GENERAL TERMS AND CONDITIONS
1. GENERAL PROVISIONS
These General Terms and Conditions shall apply to customers residing in the United States of America who purchase Mares products via the US subpage of www.mares.com (“Website”). Please read these General Terms and Conditions carefully before ordering goods on the Website as by ordering goods from this Website you automatically consent to these General Terms and Conditions.
2. ORDER PROCESS
To place an order via the Website, you must:
- Select the desired products
- Provide your customer data, including your United States billing address and delivery address (if different),
- Select a payment method,
- Confirm to us that all of the information you provided (e.g. name, address, payment method, ordered products) is complete and correct, and
- Click “Buy now” to submit your order.
By placing your order, you are making a binding offer towards us to conclude a contract with you. Mares may, in its sole and absolute discretion, accept this offer by sending you an order confirmation via email or by shipping the ordered goods to the address specified in your order. Mares shall not be obligated to accept orders but shall have the right at any time without notice to reject them. A sales contract shall only be considered to be concluded after we have sent you an order confirmation via email or after any part of the ordered products have been shipped to you. Our order confirmation will be sent to the email address provided by you; such confirmation will contain a list of all relevant order information as well as information on the payment method, customer service, warranty, data protection and cancellation policy.
If, for any reason we are unable to accept your order, we shall notify you via email.
By submitting your order, you guarantee to us that all of the information you provided to Mares in your order is correct and complete.
3. MY ACCOUNT
On the condition that you provide all required information during the order process, you may place orders with us without setting up a personal user account. However, you also have the opportunity to set up your personal user account with a password. This means that your personal data will be saved and you will not need to enter your data again when placing a new order with us. You also have access to the “My Account” section which provides a comprehensive overview of your profile, orders which have not yet been delivered, past orders, as well as delivery and payment details. Please click HERE if you do not currently have a personal user account and would like to find out how to set one up.
If you set up and use an account on our Website, you shall be responsible for protecting your account and your password and for restricting access to your computer. You declare that you agree – to the legally permissible extent – to be liable for all activities which are performed through your account and/or with your password. You must take all practical measures to ensure that your password is kept confidential and stored in a safe place and you should notify us immediately if you have reason to believe that a third party has gained access to your password or that your account is being used without your authorization or that such unauthorized use is likely.
4. TRACKING YOUR ORDER
You can track your order using the tracking number provided in the order confirmation email. You may access the website of our shipping provider which contains current information on your order and the delivery.
5. PRICES, SHIPPING CHARGES
Prices do not include sales or other taxes, shipping or any other additional charges. All final charges will be calculated and displayed in the shopping cart before you confirm and submit your order.
Mares ships using Federal Express, Monday-Friday (excluding public holidays). You will have the option to choose your shipping method; the price of which will be calculated based on the size, weight and the type of service. You will be able to review the shipping charges before you confirm and submit your order.
Coupon codes and discounts are not valid in the United States
6. DELIVERY CONDITIONS AND RESTRICTIONS
Any order, excluding customized items, placed by 12:00 PM EST Monday - Friday (excluding public holidays) will ship within 24 - 48 hours. If you’ve placed an order after 12:00 PM EST or on a weekend, your order will process on the next business day.
We are currently unable to ship orders to post office boxes and only ship to physical addresses located within the United States. We are also unable to accept orders in which we are unable to identify the individual delivery address.
On the respective product detail pages of the Website you will find information on the availability of products which are sold on the Website. If during the order processing, Mares notices that the products are no longer available, you will be informed about this in a separate email.
You agree to bear all costs resulting from unsuccessful delivery if it is impossible to deliver the products to your delivery address (e.g. refusal, too large of a shipment for your location, etc.). The risk of loss of products and title thereto shall pass to you upon delivery of the products to the address specified in your order.
