NIKITA WARRANTY POLICY
Thank you for purchasing your NIKITA product. You will find herein/below all NIKITA warranty policy details offered by NIKITA and the NIKITA authorized retailers.
I. Warranty definition
This warranty policy is valid as of Januray 1st, 2016.
NIKITA provides this warranty to buyers who purchased the NIKITA product (Product) to Nikita. NIKITA Products are guaranteed against all manufacturing or material defects (Defect) for the Warranty Period as defined below.
NIKITA Products are compliant with their description and specifications; it is your responsibility to ensure that the Products you purchase are compatible for the intended use.
This warranty is valid and enforceable only in the country where the Product was purchased by the end user, provided that NIKITA has intended the Product for sale in that country.
Please report to the NIKITA authorized retailers list.
Depending on the country, particular and variable warranties may apply in relation to applicable legislation. Nothing in this warranty policy can exclude or limit these statutory provisions.
The Warranty Period starts at the date of retail purchase of the Product by the original end-user purchaser. The product may consist of several different parts and different parts may be covered by different warranties periods (please report to “Warranty Period”).
The different Warranties Periods are:
a. Two (2) years for winter sports trousers and jackets
b. One (1) years for other products
To the extent permitted by national laws, the Warranty Period will not be extended, renewed or otherwise affected due to subsequent resale, repair or replacement of the Product.
However, part(s) repaired or replacement product(s) during the Warranty Period will be warranted for the reminder of the original Warranty Period provided replacement or repair has been performed by NIKITA or an authorized NIKITA retailer.
Depending on the country, particular and variable Warranties Periods may apply in relation to applicable legislation.
Nothing in this warranty policy can exclude or limit these statutory provisions.
II : The warranty does not cover:
• Damages due to transportation
• Damages due to storage
• Damages due to improper use of the products and poor maintenance
• Damages due to non-observance of the instructions or restrictions for use of the products as defined in the products owner manual
• Damages due to the products normal wear and tear
• Damages due to non-observance of the instructions for maintenance as defined in the products owner manual
• Damages due to modification of the products
• Damages due to any impact caused by sharp items, due to torsion, compression, a fall, an abnormal impact or other actions that cannot be under NIKITA’s reasonable control.
The present warranty is not enforceable if :
1. The Product is not returned in its original packaging, if it has been modified or repaired by any person or entity other than NIKITA or an authorized NIKITA retailer;
2. The Product has been repaired with unauthorized spare parts;
3. The Product serial number has been removed, deleted, altered or made illegible.
III : Warranty enforcement
In case of Defect, NIKITA agrees to accept the claim, replace or repair the Product at no charge for the end-user and return it. This shall be determined in the sole discretion of NIKITA or his authorized retailer, unless this is impossible or disproportionate.
The remedy will be deemed to be disproportionate by NIKITA if it imposes costs on NIKITA which, in comparison with the alternative remedy, are unreasonable, taking into account :
• The value the goods would have if there were no Defect,
• The significance of the Defect,
• Whether the alternative remedy could be completed without significant inconvenience to the consumer.
NIKITA agrees that all repair or replacement of the Product will occur within a reasonable period and without any major inconvenience for the consumer, taking account of the good’s kind and its fitness for purpose.
The consumer is not entitled to have the contract rescinded if the Defect is minor.
For all warranty claims, please produce the Product and the proof of purchase to the nearest authorized NIKITA retailer.
Limitation of Liability
TO THE EXTENT PERMITTED BY NATIONAL LAWS, THE PRESENT WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. NIKITA SHALL NOT BE HELD LIABLE FOR ANY CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF CHANCE OR PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF DATA, PUNITIVE DAMAGES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED FACILITIES, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO PROPERTY, RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF NIKITA KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. NIKITA SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED WARRANTY, OR LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPAIRED.