Terms and Conditions

Effective as of June 8th 2022

 

Introduction

Us”, “our” and “we” means Max Mara Ltd, a company registered in England and Wales under company number 02024802, whose registered office is at 33 Wigmore Str ., Our VAT number is [GB444097053].

 

The Website (as defined below) consists of two computer applications:

  • one for the institutional Website, managed by Max Mara S.r.l. with a Sole Director, Max Mara Group, registered offices in Via Giulia Maramotti 4, 42124, Reggio Emilia, Italy, Tel. +39 0522 3991, Fax +39 0522 399399, Economic Administrative Index: Reggio Emilia No. 182471 Business Registry of Reggio Emilia, Tax Code and VAT 01397620350, EU VAT Code IT01397620350, Share Capital of €13,000,000.00, fully paid-up ("Max Mara S.r.l."), which has the right to use the domain name gb.sportmax.com;
  • one for the digital store for the Website, managed by Max Mara Ltd that sells SPORTMAX products online to consumers in the UK. 

 

Field of Application

These terms and conditions (the “Terms”) are applicable to your access and use of the gb.sportmax.com website from the UK (the “Website”) and all product sales completed remotely through the Website. Please read these Terms carefully before accessing or using the Website and prior to the completion of any order placed on our Website. By accessing or using the Website, including to place an order through the Website, you agree to be bound by these Terms.

These Terms are to be considered applicable and effective as of the date set out above and as long as they are published on the Website. We may revise and update these Terms from time to time in our sole discretion. Any changes to these Terms will be published on the Website and the new terms and conditions will only apply to orders made from the day of their publication. You can save and print a copy of these Terms for future reference.

 

Product Orders and Contract

The presentation of the products on the Website is an invitation to offer. The order can be made through the Website by selecting any image of the product presented and in any case following the steps and instructions specified on the Website. In order to make any changes and/or corrections to the order, you should follow the instructions contained on the Website. The amount of an individual order cannot exceed the sum of £10,000 total.

The order will be sent by clicking on the "Buy Now" button and will be stored in the Max Mara Ltd database for the period of time set forth by applicable legislation. The order will then be considered a contractual purchase proposal. Upon receipt of the order, Max Mara Ltd will send to you an email containing the order number and information about the ordered products, the price of each product, the shipping address, as well as the payment methods and the delivery times. This email does not constitute acceptance of your purchase proposal, and serves only as confirmation that the order has been received. Upon receipt of your order, Max Mara Ltd will verify the availability of the ordered products, as well as the accuracy of the information provided by you. The sales agreement with Max Mara Ltd will only be concluded by sending a separate email of acceptance for the purchase proposal and/or dispatch confirmation of the ordered products.

Your order may be refused in the event of: (i) an error in the information provided by you, (ii) if the available products are out of stock, (iii) if insufficient solvency warranties are detected, (iv) if the order does not meet the normal need for consumption (a requirement that applies either to the number of products purchased within a single order or to a plurality of orders pertaining to the same product, even if each order comprises a quantity of products corresponding to normal needs of consumption), or (v) if our supply of the products is delayed by an event outside our control.

If the order cannot be accepted, Max Mara Ltd will communicate to you within 10 (ten) days following receipt of the order the impossibility of processing the order, which will be followed by the immediate release of the payment amount.

 

Product Price

The price of the product published on the Website relates to the single item, expressed in Pounds and including VAT. The current price will be shown to you when you place your order. Max Mara Ltd will pay all taxes, duties, charges and/or shipping costs.

 

Payment Conditions

You can pay by credit card or PayPal.

The following credit cards are accepted:

  • Visa/Visa Electron;
  • Mastercard;
  • American Express;
  • Diners Club International;
  • Maestro International;

The total amount of the order is committed to your credit card or PayPal account upon forwarding of the order to Max Mara Ltd (when you select "Buy Now"), with simultaneous acceptance by Max Mara Ltd and initiation of procedures to prepare the products for shipping. In order to prevent online fraud, payments made through the Website are managed online by the bank managing your credit card through the tools offered by Axerve and PayPal. Axerve, PayPal and their affiliated companies are responsible for the automatic retention and processing in a secure environment of the information pertaining to each order, including details of the credit card used.

