When you purchase one or more products (the "Product" or "Products") presented on our website (the "Site") or sold in any store which are owned and operated by SKIS ROSSIGNOL SAS or its affiliates, your Product is covered by legal warranties, to which may be added a commercial warranty for designated Products, when this is expressly indicated either on the Product sheet or on the Site. For the application of any warranty, it will be mandatory to present the proof of the Product’s purchase. The Products are sold, depending on the category you choose:
- New and without defects ("1st choice Products")
- New, with one or more defects of aspect listed and presented only on a dedicated page ("2nd choice Products").It is specified that the 2nd choice Products are sold and delivered only in the countries for which there is a page specifically dedicated to the second choice Products on the Site.
WARNING: the warranties presented herein are applicable exclusively to our customers, who are natural persons purchasing a Product for purposes that do not fall within the scope of their commercial, industrial, artisanal or liberal activity. You are informed that French law is applicable to your purchase – therefore the legal warranties you are entitled to are governed by French law. Nonetheless, in case a mandatory legal provision that is more protective of consumers exists in your country, then this provision will apply instead of the less advantageous French Legal warranties.
We remind you that some Products require assembly and/or adjustment by a professional.
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, if any. Failure to comply with the instructions contained therein may result in the cancellation of the warranty.
You are entitled to the application of the legal warranty of conformity of the Products (articles L217-4 and following of the French Consumer Code) as well as the legal guarantee of hidden defects (articles 1641 to 1649 of the French Civil Code).
1.1 Legal warranty of conformity:
- We are responsible for providing a product that complies with the contract between us. Therefore, the Product must correspond to the description that we have provided to you, and must have the qualities normally expected of a similar product. 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 contractually entrusted to us or has been carried out under our responsibility;
- We are liable for defects in conformity that appear during 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 limitation period for the customer's action is the day on which the customer becomes aware of the lack of conformity.
1.2 Warranty for hidden defects:
- We are also responsible for hidden defects in the Product (redhibitory defects), which are defects that make the Product unsuitable for the use for which it was intended, or that so impair that use that you would not have purchased it, or would have given a lower price for it, if you had known about these defects.
- This action for hidden defects 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.
- To exercise this warranty, you must prove that the following cumulative conditions are met:
- The defect must not be apparent at the time of purchase; AND
- The defect must make the Product unsuitable for its intended use or substantially affect its use; AND
- The defect existed at the time of purchase
1.3 Legal provisions
Article L217-3 Consumer Code
The seller delivers a product in conformity with the agreement as well as with the criteria stated in article L. 217-5.
He is responsible for the defects of conformity existing at the time of the delivery of the product within the meaning of article L. 216-1, which appear within two years as from this one.
In the case of an agreement for the sale of a product comprising digital elements:
1°) When the agreement provides for the continuous supply of a digital content or a digital service during a duration lower or equal to two years, or when the agreement does not determine the duration of supply, the seller answers for the defects of conformity of this digital content or this digital service which appear within a two years deadline as from the delivery of the product;
2°) Where the agreement provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller shall be liable for any lack of conformity of such digital content or digital service that appears during the period in which it is supplied under the agreement.
For such product, the applicable period does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19.
The seller shall also be liable, during the same periods, for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility under the agreement or was carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the agreement, is due to shortcomings or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to articles 2224 and following of the Civil Code. The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity.
Article L217-4 Consumer Code
The product is in conformity with the agreement if it meets, in particular, where applicable, the following criteria:
1°) It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the agreement;
2°) It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of the conclusion of the agreement and accepted by the latter;
3°) It is delivered with all the accessories and installation instructions to be provided in accordance with the agreement;
4°) It is updated in accordance with the agreement.
Article L217-5 Consumer Code
I. In addition to the criteria of conformity to the agreement, the product is conform if it meets the following criteria:
1°) It is fit for the purpose usually expected of a product of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2°) Where applicable, it has the qualities which the seller has presented to the consumer in the form of a sample or model before the conclusion of the agreement;
3) Where applicable, the digital elements it contains are provided in the most recent version available at the time the agreement is concluded, unless the parties agree otherwise;
4°) Where applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5°) Where applicable, it is supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;
6°) It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for products of the same type, taking into account the nature of the products as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on the label.
II. However, the seller is not bound by any of the public statements mentioned in the preceding paragraph if he demonstrates:
1°) That he did not know them and was not legitimately able to know them;
2°) That, at the time the agreement was entered into, the public statements had been corrected in a manner comparable to the original statements; or
3°) That the public statements could not have influenced the decision to purchase.
III. The consumer may not contest the conformity by invoking a defect concerning one or more particular characteristics of the product, which he was specifically informed deviated from the criteria of conformity set out in this article, deviation to which he expressly and separately consented at the time of the conclusion of the agreement.
