TERMS AND CONDITIONS (“TERMS”)
These Terms apply to “www.mavic.com” (hereinafter, “the Website”) operated by Mavic SAS and Mavic Group INC. (hereinafter, “Mavic”, we” or “us” as the context may require).
The Online Shop found on the Website is owned by and operated by Mavic. Products sold on the Online Shop are sold by Mavic (hereinafter, “Products”).
By using the Online Shop, you agree to receive communications from us electronically, either via email or other electronic means. You understand and agree that all communications from us, including but not limited to agreements, notices and disclosures satisfy any legal requirement that such communications be in writing.
These Terms give you specific rights. You may have other rights, which may vary by jurisdiction.
1. ABOUT THESE TERMS.
These Terms only apply to purchases made in the Online Shop. By using the Online Shop, you agree to these Terms. From time to time and without notice, Mavic may change the Terms. Please familiarize yourself with the Terms each time you use the Website and the Online Shop.
Information contained in any of Mavic’s advertising, promotional materials, on Mavic web sites, is for information only and not an offer by Mavic to supply any Products.
BY PLACING AN ORDER FOR PRODUCTS THROUGH THE ONLINE SHOP YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS.
Additional terms and conditions are required to be accepted for Employee or other Hookup and Industry purchase programs.
2. PLACING AN ORDER.
Please note that we only deliver Products to addresses in the United States.
To be able to buy Products you must:
Provide your name, address, phone number, email address, payment details and other required information.
• Be at least 18 years of age.
• Provide a delivery address in the United States (Note that Mavic is unable to deliver to certain addresses).
• Be the owner or authorized holder of a valid debit/credit card.
3. ORDER PROCESSING AND CONTRACT FORMATION.
You agree that your order is an offer to buy the Products listed in your order under these Terms. All orders must be accepted by Mavic. After having received your order, we will send you a confirmation email (“Your Mavic Order”) with your order number and details of the items you have ordered.
Acceptance of your order and the formation of the contract of sale between Mavic and you will not take place unless and until you have received your Mavic order confirmation email. You order confirmation email is your proof of purchase. Please save that email for your potential future use.
Please note that Mavic may decline orders which raise questions of authenticity.
4. PRICES, SHIPPING AND HANDLING, CHARGES AND TAXES.
The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the order receipt and order confirmation email. Mavic may change prices at any time without notice. Price increases will only apply to orders placed after such changes.
Mavic charges sales tax where required by law. If you are shipping to states where sales tax is charged, the appropriate charges will be added to your purchase total and displayed in your Mavic Order. Prices for the Products do not include charges for shipping and handling.
Separate charges for tax and shipping will be itemized in your shopping cart and on Your Mavic order confirmation email.
5. PRODUCT AVAILABILITY, DELIVERY, AND CIRCUMSTANCES BEYOND REASONABLE CONTROL.
MAVIC does not guarantee the availability of any Product in the Online Shop. MAVIC reserves the right, without liability or earlier notice, to change, discontinue or stop making any Product.
We will provide you with the information on the latest expected delivery date which will not exceed 30 days unless you specifically agree on a later date.
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 items 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.
Delivery options are defined in checkout and may change. Delivery based on the option selected is not guaranteed. Reimbursement for payment of the express delivery price will occur if the service requested was not delivered on time. If the items remain undelivered and are returned to us undelivered, we consider that you have exercised your right to cancel the contract and when we receive the returned delivery package, we will refund you through the original payment method in accordance with our return policy less the reasonable additional costs incurred by MAVIC.
Customer desiring to return or refuse delivery will be best serviced by receiving the delivery and following the return instructions included in the package.
MAVIC shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters.
6. COMPATIBILITY, PRODUCT INFORMATION.
When placing your order please ensure that the Products you purchased are compatible for the intended use. Please use the information provided in the Online Shop as reference when checking compatibility. In the event of a difference between the Online Shop content and any other MAVIC (or non-MAVIC) web site (or any other source of information) the compatibility of Products as shown on the Online Shop at the time of purchase will be seen as taking precedence. We encourage you to examine the delivery package and received items within fourteen days after they are delivered to you and check their condition and that the content of the delivery package is complete.