For payment, you must:

  • In the case of credit card payment, confirm on the Website the cardholder data used for the purchase; then enter the 16-digit number and expiration date on the Website, as well as the relevant security code.
  • In the case of PayPal payment, enter the access information on the PayPal page to which you will be automatically redirected, then complete the payment as indicated by the service administrator.

 

During the purchase, Max Mara Ltd will save an acknowledgement code associated with your PayPal account, which authorizes the exclusive use of future purchases, or the replacement of goods already purchased to avoid entering their PayPal access data again. It is possible to revoke this authorization at any time from within your “My Account”, by making an express request to Customer Service (customerservice@sportmax.com), or directly from your PayPal account. PayPal may require you to re-enter your login credentials if there is suspicion of unauthorized activity linked to the use of the PayPal account.

The conclusion of the order process will be considered effective after the completion of payment transactions once you are redirected to the Website, confirming acceptance of the order.

In the event that the charge is not accepted due to an incorrect data entry by you, or for other technical causes which will be communicated to you by the payment service provider, you will not be able to use "Buy Now"; if you decide to leave the payment page in the manner indicated by the service administrator, you will be redirected to the Website, which will inform you that the order cannot be completed.

The product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us. Title only passes and you only own the products you have purchased once we have completed delivery and we have received payment in full.

 

Delivery

Before making a purchase on the Website, you can choose one of the following delivery methods:

Delivery to your address

Delivery of the products is carried out exclusively in the UK, to the address indicated by you, only after regular payment of the order is sent to Max Mara Ltd. You cannot ask for delivery of products to PO boxes and/or similar. Max Mara Ltd will deliver the products to you as soon as reasonably possible and in any event within thirty (30) days after the day on which we accept your order. If you or any other person authorized to receive the shipment at the time of the delivery attempt are not available at your address, the express courier will leave you a written notice containing details of the delivery attempt and the codes and contact details that allow you to set the next delivery appointment with the courier. If you are unavailable at the time of the delivery attempt, the express courier will make a further delivery attempt the following day. If this second attempt is also unsuccessful, the express courier will leave written notice containing its contact details and the pick-up point where the products can be collected. If you do not collect the products from the pick-up point within 10 (ten) days, the ordered products will be returned to the warehouse. Customer Service will contact you to agree whether or not to proceed with a new shipment of the ordered products or to refund the relative payment.

In the further case where the delivery of the product(s) to you does not take place within 4 business days after the date of shipment, as communicated to the Customer by Max Mara Ltd, and the site tracking is impossible at the place where the goods are located through the online system that will be made available to you, you must notify Max Mara Ltd of the non-delivery of the product(s) via the "Contacts" page within the Customer Service area of the Website. Max Mara Ltd agrees to guarantee a new shipment of the lost product(s) within 48 (forty-eight) hours following the notification, except in the case of the product(s) being unavailable, or due to force majeure, which will lead to the cancellation of the order and the refund of the payment amount.

 

Delays in Delivery

You have legal rights if we deliver any products late without any justification. Subject to the above section on delivery, If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply: (i) we have refused to deliver the products; (ii) delivery within the delivery deadline was essential (taking into account all the relevant circumstances) and you told us before we accepted your order that delivery within the delivery deadline was essential and we agreed to this.

If you do not wish to treat the contract as at an end straight away, or do not have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

If you do choose to treat the contract as at an end for late delivery, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that, we will refund any sums you have paid to us for the canceled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact Customer Services on 08001114340 or email us at customerservice@sportmax.com for a return label or to arrange a collection.

If our supply of the products is delayed by an event outside our control (such as circumstances of force majeure) then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

 

Delivery Costs

Delivery is free for all products purchased on the Website.