Article L217-12 Consumer Code
The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or involves disproportionate costs with regard to, in particular:
1°) The value that the product would have in the absence of lack of conformity;
2°) The significance of the lack of conformity; and
3°) The possibility of choosing the other option without major inconvenience to the consumer.
The seller may refuse to bring the products into conformity if this is impossible or would entail disproportionate costs, particularly with regard to 1°) and 2°).
When these conditions are not respected, the consumer can, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 and following of the civil code.
Any refusal by the seller to proceed according to the consumer's choice or to bring the products into conformity shall be motivated in writing or on a sustainable support.
Article 1641 Civil Code
"The seller is bound by the warranty on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them".
Article 1648 paragraph 1 Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect".
Our customers are expressly informed that 2nd Choice Products may randomly contain one or more appearance defects, more or less visible, listed and presented in the page dedicated to the 2nd Choice Products on the Site (hereinafter collectively the "Appearance Defects"). The customer choosing to purchase a 2nd Choice Product acknowledges having been fully
informed of the existence of these Appearance Defects prior to the purchase of a 2nd Choice Product, and accepts them without reservation. Accordingly, all customers are informed and agree that all Appearance Defects present on the 2nd Choice Product purchased are NOT GUARANTEED. Thus, 2nd Choice Products may NOT be refunded, exchanged, or repaired due to the presence of one or more Appearance Defects.
For any defect other than an Appearance 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 2nd choice Product can only be replaced by an equivalent 2nd choice Product of same value. In all circumstances, a 2nd choice Product may NOT be exchanged for a 1st choice Product. In case of unavailability of an equivalent 2nd choice Product, and when the repair is materially impossible or involves a manifestly disproportionate cost for us, the customer will be refunded.
We may offer to our customers, in addition to the legal warranties applicable to all of our Products, a commercial warranty that applies exclusively to some identified Products. Any 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 commercial warranty applies, when it exists, either when the legal warranty cannot or no longer be exercised, or when the commercial warranty is more advantageous to you. The commercial warranty does not have the effect of dismissing or cancelling the effects of the legal warranties.
Currently, only our bikes (presented among our 1st choice Products) benefit from a commercial warranty. This one is detailed on the page dedicated to our bikes.
Legal and commercial warranties will be excluded in case of damages resulting from:
- Failure to comply with installation, assembly or set-up 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;
- Normal wear and tear of the Products, including fatigue. It is the customer's responsibility to care or have it cared in accordance with the instructions provided in the user manuals, if any;
- Repair of the Product or removal and/or replacement of component(s) not performed by a specialized professional and/or;
- The use of non-authentic and non-approved spare parts; and/or
- The addition of accessory(ies) whose compatibility with the Products has not been previously and expressly validated by us and carried out by a specialized professional, and/or
- 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 the order of Product;
- Ddjustment, setting, assembly and/or care 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 to do so. In this respect, we remind you that the assembly and adjustment of some Products must be carried out either by a specialized retailer with the appropriate technical knowledge and tools, or directly by the manufacturer;
- A shock by torsion, compression, fall or abnormal impact of the Product leading to a modification of the Product;
- Scratching or degradation of the decorative elements of the Product due to its use;
- Alteration of the colors and/or size and/or texture of the Products resulting from normal wear and tear and/or improper care of the Product;
- Products with a serial number that has been removed or is incomplete;
- Theft or loss;
- Damages caused by use of solvents and adhesives;
- Additional exclusion of warranty applicable specifically to skis and bindings: ski indentation in top sheets caused by ski to ski contact, snapped skis/snowboards/poles/bikes caused by uncontrolled impact and/or crash.
We undertake, according to your choice, to either:
- replace your Product against another Product of the same category and value. The Products are replaced subject to availability; OR
- repair at our expense the Product if it is possible and send it back to you at the address you have indicated.
The repair and, if necessary, the shipment of the Product replaced or repaired will be free of charge for you.
If we are unable to repair or replace the Product that is the subject of your warranty claim, we will give you a full refund of the price of the Product (with return of the Product in accordance with the terms of our General Terms of Sale).
It is nevertheless brought to your attention that if one of these choices is materially impossible to implement, or entails a disproportionate cost for us, we reserve the right to choose the most appropriate option, in accordance with Articles L217-12 of the French Consumer Code.
How to exercise the warranty:
You can contact our Consumer Service:
- by e-mail at the following address: https://www.rossignol.com/se/contactus/
- by mail: SKIS ROSSIGNOL - Consumer Service - 98 rue Louis Barran - 38430 Saint Jean de Moirans - France.
No warranty shall extend beyond the warranties (statutory and commercial) described herein. 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 and exclusions may not apply to you.
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