Payment must be made using credit/debit cards approved by MAVIC. Approved payment card types are listed in the Online Shop. Payment card details must be provided upon order placement. Your payment card may be rejected if: (i) the name on the credit card does not match the billing name provided or (ii) the billing address provided does not match the bank records. Your payment card will be charged at the time of order. We will not ship the ordered Products to you until your card issuer has authorized the use of your card for payment of the ordered Products. MAVIC reserves the right to unilaterally cancel any order that appears fraudulent.
8. TITLE TO PRODUCTS.
MAVIC retains full legal title to Products until it has received all amounts due on the ordered Products.
9. RETURN AND REFUND, OTHER OPTIONS.
If you have bought Products for your own private use as a consumer and want to exercise your right to cancel the contract and return the items you have purchased, return the Product within forty-five (45) calendar days after the date of receipt of original purchase and correctly follow the instructions on the return form provided with your shipment. You must reference your packing slip on the return form. In order to return a Product and receive a refund, the Product must be resalable, meaning in its original packaging, unused, and unmounted. Returned Products are subject to inspection by the MAVIC returns team.
Once we have received and validated your returned items, we will confirm it by email. If accepted, your refund will be processed and confirmed by email.
If an exchange for an item greater than the cost of the original purchase is requested, we will contact you for payment of the balance. If an exchange for an item lesser than the cost of the original purchase is requested, we will issue a refund of the balance to your original form of payment. Return labels are not provided for returns or exchanges.
INCORRECTLY DELIVERED ITEMS:
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please promptly contact MAVIC for assistance. Due to the nature of producing Custom Products, please note that Custom Products are not returnable and are not available for refunds. We will need a copy of your original order information and photos of what items were incorrectly shipped or received.
Returns and exchanges will need to be coordinated through the original point of purchase of the Product.
If the Product was purchased through a dealer, such dealer’s return policy shall govern the return or exchange.
10. HOW TO RETURN ITEMS.
A pack slip and return form will be inserted within your package with return instructions.
You must return the items in their original package.
You must include all accessories, user manuals and any free gifts that came in the same package.
Where an item has been purchased as a part of a bundle of multiple items, all multiple items within that bundle must be returned.
Please treat the items with care and return them in the condition that they were delivered to you.
Please use, if possible, the original delivery package or pack the items securely and make sure that the filled-out return form is included inside the box and place the pre-printed return label on the outside of the packing used for shipping.
Replacement or refund can only be processed once we have received all the items to be returned.
If you return items 1) that you are not entitled to return, 2) that are not in their original condition, 3) that are without proper or missing packaging, 4) with items missing from the return delivery, 5) without following our return instructions, or 6) have otherwise failed to exercise reasonable care when taking care of and returning items, we reserve the right either to reject your return and decline to refund or to deduct from those payments to be refunded to you reasonable repair or other similar direct costs that we have incurred, subject to applicable law.
If your return has been accepted, we will refund you the price you have actually paid for the items less any applicable shipping costs (as per the above) by crediting your payment card thirty (30) calendar days after the date of receipt of the delivery.
Please note that MAVIC will only process returns and refunds for items bought in this Online Shop.
MAVIC provides limited warranties to buyers who purchase Products. Please find additional information on MAVIC’s warranty policy and claim submission process at: https://www.mavic.com/en-us/c/warranty-policy.
SUBMITTING A WARRANTY CLAIM THROUGH YOUR DEALER:
1. Take the affected Product in to your dealer. Please remember to bring your proof of purchase.
2. We will work with your dealer to get the Product back as soon as possible.
12. PERSONAL DATA.
13. OUR LIABILITY.
These Terms set out the full extent of our obligations and liabilities in respect of the sale of Products.
