Limited Warranty
CLORTS LIMITED WARRANTY POLICY
BY USING YOUR CLORTS PRODUCT YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WARRANTY. BEFORE USING YOUR CLORTS PRODUCT, PLEASE READ THIS WARRANTY CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF THIS WARRANTY, DO NOT USE YOUR CLORTS PRODUCT. RETURN YOUR CLORTS PRODUCT TO THE RETAILER OF PURCHASE. SEE THE RETAILER’S RETURN POLICY FOR DETAILS AND/OR ADDITIONAL RETURN REQUIREMENTS.
This warranty contains a binding arbitration agreement and a class action waiver for United States residents. If you live in the United States, the binding arbitration agreement and class action waiver affect your rights under this warranty. Please read the text under the section titled “Binding Arbitration Agreement; Class Action Waiver (U.S. Residents Only)” carefully.
CLORTS distributes its products through its worldwide network of authorized CLORTS distributors and retailers and on the CLORTS Online Store at the URL: www.clorts.us. As used herein, CLORTS means Xiamen Zongsen Trading Co., Ltd.
You will find below all CLORTS warranty policy details offered by CLORTS and the CLORTS authorized retailers. CLORTS Products (as defined below) purchased from unauthorized retailers carry no warranty of any kind.
If you qualify for a warranty based on the conditions below for Apparel and Footwear, please contact Clorts Customer Service via our contact page at https://clorts.us/contact-us/.
I. Limited Warranty Definition
This limited warranty policy is valid as of January 1st, 2024.
CLORTS provides this limited warranty to buyers who purchased the CLORTS product (Product) from an authorized CLORTS retailer. CLORTS Products are warranted against all non-conformance with manufacturing or material specifications for the Warranty Period as defined below.
CLORTS 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 CLORTS has intended the Product for sale in that country.
Please refer to the CLORTS 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.
Warranty Period
The Warranty Period starts at the date of retail purchase of the Product by the original end-user purchaser from an authorized retailer. The Product may consist of several different parts and different parts may be covered by different warranty periods (please refer to “Warranty Period”).
The different Warranty Periods are:
- Three (3) years for winter sports trousers and jackets
- Five (5) years for alpine ski bindings
- Two (2) years for other products
To the extent permitted by law, 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 remainder of the original Warranty Period provided replacement or repair has been performed by CLORTS or an authorized CLORTS retailer.
Depending on the country, particular and variable Warranty Periods may apply in relation to applicable legislation.
Nothing in this limited 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 product’s owner manual
- Damages due to the product’s normal wear and tear
- Damages due to non-observance of the instructions for maintenance as defined in the product’s 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 CLORTS’s reasonable control
- Purchases of Products made from unauthorized retailers
The present warranty is not enforceable if:
- The Product is not returned in its original packaging, if it has been modified or repaired by any person or entity other than CLORTS or an authorized CLORTS retailer
- The Product has been repaired with unauthorized spare parts
- The Product serial number has been removed, deleted, altered or made illegible
- The Product was purchased from an unauthorized retailer
III. Warranty Enforcement
If CLORTS determines that this Limited Warranty applies to your Product, CLORTS agrees to replace or repair the Product at no charge for the end-user and return it, or provide any other alternative remedy including but not limited to vouchers for use on clorts.us, or providing comparable alternative products when the Product is unavailable or has been discontinued. This shall be determined in the sole discretion of CLORTS or its authorized retailer, unless such remedy is impossible or disproportionate.
The remedy will be deemed to be disproportionate by CLORTS if it imposes costs on CLORTS which, in comparison with the alternative remedy, are unreasonable, taking into account:
- The value the goods would have at the time of return
- The significance of the non-conformance with CLORTS’s specifications
- Whether the alternative remedy could be completed without significant inconvenience to the consumer
When repair or replacement is determined by CLORTS to be the remedy hereunder, CLORTS will use commercially reasonable efforts to ensure that all repair or replacement of the Product will occur within a reasonable period, but shall not be liable for any delay. The consumer is not entitled to have the contract of sale rescinded if the non-conformance of the Product is minor.
For all warranty claims, you must produce the Product and the proof of purchase from an authorized CLORTS retailer.