Coupon codes and discounts are not valid in the United States
7. EXPORT PROHIBITION
You may not export any products purchased via our Website unless such export is in full compliance with all United States laws, regulations and agency orders. In particular, such products may not be exported or re-exported to a national or resident of any country that is under any United States embargo or sanction. This restriction includes but is not limited to anyone or any organization on the U.S. Treasury Department’s list of Specially Designated Nationals, any U.S. Commerce restricted list, any U.S. State Department restricted list, or any other governmental export restriction.
8. PAYMENT CONDITIONS
Mares products must be paid in full before such orders will be delivered to you. We accept the following payment methods:
- • American Express Credit Cards
- • MasterCard credit cards
- • VISA Credit Cards
- • PayPal®
If, for any reason, the amount payable for your order cannot be collected, your order will be cancelled and you will be informed accordingly.
9. RETURNS
9.1. First quality returns
All products, may be returned for a full refund to the original payment method provided the items are returned to us within 30 days of you receiving the products. Please ensure that any product you wish to return is unused, in its original packaging and has all tags still attached. You agree that it is at the sole and absolute discretion of Mares to determine if the product has been used.
To return a product, please email customer service customerservice@us.mares.com or 1-800-874-3236, to obtain a return address and return number. Shipping charges on all returns are your responsibility and are not subject to refund.:
9.2. WARRANTY
Water Sports Warranty
Mares manufactures premium quality equipment. In the rare case that a manufacturing defect is present, Mares will repair or replace the defective item with the same (or a similar) model for the original purchaser. Most Mares products with the exception of breathing systems (regulators and octopus) are covered by a limited warranty for defective material and workmanship for two years from the date of purchase of the original product when purchased on the Mares website or by an authorized Mares dealer. Please see the table below for applicable warranty timeframes. Repair or replacement of a warrantied product does not extend the applicable warranty period. Proof of purchase from a Mares USA authorized dealer or an invoice or receipt from Mares USA is required. You agree that the sole remedy under these warranties is repair or replacement at the sole option of Mares. Limit to one replacement per warrantied product. No warranty will be granted if a product is improperly assembled, not adjusted to Mares specs, has unauthorized repairs, distortion due to heat, heavy signs of wear, abused, misused, shows impact points, shows cosmetic fault due to normal wear or is beyond the warranty period. Products must be returned in complete assembled configuration. There is no warranty on replaceable parts such as batteries, product straps and buckles, bag wheels, hoses, and O2 sensors etc. Items with an RA (return authorization number) that are sent to the warranty department in Boca Raton FL, but upon inspection deemed not covered by the Mares warranty policy, will be returned to the customer. The customer will pay for return freight.
| Warranty Information | Warranty Period |
|---|---|
| Regulators and Octopus | Limited Lifetime |
| Mask, Snorkel, Fins, Neoprene, BCD, Computer, Bags, Accessories | 2 years |
| Limited Lifetime* is defined as the life cycle of the product, determined by Mares |
If you purchased the product from our Mares online shop (www.mares.com), please contact us at warrenty@us.mares.com or 1-800-874-3236 ext. 8, to obtain a return address and return authorization number. Shipping charges on all warranty returns are your responsibility and are not subject to refund.
TO THE FULLEST EXTENT ALLOWED BY LAW, HEAD HEREBY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, EXCEPT AS SPECIFICALLY SET FORTH HEREIN, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND WARRANTIES BASED ON COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OR TRADE.
10. Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THE ABOVE WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
11. Customer Service
If you have any questions, comments or complaints related to your ordered goods, please contact us at customerservice@us.mares.com or 1-800-874-3236. Our customer service department is available Monday – Friday, 9 AM – 5 PM EST and closed on US observed holidays.
12. APPLICABLE LAW
If not expressly otherwise stipulated by law, these General Terms and Conditions shall be exclusively subject to Italian law; the UN sales convention (United Nationals Convention on Contracts of Internationals Sale of Goods) as well as any reference provisions shall be excluded.
13 LANGUAGE
The contract language is English.
Dated: January 1, 2023