are under no obligation to grant a commercial warranty on all or part of our Products.
This extended warranty applies, when it exists, either when the legal warranty cannot or no longer be applied, or when the extended warranty is more favorable to you. The extended warranty does not override or cancel the effects of the legal warranty.
Currently, only our bicycles (presented among our 1st choice products) benefit from a commercial warranty. This is detailed on the page dedicated to bikes.
4. EXCLUSION OF WARRANTY
Excluded from the legal and commercial warranties are damages resulting from:
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Failure to comply with installation, assembly or mounting instructions, any abusive or inappropriate use, accidents, or any other use for which the Product was not designed, in the event of failure to comply with the warnings in the user manuals and, more generally, in the event of failure to comply with the conditions of use of the Products as provided in the user manuals, if any;
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Normal wear and tear of the Products, including fatigue. It is the customer's responsibility to maintain or have maintained each Product in accordance with the instructions provided in the user manuals, if any;
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Repair of the Product or removal and/or replacement of component(s) not performed by a specialized professional and/or;
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The use of non-genuine and non-approved spare parts; and/or
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The addition of accessory(ies) whose compatibility with the Products has not been expressly validated by us and carried out by a specialized professional, and/or
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The possible consequences of a wrong adjustment of the Products made by a third party and/or made on the basis of erroneous information transmitted by the customer at the time of ordering the Product,
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Adjustment, setting, assembly and/or maintenance of the Product by a non-professional when the intervention of a specialized professional was required by the user manuals or the Product's instructions. In this respect, we remind you that the assembly and adjustment of certain Products must be carried out either by a specialized retailer with the appropriate technical knowledge and tools, or directly by the manufacturer;
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A shock by torsion, compression, fall or abnormal impact of the Product leading to a modification of the Product;
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Scratches or damage to the decorative elements of the Product due to its use;
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Alteration of the colors and/or size and/or texture of the Products resulting from normal wear and tear and/or improper maintenance of the Product;
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Products with a serial number that has been removed or is incomplete,
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The presence of one or more Appearance Defects in the appearance of a 2nd choice Product
5. IMPLEMENTATION OF LEGAL GUARANTEES
As part of the legal/commercial guarantees you benefit from, we commit ourselves according to your choice to either:
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Replace your 1st choice Product against another 1st choice Product of the same category and value. If it is a Product with Aesthetic defect, this one will be able to be replaced only by a Product with Aesthetic defect of the same value. Products are replaced subject to availability;
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Repair the Product at our expense if this is possible and send it back to you at the address indicated by you.
The repair and, if necessary, the shipment of the replaced or repaired Product will take place at no cost to you.
If we are unable to repair or replace the Product that is the subject of your warranty claim, you will receive a full refund for the Product (with the return of the Product in accordance with the terms of our General Terms & Conditions).
It is nevertheless brought to your attention that if one of these choices is materially impossible to implement, or involves a manifestly disproportionate cost for us, we reserve the right to choose the most appropriate option, in accordance with Articles L217-12 of the Consumer Code.
6. LIMITS
No warranty shall extend beyond the warranties (statutory and commercial) described herein, unless otherwise provided by law in your Country in Europe. All other warranties, express or implied, including but not limited to warranties of merchantability and/or fitness for a particular purpose, are expressly excluded.
Some jurisdictions do not allow the exclusion or limitation of implied warranties or consequential damages, so the above limitations or exclusions may not apply to you.
7. CUSTOMER SERVICE – CONTACTS
Our Consumer Service is at your disposal at the times indicated on the Site and the number displayed on the Site (free number from a landline, surcharged call from a mobile depending on your operator).
You can also contact our Consumer Service:
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by email at the following address: customer.care@rossignol.com
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by mail: SKIS ROSSIGNOL - Service Consommateurs - 98 rue Louis Barran - 38430 Saint Jean de Moirans - France.
To open a warranty request, please use the form you can find here.
8. LEGAL PROVISION (APPENDIX OF THE ARTICLE D.211-2 OF THE FRENCH CONSUMER CODE)
“The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in case of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
"Where the agreement for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty shall apply to that digital content or digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service and not the date of its appearance.
"The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all the updates necessary to maintain the conformity of the goods.
"The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, without charge and without major inconvenience to him.
"If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
"If the consumer asks for the good to be repaired, but the seller imposes a replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.
"The consumer may obtain a reduction in the purchase price by keeping the good or terminate the agreement by obtaining a full refund against return of the good, if:
" 1° The trader refuses to repair or replace the goods ;
"2° The repair or replacement of the goods takes place after a period of thirty days;
"3° The repair or replacement of the goods causes a major inconvenience to the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replaced goods;
"4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
"The consumer is also entitled to a reduction in the price of the goods or to rescission of the agreement when the lack of conformity is so serious that it justifies the reduction in price or the rescission of the agreement being immediate. The consumer is then not required to first request repair or replacement of the goods.
"The consumer is not entitled to rescind the sale if the lack of conformity is minor.
"Any period of immobilization of the goods for repair or replacement suspends the warranty that remained until the delivery of the repaired goods.
"The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
"The seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
"The consumer also benefits from the legal guarantee of hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good."