IV. Binding Arbitration Agreement; Class Action Waiver (U.S. Residents Only)
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, UNLESS YOU HAVE BROUGHT AN ELIGIBLE INDIVIDUAL CLAIM IN SMALL CLAIMS COURT OR HAVE OPTED OUT AS DESCRIBED BELOW, ANY CONTROVERSY OR CLAIM RELATING IN ANY WAY TO YOUR CLORTS PRODUCT, INCLUDING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS WARRANTY, A BREACH OF THIS WARRANTY, OR THE CLORTS PRODUCT’S SALE, CONDITION OR PERFORMANCE, WILL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION AND CONDUCTED BY A SINGLE ARBITRATOR APPOINTED BY THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND ITS SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES.
You may learn more about the American Arbitration Association and its rules for arbitration by visiting www.adr.org or by calling 800-778-7879. Since this warranty concerns a transaction in interstate or international commerce, the Federal Arbitration Act will apply.
To the greatest extent permitted by applicable law, the filing fees to begin and carry out arbitration will be shared between you and CLORTS, but in no event will your fees ever exceed the amount allowable by the American Arbitration Association, at which point CLORTS will cover all additional administrative fees and expenses. CLORTS waives its right to recover attorneys’ fees in connection with any arbitration under this warranty. If you are the prevailing party in an arbitration to which the Supplementary Procedures for Consumer-Related Disputes applies, then you are entitled to recover attorneys’ fees as the arbitrator may determine.
The dispute will be governed by the laws of the state or territory in which you resided at the time of your purchase (if in the United States). The place of arbitration will be Cook County, Illinois, or your county of residence (if in the United States). The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator will not award consequential damages, and any award will be limited to monetary damages and will include no equitable relief, injunction, or direction to any party other than the direction to pay a monetary amount. Judgment on the award rendered by the arbitrator will be binding and final, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction. Except as may be required by law, neither you nor CLORTS nor an arbitrator may disclose the existence, content, or results of any arbitration under this warranty without the prior written consent of you and CLORTS.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. CLORTS AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
Exceptions to Binding Arbitration Agreement and Class Action Waiver
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, THEN: (1) you must notify CLORTS in writing within sixty (60) days of the date that you purchased the Product; (2) your written notification must be mailed to CLORTS at Room 407-1, No. 763 Canghong Road, Haicang District, Xiamen City, China (this address is only for receiving legal documents of commercial entities), Attn: Legal Department; and (3) your written notification must include (a) your name, (b) your address, (c) the date you purchased the product, and (d) a clear statement that you wish to opt out of the binding arbitration agreement and class action waiver. In addition, you may pursue an individual claim in small claims court in your county of residence (if in the United States) or in Cook County, Illinois. In such case, the provisions of the section titled “Binding Arbitration Agreement; Class Action Waiver (U.S. Residents Only)” will not apply, but the rules and limitations of the small claims court shall apply.
VII: Limitation of Liability
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE NO EXPRESS WARRANTIES OTHER THAN THOSE DESCRIBED ABOVE. ANY IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WILL BE LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE. SOME STATES (INCLUDING NEW JERSEY) AND PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
CLORTS WILL NOT BE RESPONSIBLE FOR LOSS OF USE, LOSS OF INFORMATION OR DATA, COMMERCIAL LOSS, LOST REVENUE OR LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF CLORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES (INCLUDING NEW JERSEY) AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN LIEU OF ANY OTHER REMEDY FOR ANY AND ALL LOSSES AND DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER (INCLUDING CLORTS’S NEGLIGENCE, ALLEGED DAMAGE, OR DEFECTIVE GOODS, NO MATTER WHETHER SUCH DEFECTS ARE DISCOVERABLE OR LATENT), CLORTS MAY, AT ITS SOLE OPTION AND IN ITS DISCRETION, REPAIR OR REPLACE YOUR PRODUCT, OR REFUND ITS PURCHASE PRICE. AS NOTED, SOME STATES (INCLUDING NEW JERSEY) AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
CLORTS SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THIS LIMITED WARRANTY, OR LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPAIRED OR REPLACED.
For all warranty claims, please refer to the FAQ/RETURN POLICY available on www.clorts.us.
This limited warranty is applicable in the United States and Canada only.