 

Right of Cancellation

For most products brought online, you may exercise the right of cancellation provided for in the Consumer Contracts Regulations 2013 within fourteen (14) days from the day you (or someone you nominate) received the products.

You may exercise the right of cancellation without giving any reason:

  1. By sending the form included at Annex 1 or other similar declaration to Max Mara Ltd, 33 Wigmore Street, 2nd floor, W1U 1QX, London by email to customercare@sportmax.com, or fax to the number 08001114340 together with the purchased goods, in perfect condition and in their original packaging, with the label and all the documentation received; or
  2. By delivering the purchased goods to any of the stores listed at the following link https://gb.sportmax.com in perfect condition and in their original packaging, with the label and all the documentation received.

In the first case (letter a)), within fourteen (14) days from the request for cancellation above, you must return the products in the same condition in which they were received, following the procedures specified below, and the return costs will be charged to Max Mara Ltd. In the second case (letter b)), the return of the products will take place simultaneously with the exercise of the right of cancellation, at the store chosen by you.

If the cancellation procedure is completed according to the conditions above, the price paid by you for the returned products will be refunded within fourteen (14) days starting from the date in which Max Mara Ltd is informed of the cancellation request (if procedure a) is chosen) or without delay if returned to one of the stores (if procedure b) is chosen).

For procedure a), Max Mara Ltd can withhold reimbursement until it has received the canceled goods or until you have demonstrated that you have shipped the goods, whichever occurs first.

If payment is made by credit card or PayPal, Max Mara Ltd will make this refund using the same means of payment used by you for the initial transaction, unless otherwise expressly agreed to with you and provided that this does not result in additional costs for you.

To this end, you authorize Max Mara Ltd to keep your bank details and payment data on file for the time necessary to exercise the right of withdrawal.

 

Returns

In the event that a right of cancellation is exercised, you must return the products according to one of the procedures outlined below.

Returns based on the Max Mara Ltd procedure with the UPS carrier.

You will be able to return the products for free and without shipping costs using the Max Mara Ltd returns procedure.

If you are a registered user on the Website and have a “My Account”, you can: (i) access your profile, (ii) go to the “My Orders” section, (iii) select the product to be returned and click on “Request Return”. If you are not a registered user on the Website and do not have a “My Account”, you may contact Customer Service by telephone or by email requesting the use of the Max Mara Ltd return procedure.

During the return request, you must indicate on the Website using your account or arrange directly with the Customer Service the time slots in which the courier can make the pickup. The collection of the returned goods must occur within and not after fourteen (14) days from the date you received your order.

Following the above-mentioned return request, you will receive an email for the return receipt. You will receive an email with the tracking number only after the package has arrived at the UPS headquarters, to trace and check the shipment's progress. Using the Website’s free returns service will give you the security of being refunded in case of theft or loss of shipment.

The Max Mara Ltd return process can only be done in the UK.

Return method for a carrier other than UPS

Products may be returned via a courier within fourteen (14) days from the date you received your order.

Returns should be sent to the following address:

Unit 2 and 3, The Griffin Center, Staines Road, Feltham TW14 0HS

You will be responsible for paying the cost of returns in all circumstances, other than where the products are faulty and we have instructed you to return the goods, in which case we will arrange the return or ask you to return and bear the cost of this.

Conditions of integrity for the return

You can return an item purchased on the Website only if it is in the same condition as when it was received by you. You must then ensure that:

  • The item has not been used or suffered damage during being tried on;
  • The item has not been dirtied or been washed;
  • The item keeps all labels, tags and warranty seals on the item when checking the quality and original finishes;
  • The item has not been modified in any way; and
  • All types of items delivered in their original box (e.g. shoes or small accessories) must be returned in their original packaging.

In the case that damaged, incomplete and/or deteriorated goods are returned and/or the conditions of use are not compliant with the above, notwithstanding the right of cancellation, you will be charged the sum corresponding to the decreased value of the goods. In such cases, Max Mara Ltd will promptly notify you of the damage and non-conformities found when receiving the items. The amount charged to you, which in any case cannot be higher than the price paid for the purchase of the item, will be deducted from your refund.

