Ledger Replace Device Protection Plan

This Commercial Warranty Contract (the "Contract") sets forth the terms and conditions for the Ledger Replace Device Protection Plan (the "Plan").  This is a paid-for service offered by Ledger that provides benefits in addition to, and not instead of, your statutory rights under applicable consumer law and any rights you may have under the Ledger One-Year Limited Warranty.  This Plan is not intended to limit such rights.

Consequently, this Contract is a contractual commitment that is distinct from legal warranties. In particular, it does not affect any of your statutory rights under the legal warranty of conformity and the legal warranty against hidden defects. 

We are LEDGER SAS, incorporated and registered in France with company number 529 991 119, whose registered office is at 106 rue du Temple, 75003 Paris, France, and its subsidiaries ("Ledger", "We", "Us", or "Our"), provides this Plan to the customer who purchased it (the "Customer" or "You"), subject to the terms and conditions stated below.

1.  Definitions

Plan: The Ledger Replace Device Protection Plan, which is the commercial warranty service described in this Contract.

Warrantor: Ledger SAS.

Customer: The individual who purchased the Plan for their Ledger device.

Product: A Ledger hardware device that is eligible for coverage under this Plan and for which the Plan was purchased.

Qualifying Issue: Any physical damage or malfunction of the Product rendering it totally or partially unusable, which is caused by an external factor and is not subject to any of the specific Exclusions, including but not limited to, the result of intentional, willful, or malicious acts by You or a third party.

Warranty Term: A period of three (3) years, commencing on the date the Product is shipped by Ledger to the Customer.

Exclusions: Cases in which the Plan cannot be applied or executed in certain cases expressly specified in this Contract. 

2.  Scope of the Commercial Warranty

During the Warranty Term, We warrant that if the Product experiences a Qualifying Issue, We will, at Our sole option, replace the Product with a Product of comparable type and quality that is new or equivalent to new in durability and performance.

Coverage Limit: The maximum number of replacements provided under this Plan is limited to one (1) replacement per each twelve-month period of the Warranty Term.

The benefits of this Plan provide a distinct advantage over consumer law and the Ledger One-Year Limited Warranty by:

• Extending the coverage period to three (3) years.

• Broadening the scope of coverage to include physical damage caused by external factors, such as impacts or drops, which are not covered by your statutory rights or the Ledger One-Year Limited Warranty.

Added Services & Benefits

In addition to the core coverage, the Plan also includes express Shipment: For all valid claims, We will provide express shipment of the replacement Product.

Geographical Scope

This Plan is available only for customers residing in countries within the European Union, Switzerland and the United Kingdom. Ledger reserves the right to restrict where it provides coverage and facilitates support under this Plan.

3.  Eligible Product Categories 

The following product categories are eligible for the Plan, provided that the product is purchased from Ledger and meets the terms and conditions of this Contract: 

• Ledger Nano S Plus 

• Ledger Nano X 

• Ledger Flex 

• Ledger Stax 

• Ledger Nano Gen5

4.  Plan Eligibility Requirements

To benefit from the Plan, all of the following cumulative conditions must be met:

• Conclusion of the Contract at the time of purchase: The Contract must be concluded on the same day as the purchase transaction for the Ledger Product.

• Category compliance: The Product must belong to one of the categories listed in Section 3 of this Contract. 

5.  Plan implementation

If you experience a Qualifying Issue, you must report your claim within thirty (30) days of discovering the issue by following the instructions below.

Submit Your request: Visit the dedicated Ledger Replace plan portal   //my-order.ledger.com and provide all required information, including a description of the issue and proof of purchase for both the Product and the Plan.

Follow Instructions: Upon review, We will provide you with instructions on how to prepare and ship your Product.

Return Device: You must return the original, damaged Product to Us. 

If the damaged device is not returned to Us within thirty (30) days of receiving your replacement Product, We will charge You for the full retail cost of the replacement Product.     

IMPORTANT CUSTOMER RESPONSIBILITY: The Plan provides for the replacement of the Product hardware only. Ledger is not responsible for data backup, data recovery, the security, or the loss of any crypto assets.  It is your sole responsibility to ensure the security of your Secret Recovery Phrase and to use it to recover all your crypto assets.

When returning your Product, please DO NOT INCLUDE YOUR LEDGER RECOVERY KEY, RECOVERY SHEET AND/OR SECRET RECOVERY PHRASE in the package, nor should you ever provide this information to anyone, including Us or any third-party administrator.  When shipping your Product, please send only the hardware device and nothing else. Any documentation received will be automatically destroyed.

6.  Exclusions (What’s Not Covered)

This Plan does not cover defects, damage, inoperability, functionality or other issues with respect to the Product which are caused all or in part by, or connected to, any of the following:

• Theft or loss of the Product.

• Damage caused by intentional, willful, or malicious acts by You or a third party.

• Cosmetic damage or parts considered consumable (e.g., batteries).

• Normal wear and tear or any damage caused by the natural aging of the Product.

• Damage caused by: any improper use, care, recklessness, willful or intentional acts, misuse or abuse of the Product; any unauthorized use, repair, modification, customization, replacement, cleaning, maintenance, storage or handling of the Product other than as recommended or authorized by the manufacturer; or any failure to comply with the manufacturer’s specifications and/or instructions, including using the Product with unapproved third party products or components;

• Damage caused by unauthorized repairs or modifications.

