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.
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.
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.
9.1. 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 email@example.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.:
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 firstname.lastname@example.org 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 email@example.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.
The contract language is English.
Dated: January 1, 2023
GENERAL TERMS AND CONDITIONS
1. GENERAL PROVISIONS
Please read these General Terms and Conditions carefully before purchasing goods on the website www.mares.com. By purchasing goods from this website, you automatically consent to these General Terms and Conditions.
The products purchased on the website www.mares.com are sold directly by Mares S.p.A. (“Mares”, “us”), with registered office in Salita Bonsen 4, 16035, Rapallo (GE), Italy, Tax code and Genoa Chamber of Commerce Registration number 03112680107, VAT number 00204770994. Further information may be requested by contacting Mares’ Customer service at the contact details provided in section 11.
Please note that the following General Terms and Conditions apply only to final consumers pursuant to the Italian Consumer Code (“Codice del consumo”).
2. ORDER PROCESS AND CONCLUSION OF THIS CONTRACT
2.1. The order process via our online shop consists of several steps. First, you select the desired goods. Second, you must provide your customer data, including the billing address and delivery address (if different). Third, you must select the payment method. At the end, you can check all the information provided (e.g. name, address, payment method, ordered goods) and correct that information if necessary before placing your order with us by clicking on "Buy now" and thus confirming it. With this confirmation, you agree to our Privacy statement.
2.2. By placing your order, you made a binding offer towards us to conclude a contract with you. The following automatic order confirmation documents that we have received your order but is not yet an acceptance of your order. Acceptance of your order will occur with a separate delivery confirmation email or delivery of the ordered goods. A sales contract is confirmed when the delivery confirmation email or the shipment is sent. Along with the delivery confirmation, we will send you all order details as well as payment and customer service information. Please note, that partial shipments are also possible. In such a case, the sales contract is valid for the goods confirmed within the delivery confirmation only. You will be informed in a separate message of future delivery of the missing goods.
2.3. If, for any reason, we are unable to fulfil your order, we shall notify you by e-mail.
2.4. You must guarantee that all the information you provided to Mares in your enquiry or in your order is correct and complete. Mares shall not be obligated to accept orders but shall have the right, at any time and without giving reasons, to examine orders in advance and to reject them.
2.5. We ask for your understanding, that the sale and delivery of goods can only be carried out in household quantities.
2.6 Please note that the Mares web shop is structured by different shipment locations. Depending on your location at the time you access our website the country will automatically be adapted or you can manually choose a country using the drop-down menu in the right upper corner of the website. Please note that we only ship to the countries listed here.
3. MY ACCOUNT
3.1. On the condition that you provide all required data during the order process, you may place orders with us without setting up a personal user account. However, you also have the possibility to set up your personal user account with a password. This means that your personal data will be saved and you need not enter your information 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 an account and would like to find out how to set one up.
3.2. 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. Furthermore, 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 required 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 prior authorisation or that such unauthorised use is likely.
4. TRACKING YOUR ORDER
You can track your order using the tracking number provided in the delivery confirmation e-mail. You may access the website of our courier services provider which contains up-to-date information on your order and the delivery.
5. PRICES, SHIPPING CHARGES
5.1. All prices include all taxes, including sales tax and fees, where these are not separately indicated. Obvious errors excepted.
5.2. For deliveries, we charge a flat-rate shipping fee in the amount of € 5, (incl. sales tax). For shipments of goods worth more than €50 in total no shipping charges will accrue. Charges to be paid by you for delivering your order will be shown to you before we ask you to confirm you order.
5.3. In case of deliveries to countries which are not part of the European Economic Area, all relevant import and export expenses as well as all possible charges and fees must be borne by you.
5.4. Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
6. DELIVERY CONDITIONS
6.1. On our website, you will find information on the availability and delivery time of products which are sold by www.mares.com (e.g. on the respective product detail page). We would like to point out that all information on product availability are only estimates and approximated values. If during the order processing, Mares notices that the products ordered by you are not available, you will be informed about this in a separate e-mail. Your legal rights shall not be affected by this.
6.2. You shall bear all costs resulting from unsuccessful delivery if it is impossible to deliver the goods to you because you were not available at your provided delivery address, even though you had been informed about the time of delivery in good time.
7. TRANSFER OF RISKS
In case of contracts under which we deliver goods to you, the risks relating to loss or dam-age to the goods shall always be transferred to you once you or a third party appointed by you who is not the haulage contractor have taken possession of the goods. Irrespective of your rights vis-à-vis the haulage contractor, once the goods are handed over to the haulage contractor the risk shall be transferred to you if the haulage contractor was commissioned by you to transport the goods and this option was not offered by us.
8. PAYMENT CONDITIONS
8.1. Ordered products must be paid for in full before such orders will be delivered to you. We accept the following payment methods:
- Visa Credit Card
- Master Card Credit Card
8.2. If, for any reason, the amount payable for your order cannot be collected, your order will be cancelled.
9. REVOCATION OF ORDERS AND RETURN INFORMATION
9.1. Right of revocation
9.1.1. You have the right to revoke the contract without explanation within thirty days. You have the right, without giving reasons, to revoke the contract within thirty (30) days from the day when you or a third party appointed by you who is not the haulage contractor took possession of the goods.
