Volcom’s guarantee policy applies when a product is used under normal conditions for the purposes it is designed for.
This guarantee does not cover:
– Deterioration caused by normal wear and tear;
– Deterioration caused by inappropriate use and/or negligence;
– Deterioration caused by inadequate upkeep;
– Deterioration caused by natural degradation of colours and materials over time;
– Deterioration caused by incidental or consequential damage;
– Deterioration caused by alterations to a product.
To claim under the guarantee, contact the Volcom reseller from whom the product was bought: the physical point of sale or the third-party seller website.
PURCHASES FROM OFFICIAL VOLCOM WEBSITES
The Volcom guarantee policy below only applies to purchases from the following websites:
www.volcom.eu
www.volcom.es
www.volcom.fr
www.volcom.de
www.volcom.ch
www.volcom.co.uk
The Volcom websites do not offer an after-sales service for purchases from physical brand stores or multi-brand stores.
Legal guarantee policy
All products for sale on the websites are subject to the legal guarantee of conformity (Articles L. 217-1 et seq. of the French Consumer Code) and to the hidden defect guarantee (Article 1641 et seq. of the French Civil Code), meaning you can return any defective or nonconforming products.
Volcom, a company with a registered office at 1 allée Belharra, Baia Park, Anglet 64600, France, guarantees the conformity of products under the contract within the scope of these two legal guarantees.
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“The consumer has two years after an item is delivered to claim under the legal guarantee of conformity if a conformity issue appears. During this period, the consumer is only obliged to prove the conformity issue exists and not the date it appears.
Where the sales contract for an item involves the supply of digital content or a digital service on an ongoing basis for over two years, the legal guarantee applies to this digital content or service throughout the supply period specified.
During this period, the consumer only has to prove the existence of the conformity issue affecting the digital content or service and not the date it appears. The legal guarantee of conformity creates an obligation for the professional to supply, where relevant, all the updates needed to ensure the item continues to conform.
The legal guarantee of conformity gives the consumer the right to a repair or replacement for an item within thirty days of their request, free of charge and without significant inconvenience to themselves.
If the item is repaired under the legal guarantee of conformity, the consumer has a six-month extension on the initial guarantee.
If the consumer asks for the item to be repaired, but the seller forces them to accept a replacement, the legal guarantee of conformity is renewed for a period of two years after the date the item is replaced.
The consumer can obtain a reduction on the purchase price by keeping the item or end the contract by receiving a full refund for returning the item if:
1. The professional refuses to repair or replace the item;
2. The repair or replacement of the item happens after thirty days;
3. The repair or replacement of the item causes significant inconvenience to the consumer, such as if the latter has to cover return or collection costs for the nonconforming item, or must bear the cost of installing the repaired or replacement item;
4. The item’s nonconformity continues despite the seller’s attempt to make it conform.
The consumer also has the right to a price reduction for the item or to cancel the contract when the conformity issue is so serious that it justifies an immediate price reduction or contract cancellation. In this situation, the consumer is not required to ask for a repair or replacement of the item first.
The consumer does not have the right to cancel the sale if the conformity issue is minor.
Any period during which the item is unavailable to use because it is being repaired or replaced suspends the remaining guarantee until the reconditioned item is delivered.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
Any seller who in bad faith obstructs the application of the legal guarantee of conformity will incur a civil fine of a maximum of 300,000 euros, which may be increased to 10% of their average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer is also covered by the legal hidden defect guarantee as set out in Articles 1641 to 1649 of the French Civil Code for two years after a defect is discovered. This guarantee allows for a price reduction if the item is kept or for a full refund if the item is returned.”
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Application of legal guarantees
- Please submit your claim under the guarantee to eu.service@volcom.eu. Attach the following information:
- 1 or 2 photographs of the damaged/defective item;
- The order number for the online purchase;
- The model number and;
- The reference number of the damaged/defective item.
(Volcom reserves the right to reject any incomplete claims.)
- When our specialist technicians have received and considered your claim, we will contact you to offer a refund under the guarantee.
If our Quality team conclude there is a defect, you will receive a refund for the total item cost. One of our representatives will tell you how to return the item. Once the item is received by Volcom, the refund will be issued to the payment method used when you ordered (card or PayPal).
GUARANTEE POLICY EXEMPTIONS
Volcom’s online services may deviate from the guarantee policy to apply it to the following exceptions:
- If a purchase is made outside the EU but the client currently resides in the EU;
- If the Volcom reseller is uncontactable;
- If the store is closed.
Please contact us by email: eu.service@volcom.eu.
All our products are covered by the legal guarantee as long as use of them has been normal and upkeep advice has been followed.
EXTRACTS FROM THE FRENCH CONSUMER CODE AND CIVIL CODE:
Legal guarantee of conformity
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Article L. 217-3 of the French Consumer Code: The seller should provide an item in accordance with the contract and the criteria set out in Article L. 217-5.
They are liable for any conformity issues that exist when the item is delivered within the meaning of Article L. 216-1 that appear within two years of delivery.
Where the sales contract includes digital elements:
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If the contract specifies the continuous supply of digital content or a digital service for under two years or exactly two years, or the contract does not indicate how long the supply will continue, the seller is liable for any conformity issues with this digital content or digital service that appear within two years of the item being delivered;
2. If the contract specifies the continuous supply of digital content or a digital service for over two years, the seller is liable for any conformity issues with this digital content or digital service that appear during the period of supply under the contract.