• The loss of, loss of use of, damage to, corruption of, inability to access or manipulate, or any other loss relating to, hardware, software, electronic data, data on storage media, digital assets, digital currency, cryptocurrency, or any other type of electronic currency, as a result of the malfunctioning or damage of an operating part, viruses, applications, drivers, code, or any support, configuration, installation or reinstallation of any software or data, or as a result of a Product replacement under this Plan; and

• Any failure, damage, repairs or loss that is covered under any other warranty, service plan and/or insurance.

Unless otherwise specified, this Plan does not apply for commercial, educational, rental or industrial purposes, or for any Products that are demonstration/in-store models, or that are sold “as-is”.  While this Plan covers defects in the operating system and firmware, this Plan does not apply to any third party applications or software on a Product.  We disclaim any liability or representation that this Plan will be able to replace a Product without any loss to electronic data stored within a Product.

7.  Pricing and Payment

The Plan is a paid-for service.  The price of the Plan will be clearly indicated at the time of purchase.  You agree to pay the total price as specified in your order confirmation. All payments are non-refundable, except as expressly provided for in Section 8 below.

8.  Right of Withdrawal for Consumers

WITHDRAWAL RIGHT

You have a right to withdraw from this Contract within 14 days without giving any reason.   

The withdrawal period will expire after 14 days from the day of the conclusion of the Contract.

To exercise your right to withdraw, you must inform us (Ledger, 106 rue du Temple, 75003 Paris, France) of your decision to withdraw by an unequivocal clear statement (e.g. letter sent by post or email).  You can contact us via the Contact Us link at https://support.ledger.com or by post by writing to Ledger - 106 Rue du Temple, 75003 Paris, France.  You may also use the attached Model Withdrawal Form at the end of these terms but this is not obligatory.  If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by email) without delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of right to withdrawal before the withdrawal period has expired.  When contacting us, please provide your order date, name, email address and address to help us identify your order.

EFFECTS OF WITHDRAWAL

If you withdraw from this Contract, we shall reimburse to you all payments received from you, including the costs of delivery (if any), without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to withdraw from this Contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

The right of withdrawal may only be exercised if no request for coverage has been made during this period. Otherwise, the Customer will be deemed to have waived their right of withdrawal. 

9.  Termination of the Contract

This Contract will automatically terminate upon the earliest of the following events:

• The expiration of the three-year Warranty Term.

• The provision of a third replacement Product under the terms of this Contract, as You have received the maximum number of replacements permitted for the Warranty Term.

10.  Limitation of Liability

Please note that nothing in this Contract limits Our liability for (a) fraud, willful misconduct, and if required by applicable law, gross negligence; (b) death or personal injury caused by Our negligence; or (c) any liability that cannot be excluded by law.  

Except as provided in this Contract and to the fullest extent allowed by applicable law, you expressly understand and agree that we shall not be liable to you for any direct, incidental, special, punitive, exemplary, indirect, or consequential damages of any kind whatsoever and we hereby disclaim all such damages, including, but not limited to, loss of anticipated savings, loss of use, loss of or damage to goodwill or reputation; loss of actual or anticipated profits, loss of sales, opportunity, or business, revenue, loss or corruption of data, including the loss of, loss of use of, damage to, corruption of, inability to access, inability to manipulate, or any other loss relating to crypto assets or currency, regardless of legal theory, without regard to whether We have been made aware of the possibility of those damages, and even if a remedy fails of its essential purpose.

WITH THE EXCEPTION OF MANDATORY STATUTORY CONSUMER RIGHTS, INCLUDING BUT NOT LIMITED TO THE LEGAL WARRANTY OF CONFORMITY AND LIABILITY FOR DAMAGES CAUSED BY DEFECTIVE PRODUCTS, THIS CONTRACT DOES NOT CREATE ANY IMPLIED WARRANTIES, CONDITIONS OR OTHER IMPLIED TERMS. ANY IMPLIED WARRANTIES, CONDITIONS OR OTHER IMPLIED TERMS CREATED BY APPLICABLE LAWS (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE CREATED BY LAW) ARE LIMITED IN DURATION TO THE WARRANTY TERM OF THIS CONTRACT. SOME LAWS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY, CONDITION OR OTHER IMPLIED TERM LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

In no event shall Our maximum aggregate liability under this Contract exceed the cost of a replacement Product provided under the terms of this Contract.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

11.  Data Privacy

Any personal information you provide will be managed in accordance with Our Privacy Policy. By entering into this Contract, you consent to the collection and use of your personal data for the purpose of administering this Plan, including sharing necessary information with third parties assisting Us in the administration and delivery of the Plan.

The Warrantor undertakes to comply with the regulations applicable in the European Union, Switzerland, and the United Kingdom regarding the protection of personal data. 

12.  Severability

If any content of this Contract is declared void or inapplicable, it shall be deemed to be replaced by valid content reflecting as closely as possible the objective pursued by the original content. The other content shall not be affected and shall remain in full force and effect.

13.  Governing Law and Jurisdiction

This Plan and all disputes arising out of or related to it shall be governed by and interpreted in accordance with the laws of France. This choice of law and jurisdiction does not affect any mandatory consumer protection laws in your country or state of residence which may offer more favorable protection.

Except to the extent applicable law provides otherwise, any dispute will be referred to and resolved by the competent courts of Paris, France.

The Terms have been translated and made available into different languages. Notwithstanding their translation, you agree that, in the event of a dispute arising out of or relating to these Terms, only the English version of these Terms shall be referred to and prevail.