Any questions can be directed to our Customer Service.

Product returns coming from unidentifiable persons and with no order reference will remain in storage in the warehouses of Max Mara Ltd for a period of sixty (60) days from receipt of the goods, after which, if the person has not been identified, Max Mara Ltd can dispose of them freely.

Products that are incorrect, damaged or different from those ordered

The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device's display of the colors accurately reflects the color of the products. Your product may vary slightly from those images. The packaging of the product may vary from that shown in images on our website. In these cases, or in the case of receipt of a product other than the one ordered, you may only return the product in line with your “Right to Cancellation” set out above.

If your product is damaged, see “Summary of Your Legal Rights” below.

 

Disclaimer of Warranties; Limitation of Liability

We only supply the products for personal use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by its negligence, for fraud, for breach of your legal rights in relation to the products, or any other damage that cannot be excluded by law.

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. “Foreseeable” means that it is anticipated as reasonably likely outcome of a breach.

 

Contact Us: Complaints, Communications and Information

For any information or complaint, or for any communication regarding these Terms, your order and/or our products, you may contact Customer Service by telephone on 08001114340, by email on customerservice@sportmax.com, or through the "Contact" link in the Customer Service section on our Website.

You can contact Customer Service for free by email, by filling in the form, or by calling the telephone number Monday to Friday. Please note that if you decide to use any other channel or form of communication (for example: ordinary mail, fax, calls to a paid telephone number related to Max Mara Ltd) than those described above, Max Mara Ltd will not be required to reimburse any costs incurred by you for the use of these means of communication.

If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

 

Force Majeure

The performance of services by Max Mara Ltd may be suspended in the event of a force majeure event, which is an event that is outside of our reasonable control, such as (but not limited to)  an act of God, bad weather, lock downs and government restrictions or spread of infectious diseases, pandemics and endemics, war, riots, insurrections, strikes and supply issues at Max Mara Ltd due to third-party suppliers. We will not be responsible for any delay or failure to perform where this is caused by such force majeure event. Max Mara Ltd will where possible inform the Customer of any force majeure within seven (7) days of their occurrence. If the service suspension extends for a period longer than 15 days, the Customer will be able to cancel the order and refund the amounts already paid.

 

Your Privacy

We have a privacy policy explaining to you how we will process your personal data, and explaining your rights in relation to the same. A copy of our privacy policy can be found at the Website.

 

Your Legal Rights

Nothing in these Terms will affect your legal rights as a consumer available to you under applicable statutory law.

This is a summary of your legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product, your legal rights entitle you the following:

  • Up to 30 days: if your goods are faulty, then you can get an immediate refund.
  • Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
  • Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

You also have the right to change your mind, which is detailed in the above section “Right to Cancellation”.

 

General Provisions

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 

 

We may transfer our rights and obligations under these Terms to another organization. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end these Terms within ten (10) days of us telling you about it.

These Terms are between us and you and do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

 

Applicable Law and Jurisdiction

These Terms, and any dispute arising out of or in connection with these Terms, shall be governed by and construed in accordance with the laws of England and Wales and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales. However, as a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.

 

 

ANNEX 1

CANCELLATION FORM

ATTENTION:

If the Customer fails to complete the rescission form on gb.sportmax.com, the Customer will be able to send the rescission form to the following address:

To the attention of Customer Service - Rescission, Max Mara Ltd, Customer Service, by fax, email customerservice@sportmax.com, or telephone number:  08001114340

- I/we hereby (*) report (*) the termination of my/our (*) sales contract of the following goods …………………………

- ordered on …………….. (*) / received on ………………… (*)

- Name of the consumer(s) ....................

- Address of the consumer(s) ....................

Signature of the consumer(s) ....................

Date ……..

(*) delete the non applicable item