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Terms and Conditions of sale

Terms and conditions of sale ("Terms and Conditions")

  

1. Scope of application, contracting partner

These Terms and Conditions apply to all sales of Mavic products (“Products) via the online shop https://www.mavic.com/en-gb (the “Online Shop”) between Mavic SAS, a French company registered under the number 515 155 844 in Annecy, having its main office at 14, Chemin des Croiselets, ZA des Croiselets, 74370 Epagny Metz-Tessy, France with the following VAT number 269 8823 40 ("Mavic", "we" or "us" as the context may require) and you as our customer (“Customer” or “you”). 

These Terms and Conditions shall not constitute a framework agreement, which also apply to future transactions. We may change or modify these Terms and Conditions for future orders except to the extent that any change is required by law, regulation or governmental body (whether before or after we give you an order confirmation) or we notify you of any changes to these Terms and Conditions before we give you an order confirmation. The Terms and Conditions in place at the time of your order and made available in the Online Shop shall apply to your respective order. We recommend that you read the Terms and Conditions again when placing a new order. 

Deviating terms and conditions of the Customer do not apply, unless we explicitly agree to their application. 

2. Customer Service

Our Customer Service will assist you with any Online Shop order related questions. You can contact us either via the online contact form at https://www.mavic.com/en-gb or by phone at +442033215485 from Monday to Friday between 8 am and 5 pm, except on public holidays. 

3. Placing an Order

Please note that orders can only be placed by customers who have a delivery address in the United Kingdom.

To be able to buy the Product(s) you have to:

  • be a consumer, i.e. a natural person who enters into a contract for purposes which cannot be attributed predominantly to his commercial or independent profession;
  • provide your name and address, phone number, email address, payment details and other required information; 
  • be at least 18 years of age; and
  • be legally competent. 

In case you created an account with a personal user identification and password, keep your password protected and do not disclose it to anyone else as you are responsible for each purchase made using your user identification and password.

4. Information on the Order Process and Contract Conclusion

Our offers in the Online Shop shall be non-binding.

Prior to placing an order, all Products selected by you, the total price, including taxes and duties, freight, delivery, shipping and other costs, if applicable, and additional services selected by, if any, are displayed again in a window for review. You should then review the order information and correct any errors before submitting a binding order. Before the contract is concluded, the contractual provisions including these Terms and Conditions may be accessed again and may be saved in a reproducible form. By clicking the button "Place order and pay", you place your order and thus a legally binding offer. We reserve the right to accept your offer.

We confirm the receipt of your order by e-mail immediately after you have submitted the order (“acknowledgment of receipt”). This acknowledgment of receipt does not constitute an acceptance of the order. Should the ordered Products no longer be in stock, we shall inform you accordingly and reject the order. 

A contract between you and us is only concluded, if we accept the order by sending a second e-mail which confirms also the details of the shipping of the product (order confirmation) within ten calendar days after receipt of your order. Upon acceptance of the order, a contract shall be concluded on the basis of the contractual provisions, including these Terms and Conditions. If your order contains more than one Product, you may receive a separate order confirmation for each Product and/or each Product may be shipped separately. The order confirmation email will contain a tracking number. 

The conclusion of the contract is offered in English language. The order confirmation email is your proof of purchase until you receive the invoice. Please keep it. We do not save the contract after the conclusion of the contract.

5. Prices, Shipping and Delivery Costs

The purchase prices of the Products are determined according to the prices valid at the time of the order as specified in the Online Shop. 

All prices for the Product(s) specified in the Online Shop are in Pound Sterling and include VAT in the statutory amount. All other costs, such as shipping and delivery costs will be stated separately in the Online Shop during the ordering process before you submit your binding order. 

6. Delivery

We deliver the Product(s) only within the United Kingdom and subject to the following restrictions:

We are unable to deliver to:

  • P.O. Box addresses,
  • Overseas army addresses,
  • Hotels and hostels,
  • Prisons, and 
  • Guernsey, Anguilla, Ascension Island, Bermuda, Bristish Indian Ocean Territory, British Antartic Territory, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Island of Man, Jersey, Montserrat, Pitcairn Islands, Saint Helena, South Georgia and the South Sandwich Islands, Turks and Caicos Islands.