Except for the express limited warranty for the Product purchased, MAVIC disclaims any and all implied warranties, including the warranty of merchantability, warranty of non-infringement, and the warranty of fitness for a particular purpose. You waive any and all claims relating to the Products and Online Shop with respect to any special, incidental, or consequential damages. MAVIC further disclaims any implied or express warranty of, and assumes no responsibility for, defects in workmanship caused by third parties who are not acting on MAVIC’s behalf or modifications made to the Products by anyone other than MAVIC or those authorized by MAVIC. MAVIC further disclaims all liability and damages of any kind related to use of Products in any manner which is not consistent with the Product’s intended use. These Terms give you specific legal rights; you may have other rights depending upon where you live. Some jurisdictions do not allow the exclusion or limitation of special, incidental, or consequential damages, or limitations on how long a warranty lasts, so the above exclusion and limitations may not apply to everyone.
If any provision or provisions of these Terms 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.
17. GOVERNING LAW.
These Terms shall be governed and construed in accordance with laws of the State of Vermont, USA.
18. CONTACT DETAILS.
MAVIC customer service will assist you with any questions. You can contact us at support@MAVIC.com Monday through Friday during our regular working hours.
By clicking to indicate your acceptance of our Terms and Conditions or otherwise using our Website or placing a purchase order, you agree to our Terms and Conditions. Please read these Terms
You must be at least 13 years of age to use our Website. If you are under 18 years of age (or the age of legal majority where you live), you may only use our Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to these Terms and to be fully responsible for the acts or omissions of such user.
2 User Accounts
You may need or have the option to register for an account to purchase Products or use our Website. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and account credentials and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to access the Website through your account, you are responsible for the activities of those users. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.
Our Website, including the product descriptions, text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein, are owned by or licensed to Mavic and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Mavic and our licensors reserve all rights in and to our Website. Mavic grants you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Website for your own personal use; however such license does not include the right to (a) sell or resell any aspect of our Website to any third party or otherwise use our Website for any commercial purpose; (b) copy, reproduce, distribute, publicly perform or publicly display any aspect of the Website, except as expressly permitted by us or our licensors; (c) modify the Website, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Website; or (d) use our Website other than for their intended purposes. Any use of our Website other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
5 User Content
Our Website may allow you and other users to create, post, store or share content, including messages, text, product reviews, photos, videos, audio and other materials (collectively, "User Content"). Except for the license you grant below, as between you and Mavic, you retain all rights in and to your User Content. You grant Mavic a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, create derivative works from, distribute, publicly perform and publicly display your User Content, including any name, username or likeness provided in connection with your User Content, via the Website and through all media formats and channels now known or later developed without compensation to you. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason. You represent and warrant that you have all necessary rights to grant us the rights granted under this Section.
6 Prohibited Conduct
You agree that you will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Website. You will not:
- Engage in any harassing, threatening, intimidating, spamming, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user;
- Use our Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Website or that could damage, disable, overburden or impair the functioning of our Website in any manner;
- Reverse engineer any aspect of our Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Website;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Website that you are not authorized to access;
- Develop or use any applications that interact with our Website without our prior written consent;
- Use any data mining, robots or other data gathering or extraction methods in connection with the Website;
- Bypass or ignore instructions contained in any robots.txt file we provide that controls automated access to portions of our Website; or
- Use our Website in any illegal, fraudulent or other unauthorized manner, or engage in, encourage or promote any activity that violates these Terms.
7 Prohibited Content
You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, misleading or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any applicable law;
- Infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Fails to clearly and prominently disclose any material connections you may have with us or third parties (for instance, in connection with a product review);
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without that third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Website, or that may expose Mavic or others to any harm or liability of any type.
You may create a text hyperlink to our Website for noncommercial purposes, provided such link does not portray Mavic or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited permission may be revoked at any time. You will not use the Mavic logo or other proprietary graphic of Mavic to link to our Website without our express written permission.
