TERMS AND CONDITIONS OF SALE ("SALES TERMS")
Version 2016; posted and effective as of August 2016.
These Sales Terms are applicable to the Mavic Webshop (“Online Shop”) at the www. Mavic.com and to orders and sale transactions for products available at the Online Shop (“Product”). The Online Shop is owned by and operated by Mavic North America, a division of Amer Sports Winter & Outdoor Company (herein, "Mavic", "we" or "us" as the context may require). Amer Sports Winter & Outdoor Company is the seller of the Products. With regard to your purchases in the Online Shop we will communicate electronically by sending email or posting electronically. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing. Please note that these Sales Terms give you specific rights, and you may have other rights, which vary from jurisdiction to jurisdiction.
1. About These Sales Terms
These Sales Terms only apply to purchases made in this Online Shop. Other Mavic web sites on the internet may have different terms and conditions. From time to time Mavic may change or alter these Sales Terms which will be applicable to orders placed on or after the effective date stated by Mavic. Information contained in Mavic's advertising, brochures or other written materials, on Mavic web sites or given to you, is for information only and not an offer by Mavic to supply any Products. Amer Sports Employees and members of any Hookup, VIP, or Pro-Purchase program are required to accept additional terms and conditions. BY PLACING AN ORDER FOR PRODUCTS YOU AGREE TO BE BOUND BY AND ACCEPT THESE SALES TERMS
2. Placing an Order
To be able to buy Products you have to: · Provide your name and 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, including but not limited to, P.O. Box addresses and Military APO/FPO addresses). · Be the owner or authorized holder of a valid debit/credit card. You may place an order by clicking on the "Add to cart" button and proceeding to the checkout page. Mavic.com does not ship outside of the 50 states and Washington DC reserves the right to cancel any order shipping outside of our delivery area. Mavic.com is not intended for group or bulk sales. Mavic reserves the right to cancel any order does not meet these terms. When you create a Mavic account you will also create a personal user identification (your username) and password. Keep your password protected at all times and do not disclose it to anyone else as you are personally responsible for each purchase made using your user identification and password.
3. Order Processing and Contract Formation
You agree that your order is an offer to buy the Products listed in your order under these Sales Terms. All orders must be accepted by Mavic. We may choose not to accept abnormal orders and orders which Mavic suspects are not placed in good faith. After having received your order, we will send you an acknowledgement 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 have the option to cancel your order at any stage by contacting Mavic customer service by calling 1.888.466.2842 before we have sent Your Mavic Order confirmation email.
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 emails. 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 merchandise 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 and Delivery, 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 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, inclement weather, 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 by credit/debit cards shall be made by a credit or debit card approved by Mavic. Approved credit and debit card types are listed in the Online Shop. You have to supply your payment card details when you place your order. Your credit card may not be accepted if: (i) the name on the credit card does not match the billing name given or (ii) the billing address given does not match the bank records. Your payment card will be charged on shipment of the ordered items. We will not supply the items to you until your card issuer has authorized the use of your card for payment of the ordered Products. As your Order confirmation email is your proof of purchase, we recommend that you save and print that document for your potential future use.
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 thirty (30) calendar days after the date of receipt of the delivery and correctly follow the instructions on the return form provided with your shipment. Once we have received and validated your returned items, we will confirm it to you by email. Refund will be processed by us and confirmed by email. Amer Sports Employees and members of any Hookup, VIP, or Pro-Purchase program are not eligible for returns, refunds or exchanges. 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 contact without delay our customer service 1.888.466.2842 by phone for assistance.
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. · Amer Sports Employees and members of any Hookup, VIP, or Pro-Purchase program are not eligible for returns, refunds or exchanges. 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 fifteen (15) 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.
11. Limited Warranty
Mavic provides this warranty to consumers who purchased Mavic product (“Product(s)”) from Mavic or from Mavic agreed dealers. Mavic warrants all new Products to be free from manufacturing or material defects (“Defects”) for the Warranty Period as defined at http://www.mavic.us/mavic-warranty.
12. Personal Data
13. Our Liability
These Sales Terms set out the full extent of our obligations and liabilities in respect of the Products. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on us than the ones mentioned in these Sales Terms. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes. We shall not be liable whether in contract, tort or otherwise for any economic losses (including without limitation loss of income, loss of profits, loss of contracts, business or anticipated savings), loss of data, loss of goodwill or reputation or for any special, indirect, consequential or punitive loss or damage of any kind howsoever arising. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
If any provision or provisions of these Sales 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.
15. Contact details
Mavic customer service will assist you with any questions. You can contact us by phone 1.888.466.2842.
16. Governing law
These Sales Terms shall be governed and construed in accordance with laws of the State of Utah, USA.