Upon your request, you can also have the Products delivered to an authorized Mavic Expert Dealer in accordance with section 7 below. 

Delivery options are as follows:

  • Standard: estimated delivery time of 3 to 7 business days 
  • Express: estimated delivery time of 1 to 2 business days
  • Delivery at Mavic Expert: estimated delivery time of 3 to 7 business days 

The estimated delivery time and delivery option will be shown during the ordering process. If you order more than one Product, different delivery periods and delivery dates may apply for each Product. The delivery option you chose will be confirmed in the order confirmation.

In case you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered Product(s) to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us. If the Product(s) remain undelivered after the first delivery attempt for a period of 7 working days and are returned to us undelivered, we shall be entitled to rescind from the contract. We will refund you any payments already made. We will carry out such reimbursement using the same means of payment as you used for the initial transaction. 

We shall not be held responsible for delayed delivery or failure to perform, if the delay or failure is due to unforeseeable circumstances beyond our control or responsibility. These include, but are not limited to, war or terrorism, strikes, national or local emergency, interruption of traffic networks, power and supply disasters, earthquakes and other natural disasters. We will immediately inform you of such circumstances. If such an impediment to performance persists for more than four weeks after the original delivery date, you are entitled to rescind from the contract without any costs. In addition, there are no further claims, in particular no claims for damages.

7. Delivery at Mavic Expert (if available in your country)

When selecting the shipping option “Delivery at Mavic Expert” you can choose to have the Products delivered to a designated Mavic dealer. The dealers to which you can have the Products delivered are set out here (“Expert Dealer”). 

We will deliver the Products ordered by you to the Expert Dealer selected by you. We will provide the Expert Dealer with the order details necessary to ensure proper handling of your order. This generally includes: (i) your name and address, your telephone number and/or email address and (ii) the content of your order (jointly “Customer Information”). The Expert Dealer will only use and save the Customer Information for handling your order. 

The Expert Dealer will inform you by email or telephone as soon as the Products are available at the Expert Dealer and will propose you to arrange an appointment for the additional services. The Products are available for pick-up by you during a time period of 30 calendar days as of notification.

To pick-up the Products you will need to present the following documents: the MAVIC order confirmation, ID or a power of attorney if the Products are collected by another person. 

If you do not collect the Products within 30 day as of notification of the Products’ availability at the Expert Dealer, the Products will be returned to MAVIC by the Expert Dealer. Your right of withdrawal as set out in these Terms and Conditions remains unaffected by this shipping option. 

Special services are available by the Expert Dealer free of charge, such as the installation and adjustment of wheels on your bike provided the Products ordered are wheels or Products related thereto and/or the installation of cleats on shoes, if the shoes have been ordered with the “Delivery at Mavic Expert” shipping option.

8. Product(s) Availability 

We do not guarantee the availability of any Product(s) in the Online Shop. Unless we already accepted the Customer’s order and the Customer has received an order confirmation from us, we reserve the right to change and discontinue any Product(s). 

9. Payment

Payment can be made by credit card (Visa, MasterCard).

We reserve the right, at every order, not to offer certain payment means but to refer to other means of payment.

All payments will be subject to security checks. Therefore our customer service may contact you to confirm your order information and order details such as proof of address, proof of address in the name of the person indicated for the delivery address etc.

The purchase price shall be due immediately upon conclusion of the contract. We will not charge your credit card before shipment of the Products. 

The Customer is only entitled to a set-off to the extent his counterclaim is uncontested, ready for decision or has been finally adjudicated. 

In the event that the Customer is in default, we shall be entitled to demand default interest. Any claims for further damages due to the default shall remain unaffected.

10. Right of withdrawal

If you have purchased from us one Product or several Products that are delivered in one delivery, the instruction on the right of withdrawal set out in Annex 1 to these Terms and Conditions applies.

If you have purchased from us several Products that are delivered in partial deliveries, the instruction on the right of withdrawal set out in Annex 2 to these Terms and Conditions applies.

To make use of your right of withdrawal you may use the model withdrawal form set out in Annex 3 to these Terms and Conditions, but this is not obligatory.