For such items, the applicable period does not deprive the consumer of their right to updates in accordance with Article L. 217-19.
In the same period, the seller is also liable for conformity issues caused by packaging, or assembly or installation instructions where installation is their responsibility under the contract or has been undertaken on their behalf, or where incorrect installation, carried out by the consumer as provided for in the contract, is caused by gaps or errors in the installation instructions provided by the seller.
This guarantee period applies without prejudice to Articles 2224 et seq. of the French Civil Code. The period during which the consumer can take action begins on the day the consumer discovers the conformity issue.
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Article L. 217-4 of the French Consumer Code: The item conforms with the contract if it meets the following criteria, as applicable:
- It matches the description, type, quantity and quality, particularly regarding functionality, compatibility, interoperability or any other characteristic set out in the contract;
- It is fit for any particular purpose that is sought by the consumer, that the seller has been made aware of by the time the contract is concluded and that the latter has accepted;
- It is delivered with all accessories and installation instructions, which must be provided in line with the contract;
- It is updated in accordance with the contract.
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Article L. 217-5 of the French Consumer Code: - As well as the conformity criteria in the contract, the item conforms if it meets the following criteria:
It is suitable for the habitual expected use of a similar item, taking into account any relevant provisions in European Union or national law and all technical standards or, in their absence, specific codes of conduct applicable to the sector concerned;
It has the qualities the seller has shared with the consumer in the form of a sample or model before the conclusion of the contract;
Where relevant, the latest version of its digital elements are provided when the contract is concluded, except if the parties agree otherwise;
If applicable, it is delivered with all accessories, including packaging, and installation instructions the consumer could legitimately expect;
Where relevant, it is supplied with the updates the consumer could legitimately expect, in accordance with Article L. 217-19;
It matches the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer could legitimately expect for items of the same type, given the nature of the item and any public statements made by the seller, by anyone upstream in the transaction chain, or by anyone acting on their behalf, including on advertising or labelling.
II.- However, the seller is not bound by the public statements mentioned in the previous section if they demonstrate:
That they were not aware of them and could not legitimately have known about them;
2. That, when the contract was concluded, the public statements had been corrected in conditions comparable to the initial statements; or
3. That the public statements could not have influenced the buying decision.
III.- The consumer cannot contest conformity by citing an issue with one or more particular features of the item if the consumer was specifically informed that these were not subject to the conformity criteria in this article, to which they expressly and separately agreed during the conclusion of the contract.
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Article L. 217-7 of the French Consumer Code: Conformity issues that appear within twenty-four months after the item is delivered, including an item with digital elements, are, unless proved otherwise, deemed to have existed on delivery unless this assumption is incompatible with the nature of the item or the issue specified.
For second-hand goods, the timeframe is twelve months.
Where the sales contract for an item including digital elements provides for the continuous supply of digital content or a digital service, any conformity issues that appear are deemed to have existed on delivery:
1. For two years after delivery of the item, where the contract provides for this supply for under two years or exactly two years, or the contract does not indicate how long the supply will continue;
For the period during which the digital content or service is supplied under the contract, where the latter provides for this supply for over two years.
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Article L. 217-12 of the French Commercial Code: Conformity issues that appear within twenty-four months after the item is delivered, including an item with digital elements, are, unless proved otherwise, deemed to have existed on delivery unless this assumption is incompatible with the nature of the item or the issue specified.
For second-hand goods, the timeframe is twelve months.
Where the sales contract for an item including digital elements provides for the continuous supply of digital content or a digital service, any conformity issues that appear are deemed to have existed on delivery:
1. For two years after delivery of the item, where the contract provides for this supply for under two years or exactly two years, or the contract does not indicate how long the supply will continue;
For the period during which the digital content or service is supplied under the contract, where the latter provides for this supply for over two years.
Any refusal by the seller to accept the consumer’s choice or make the item conform must be given in writing or on a durable medium.
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Article L. 217-13 of the French Consumer Code: Any item repaired under the legal guarantee of conformity has this guarantee extended by six months.
If the consumer agrees to a repair but this is not accepted by the seller, the provision of a replacement to achieve conformity triggers a new legal guarantee of conformity period for the replacement. This guarantee applies from the day the replacement item is delivered to the consumer.
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Article L. 217-28 of the French Consumer Code: Where the consumer asks the seller during the legal or commercial guarantee period granted when acquiring or repairing an item, for reconditioning covered by the guarantee, any period of non-availability suspends the remaining guarantee until the reconditioned item is delivered.
This period runs from when the consumer requests the intervention or provides the relevant item for repair or replacement if the latter point is more favourable for the consumer.
The guarantee period is also suspended when the consumer and seller enter into negotiations with a view to coming to an amicable settlement.
Hidden defect guarantee
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Article 1641 of the French Civil Code: The seller is responsible for any hidden defects in the item sold that make it unfit for its intended purpose or limit its use to such a degree that the buyer would not have acquired it, or would have paid less for it, if they had known about them.
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Article 1648 paragraph 1 of the French Civil Code: Legal action based on a hidden defect must be brought by the purchaser within two years of the defect being discovered.
In the situation covered in Article 1642-1, action must be brought, or it will not be admissible, in the year following the date on which the seller is no longer liable for visible defects or conformity issues.
