LA ROCHE-POSAY CANADA LIMITED WARRANTY (THE “LIMITED WARRANTY”)
L’Oréal Canada Inc., doing business as La Roche Posay Canada (“LRP”), represents and warrants to the original purchaser (“Purchaser”) that MY SKIN TRACK BY LA ROCHE-POSAY devices and accessories (“Product”) are free from material defects, including improper or inferior workmanship, materials, and design, during the designated Limited Warranty period, and subject to the following terms and conditions, when used normally and in accordance with all operating instructions:
1. Limited Warranty Period: Coverage under this limited warranty is limited to a period of 12 months from the date of purchase of the device, including the charger and related accessories (if included in the box set).
2. This Limited Warranty only applies to Products manufactured by or for LRP and that can be identified by the “LRP” trademark, trade name, or logo affixed to them. The limited warranty does not apply to any non-LRP products or software.
3. The Limited Warranty extends only to Purchasers who purchased the Product in Canada and is not assignable or transferable to any subsequent purchaser/customer.
4. During the Limited Warranty period, LRP will repair or replace at LRP’s sole option, any parts of the Product that are defective or malfunction during normal usage. LRP reserves the right to use new or refurbished replacement parts in repair of the Product.
5. At LRP’s request, Purchaser must prove the date of the original purchase of the Product by a dated bill of sale or dated itemized receipt.
6. This Limited Warranty does not cover damage resulting from:
a) Abuse, accident, misuse, improper storage, exposure to liquid, moisture, or dampness;
b) External causes such as from collision, fire, flooding, sand, dirt, windstorm, lightning, or earthquake;
c) Exposure to extreme weather conditions, Acts of God, theft, blown fuse, or improper use of any electrical source;
d) Computer or internet viruses, bugs, worms, Trojan Horses, cancel bots;
e) Use with non-LRP products or products not recommended for use with LRP products;
f) Normal wear and tear of the Product;
g) Usage of Product other than its normal and customary manner;
h) Improper testing, operation, maintenance, installation, or any alteration or modification of Product;
i) Consumable parts, such as batteries, unless damage has occurred due to a defect in LRP materials and workmanship;
j) Service performed by anyone who is not a LRP representative or an authorized LRP service provider;
k) Cosmetic damages, including but not limited to dents or scratches in decorative, structural, or non-operative parts resulting from normal customer use;
l) Spillage of food or liquid, corrosion, rust or incorrect voltage; and
m) Viruses or other software problems introduced into the Product.
7. LRP does not warrant that the operation of this product will be uninterrupted or error-free.
8. This Limited Warranty will also be null and void in any of the following events:
a) The serial number or warranty seal of the Product has been altered, defaced or removed;
b) Any term contained in this Limited Warranty has been altered or modified in any way without prior written consent of LRP;
c) LRP has not been notified by Purchaser of the alleged defect or malfunction of the Product during the applicable Limited Warranty period.
9. If Product is returned to LRP after the expiration of the Limited Warranty period, LRP's normal service policies shall apply and Purchaser will be charged accordingly.
a) LRP assumes no obligation or liability beyond that which is expressly provided for in this Limited Warranty.
b) All warranty information, pricing, product features and specifications are subject to change.
10. This Limited Warranty provides Purchaser’s sole and exclusive remedy to be provided by LRP. The agents, employees, distributors, and dealers of LRP products are not authorized to make modifications to this Limited Warranty, or make additional warranties binding on LRP unless required by applicable law, such as in Quebec.
LIMIT OF LIABILITY
11. LRP’S LIMIT OF LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE THE ACTUAL CASH VALUE OF THE PRODUCT AT THE TIME PURCHASER RETURNS THE PRODUCT FOR REPAIR, AS DETERMINED BY THE PRICE PAID BY THE PURCHASER FOR THE PRODUCT LESS A REASONABLE AMOUNT OF USAGE. LRP SHALL NOT BE LIABLE FOR ANY OTHER LOSSES OR DAMAGES SUCH AS SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, ANY COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA, ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT, THE CLAIMS OF ANY THIRD PARTIES, INCLUDING SUBSEQUENT PURCHASERS, AND INJURY TO PROPERTY, RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT OR ARISING FROM BREACH OF THIS LIMITED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF LRP KNEW OF THE LIKELIHOOD OF SUCH DAMAGES). LRP 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 EXCEPT IN QUEBEC.
DISCLAIMER OF WARRANTY
12. LRP’S LIABILITY UNDER EITHER THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL BE LIMITED TO THE DURATION OF THE FOREGOING LIMITED WRITTEN WARRANTY. OTHERWISE, THE FOREGOING LIMITED WARRANTY IS PURCHASER’S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (NOT APPLICABLE IN QUEBEC).
13. Some provinces or territories do not allow exclusion or limitation of incidental, consequential, or punitive damages, or permit limitations on the length of implied warranties, so certain of these warranty limitations may not apply to Purchaser. This Limited Warranty gives Purchaser specific legal rights. Purchaser may also have other rights which vary from state to state, province to province or territory to territory. If any term of this Limited Warranty is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
14. This Limited Warranty allocates risk of Product failure between Purchaser and LRP, and LRP’s Product pricing reflects this allocation of risk and the limitations of liability contained in this Limited Warranty.
If you have any concern, question or complaint regarding this Limited Warranty, please contact Us at:
By mail: La Roche-Posay Canada, 1500 Boulevard Robert-Bourassa, Bureau 600, Montréal, Québec, H3A 3S7;
By phone: 1.888.456.7325
By email: firstname.lastname@example.org
* This contact information may change without notice. Please contact your authorized LRP retailer for updated contact information.