9 Third-Party Content
Mavic may provide third-party content on our Website, including User Content, and may provide links to web pages and content of third parties (collectively, the “Third-Party Content”). Mavic does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Mavic does not create, update, or monitor Third-Party Content and is not responsible for any Third-Party Content. You are responsible for deciding if you want to access or use Third-Party Content or applications that link from our Website. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our Website are solely between you and such advertiser. Access and use of such Third-Party Content, including the materials, products or services on or available through any third party sites, is solely at your own risk.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Mavic or our Products or Website (collectively, “Feedback”), is non-confidential and Mavic will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
11 Copyright Complaints
If you believe that anything on our Website infringes any copyright that you own or control, you may notify Mavic’s Designated Agent as follows: firstname.lastname@example.org
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Mavic, our parent, affiliates, and each of our and their respective officers, directors, agents, independent contractors, partners and employees (individually and collectively, the “Mavic Indemnitees”) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Website, including your conduct in connection with our Website; (b) your User Content or Feedback; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). You agree to promptly notify Mavic of any third-party Claims, cooperate with Mavic in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that Mavic will have the option (but not the obligation) to have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Mavic.
We do not control, endorse or take responsibility for any Third-Party Content available via our Website. Your use of our Website is at your sole risk. To the full extent permitted by law, except as expressly provided in these Terms or the Terms of Sale or our Product limited warranties, our Website and the Products purchased via our Website are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. If Mavic provides an express limited warranty for a Mavic Product, the implied warranties are limited to the terms of that limited warranty.
In addition, Mavic does not represent or warrant that its Website is accurate, complete, reliable, current or error-free. While Mavic attempts to make your access to and use of our Website safe, we cannot and do not represent or warrant that our Website or servers are free of viruses or other harmful components. Except as otherwise provided in these Terms, our Terms of Sale or our Product warranties, you assume the entire risk as to the quality and performance of the Website and the Products you purchase via the Website.
14 Limitation of Liability
To the full extent permitted by applicable law, Mavic and the Mavic Indemnitees will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental or special damages arising out of or in any way related to these Terms, our Website or the Products purchased via our Website, even if Mavic or any of the Mavic Indemnitees has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
The total liability of Mavic and any of the Mavic Indemnitees for any claim arising out of or relating to any Product purchased via the Website will not exceed the greater of $100 or the purchase price of that Product. For all other claims arising out of or relating to these Terms or our Website, the total liability of Mavic and the Mavic Indemnitees is limited to $100 in the aggregate.
The limitations set forth in this section will not limit or exclude liability for personal injury or property damage caused by a Product you purchased via the Website or the gross negligence, fraud, or intentional, willful, or reckless misconduct of Mavic or for any other matters in which liability cannot be excluded or limited under applicable law.
To the fullest extent permitted by applicable law, you release the Mavic Indemnitees from responsibility, liability, claims, demands, or damages of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
16 Governing Law ; Forum
These Terms and your access to and use of our Website will be governed by and construed and enforced in accordance with the internal laws of Vermont, without regard to conflict of law rules or principles (whether of Vermont or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
Any dispute that is not subject to small claims court will be resolved in the state or federal courts of Washington County, Vermont.
17 Jury Trial Waiver and Time Limit to Bring a Claim.
YOU AND MAVIC HEREBY KNOWINGLY WAIVE THEIR RIGHTS TO A JURY TRIAL. Any claim arising out of or related to these Terms or our Website must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Mavic will not have the right to assert the claim.
18 Export Compliance
All or part of our Website or the Products purchased via our Website may be subject to U.S. export control, customs or economic sanctions laws (“Export Controls”). You agree to comply with all Export Controls as they relate to your receipt and use of our Website and the products purchased via our Website. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Website or to discontinue all or a part of the Website. We are not responsible for any loss or harm related to your inability to access or use our Website.
21 Changes to Terms
We may make changes to these Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Website, or posting the amended Terms to our Website and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Website after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Website.
If you have any questions or concerns regarding the Website or these Terms, please contact Mavic at: Mavic Group, Inc., Attn: Scott Bergin, or email@example.com
Last revised January 2024