9.1.2. To execute your right of revocation, you must (i) give notice to Mares by sending a written communication to the following address: firstname.lastname@example.org within thirty (30) days from the day when you or a third party appointed by you who is not the haulage contractor took possession of the goods and (ii) return the products that you do not wish to keep, to the following address, immediately after the notification under previous point (i):
Mares S.p.A. c/o Interporto Rivalta Scrivia Spa
Strada Savonesa 12/16, Frazione Rivalta Scrivia
15057 TORTONA (AL)
Use the form found within the package you received, or download a copy here. Shipping costs to return items are your responsibility, and it is also your responsibility to ensure that the shipment is successful.
9.1.3. Sending notification of exercising the right of revocation before the expiration of the term under par. 1.1 above is sufficient for the compliance with the cancellation period.
9.2. Consequences of revocation
9.2.1. If the contract is revoked, we will reimburse to you all payments for the purchased goods which you have returned (including regular delivery costs, but excluding higher delivery costs resulting from choosing a special delivery form). Such reimbursement shall occur promptly or, subject to the situations mentioned below, within fourteen (14) days from the day you have notified to us your revocation, subject to due, subject due receipt of your items in our warehouse or adequate proof of your shipment. For this refund, we will use the same means of payment which you used for the original transaction, unless we expressly agree upon something else with you. We will under no circumstances charge any fees to you for such reimbursement. We have the right to deny a refund until you have returned the goods to us or until you provided us with evidence that you have sent the goods back, whichever is earlier.
9.2.2. The goods must be returned immediately, or, in any case, no later than fourteen (14) days from the date of revocation notification under paragraph 1.2 (i) above, pursuant to the provision under paragraph 1.2 (ii) above. The term is deemed complied with if you ship the goods before the end of this term of fourteen (14) days.
9.2.3. The direct cost of returning the goods shall be borne by you. To return items, please use the same box you received them in, and attach the form found within the package you received, containing shipping details, or download a copy here. For greater freedom, we have not designated a specific courier service for returns; you are free to choose the service provider you prefer.
9.2.4. You shall be responsible for handling the goods with due care and shall be liable for damage caused by you. We reserve the right to claim damages for returned goods which were used or damaged in any other way by you. You will be required to compensate a loss in value if this loss in value can be traced back to a use by you which was not necessary for checking the quality, features or functionality of the goods. We expressly reserve the right to deduct all damages/losses in value from amounts which we must reimburse to you (set-off).
9.2.5. Our online shop does not offer the possibility to directly exchange ordered goods. If you do not wish to keep your goods, please send a notification of revocation as well as the goods back to us according to our return information and simply place a new order to receive the selected goods in another size or colour.
9.3. Exclusion of the right of revocation
The right of revocation does not apply to contracts regarding
- the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
- the supply of goods made to the consumer’s specifications or clearly personalised;
9.4. Return policy
For ease of reference, you may as well consult our dedicated Return Policy
10. CUSTOMER SERVICE
If you have any questions, comments or complaints relating to your ordered goods, you can contact us at:
S.p.A Salita Bonsen 4, 16035, Rapallo (GE), Italy
Via e-mail at email@example.com
11. WARRANTY AND LIABILITY
11.1 When ordering goods from this website, please note the general information and the special information for the respective product (in particular, but not limited to information on features, selection, maintenance and use of products as well as security of products) displayed on our website as well as the instructions contained in our manuals.
11.2 Our liability applies explicitly to the obligations and liabilities described within this document as long as not otherwise dictated by law.
11.3 The warranty follows legal provisions. Complaints based on legal warranty claims may be asserted on presentation of proof of purchase with the customer service mentioned above by email.
11.4 The legal warranty applies on complaints, which occur within the legal warranty period. For goods, this period is two years and begins with the date when the goods are received. The consumer must inform Mares of the lack of conformity of the goods within a period of two months from the date of detection.
11.5 For products which have been proven to fall under a warranty case, the product will either be repaired or replaced free of charge by MARES.
11.6 Depending on the remedy requested by you, if the product in question is no longer available or the repair costs are enormously high, MARES has the right to elect the alternative remedy, unless you require the termination of the contract or an adequate price reduction.
11.7 Excluded from the warranty are all damages due to transport or improper storage of the product by the haulage contractor, if it was commissioned by you to transport the goods. Damages which occur due to improper use or lack of and improper care of the products, improper mounting, assembly or adjustments, failure to follow the user instructions, damages due to sharp objects, torsion, compression or from dropping the object are excluded from the legal warranty. Any damage caused by abuse or improper use, adjustment or maintenance as well as normal wear and tear are not covered by the warranty.
11.8 No warranty is applicable if the serial number on the product has been removed, altered or made illegible.
Furthermore, to the maximum extent allowed by the law, in no event shall we or our agents be liable for incidental or consequential damages, whether the claim is based upon contract, warranty, negligence or product liability, including, without limitation, loss to property other than the product itself, loss of use of any property, or other economic losses. Neither we nor any distributor or dealer shall be liable for contribution or indemnification, whatever the cause.
As legally permitted, the warranty claim may not be transferred or reassigned to another person.
12. DATA PROTECTION
13. APPLICABLE LAW/PLACE OF JURISDICTION
13.1 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.
13.2. Legal disputes arising from or in relation to these General Terms and Conditions (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts of your place of residence or domicile
However, in case of disputes we shall have the right to initiate proceedings against you before the court which is competent for your place of residence.
Dated: April 2021