In case of a withdrawal we shall bear the direct cost of returning the products. We will send you a UPS pre-paid return label. 

11. Guarantee and warranty rights

We will not be responsible for ensuring that the Product(s) are suitable for your intended purposes, if such purposes have not been agreed between the parties, which do not reflect the usual nature of the Products or which are not described in the Online Shop. 

In the event of any defects of quality or title you are entitled to all rights pursuant to the provisions of statutory law. With regard to damage claims, section 12 shall apply. 

In addition, we grant you a legal guarantee of conformity in accordance with our guarantee terms, which can be found on our website at https://www.mavic.com/downloads/warranty/Warranty_User_Guide.pdf. Please note that the guarantee does not affect, exclude or limit your statutory rights in case of defects. The rights granted in the guarantee terms exist in addition to your statutory and contractual rights from the purchase contract.

If you believe that you are entitled to guarantee and/or warranty services, please contact our Customer service.

12. Limitation of Liability and Damage Compensation

We will use reasonable endeavours to verify the accuracy of any information we place on the Online Shop. We will not be liable for contents of third parties. 

We do not assume any liability for the uninterrupted availability of the Online Shop. 

You shall take all reasonable measures necessary to avert and reduce damages.

We only supply goods for domestic and private use.  We shall not be liable for any loss of data, loss of anticipated saving, loss of profit, business interruption, business losses, or for any indirect, special or incidental loss that you may suffer or incur as a consequence of our failure to comply with the Contract. 

Nothing in these Terms and Conditions is intended to exclude or limit in any way our liability for: 

  • death or personal injury caused by our negligence; 
  • fraud or fraudulent misrepresentation; or
  • any other matter for which it would be unlawful for us to exclude or to attempt to exclude or liability. 

All warranties, terms, representations and conditions, other than those expressly referred to in these Terms and Conditions, are excluded to the fullest extent by law.

13. General

If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

The European Commission provides a platform for online dispute settlement. This gives you the opportunity to settle disputes in connection with your online order without first engaging a court. The platform can be found at http://ec.europa.eu/consumers/odr/.

If you have a complaint relating to these Terms and Conditions, we will attempt to resolve the complaint internally. If our internal complaints process is exhausted and the complaint is not settled, you may make a request to us for the dispute to be settled by mediation through the Retail ADR service provided by CDRL. If you do so, we shall consider whether or not we wish to use CDRL to try to resolve the dispute but we are not be obliged by law to do so. Further information can be found at www.retailadr.org.uk. 

14. Data protection

Please respect our Privacy Policy which you can access at any time at https://www.mavic.com/en-gb/privacy-policy

15. Governing law

These Terms and Conditions shall be governed and construed in accordance with the laws of England to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

Version: October 2017

Annex 1

You have purchased from us one Product or several Products that are delivered in one delivery, the following instruction on the right of withdrawal applies:

Instruction on the right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 60 days without giving any reason. 

The withdrawal period will expire after 60 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. 

To exercise the right of withdrawal, you must inform us (Mavic SAS, 14 chemin des Croiselets ZA des Croiselets, 74370 Metz-Tessy, France, online contact form: https://www.mavic.com/en-gb/contact by or by phone at +442033215485) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. 

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not 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. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Annex 2

You have purchased from us several Products that are delivered in partial deliveries, the following instruction on the right of withdrawal applies:

Instruction on the right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 60 days without giving any reason. 

The withdrawal period will expire after 60 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. 

To exercise the right of withdrawal, you must inform us (Mavic SAS, 14 chemin des Croiselets ZA des Croiselets, 74370 Metz-Tessy, France online contact form: https://www.mavic.com/en-gb/contact by or by phone at +442033215485) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. 

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not 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. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Annex 3

To make use of your right of withdrawal you may use the following model withdrawal form, but this is not obligatory.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To:

- Mavic SAS, 14 chemin des Croiselets ZA des Croiselets, 74370 Metz-Tessy, France, https://www.mavic.com/en-gb/contact by or by phone at +442033215485. 

- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following Product(s):

- Ordered on (*) / received on (*),

- Name of consumer(s):

- Address of consumer(s):

- Signature of consumer(s):

- Date:

(*) Delete as appropriate.

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