Terms and Conditions of Use – Sportmax US Site
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
Welcome to the website of Sportmax Retail, Ltd. ("Company", “Sportmax”, “our”, "we" or "us"). The following terms and conditions of use (together with any documents referred to herein) ("Terms and Conditions") apply to your use of our website, http://www.us.sportmax.com, including any related web pages, content, functionality and services offered thereon (the "Site"). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE.
3. INTENDED USERS
This Site is hosted and operated in the United States, pursuant to the applicable laws in the United States, and is only intended for users who are located in the United States of America. Sportmax makes no representation that the Site or any materials or Content (defined below) available thereon, are appropriate or available for use in locations other than the United States. Those who choose to access this Site from locations outside of the aforementioned jurisdictions do so at their own risk and are responsible for compliance with applicable foreign laws.
4. MODIFICATIONS TO TERMS AND CONDITIONS
We may make material changes to these Terms and Conditions without prior notice to you by posting revised Terms and Conditions on this page of the Site and updating the “Last Modified” date below. It is your responsibility to review these Terms and Conditions from time to time to take notice of any changes we made. By accepting such revised Terms and Conditions through a “click accept” in such notification email or account page statement, by completing a purchase on the Site after these Terms and Conditions have been revised with a notice at checkout that your completion of a purchase will constitute your acceptance of the revised Terms and Conditions, or, otherwise, by your continued use of the Site following the posting of revised Terms and Conditions you accept and agree to such revised Terms and Conditions.
5. INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS
entire contents of the Site, including without limitation, all content, information, software, code, data, text, displays, images, video and audio, “look and feel”, logos, slogans, trade names, product/service names, domain names, and the design, selection and arrangement of the Site as a collective work and/or compilation (collectively the "Content") is protected by United States and international laws regarding copyrights, trademarks, trade dress, unfair competition and other intellectual property or proprietary rights, and is owned or licensed by Sportmax. You will want to abide by all copyright and trademark notices, attribution information, or restrictions contained in any Content accessed through the Site because a failure to do so may lead to legal liability being imposed on you. No right relating to any intellectual property of Sportmax or any other party is transferred to you or any other person as a result of your use of this Site.
6. SITE ACCESS AND LIMITED LICENSE
Sportmax grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and its Contents for your personal, non-commercial purposes only. You may download a copy of the Site (and any Content therein) for permitted uses under this limited license, provided that you maintain all copyright, trademark, service mark notices and other attributions contained in such Content (including without limitation, the copyrights, trademarks and service marks of Sportmax, its affiliates or any third parties that are identified).
Except as otherwise provided herein, you may not copy, modify, create derivative works from, publicly display or perform, republish, transfer, sell, download (other than page caching on your web browser), store, transmit or exploit this Site or any portion thereof without the express prior written consent of Sportmax. In addition, you must not reproduce, resell, or otherwise exploit for any commercial purposes any products or services provided on or through this Site or any Content.
We reserve the right, in our sole discretion, to terminate or suspend your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice if we have reason to believe you have violated, or have attempted to violate, these Terms and Conditions.
Certain areas of the Site may require registration. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your username, password and any other information relating to your account confidential. The protection of your username and password is your responsibility. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for making such party aware of these Terms and Conditions and for any violation of these Terms and Conditions by such party.
8. CHANGES TO SITE
We may change, suspend, discontinue and/or restrict the use of all or any portion of the Site (including the availability of any products, data or other information contained on the Site), at any time for any reason and without notice or liability. We reserve the right, with or without notice to you, to change any of the products or services offered on the Site or any other aspect of the Site including, but not limited to, hours of operation, site maps, menu structures, access procedures, software commands, documentation, and/or service providers.
9. PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to:
Use the Site in any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other person’s use of the Site, including their ability to engage in real time activities through the Site, or otherwise use any device, software or routine that interferes with the proper working of the Site.
Use any robot, spider or other automatic device, process or means to access the Site or to obtain user or other information from the Site (including, without limitation, any information residing on any server or database connected to the Site).
Use any manual process to monitor or copy any of the Content on the Site or for any other unauthorized purpose without our prior written consent.
Introduce any viruses, trojan horses, worms, code, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, hack into, decrypt, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site (including, without limitation, attacking the Site via a denial-of-service attack or a distributed denial-of-service attack).
Attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site.
The Site may link to other Internet websites and resources, including to the websites operated by social media platforms, affiliates, service providers, and third parties. The inclusion of any link to such websites does not imply the endorsement, affiliation or recommendation by Sportmax of such other website(s), and is for your reference and convenience only. Except with respect to the MaxMara global site located at [http://www.world.maxmara.com], Sportmax has no control over such other websites or their policies and expressly disclaims all responsibility or liability in connection with such other websites or their contents (including the accuracy thereof). You should direct any concerns regarding any link or other website to the site administrator or webmaster of such other website. Linking to any other website is at your own risk and subject to the terms and conditions of use of such third party website(s), which you should review carefully before engaging in any transactions on such website(s). You may not link a third party website(s) to this Site without the express written permission of the Company.
11. PRODUCT INFORMATION
We have made reasonable efforts to display as accurately as possible the pricing and availability, colors, description of products, or other Content that appears on this Site. Unfortunately, it is not possible to ensure that the Site is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, errors or omissions, some of which may relate to pricing and availability, colors, description of products, or other Content on this Site. Sportmax reserves the right to correct any typographical mistakes, inaccuracies, errors or omissions -- including after an order has been submitted -- and to change or update information at any time without prior notice to you. Products displayed on the Site are available while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in Sportmax stores. In-store pricing may sometimes differ from online prices and prices may change without notice. The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States. Sales taxes will be added to the total price when required by law.
12. TERMS OF SALE; RETURN AND SHIPPING POLICIES
All purchases through our Site are governed by our returns and refunds policies, shipping policies, and terms and conditions of sale set forth herein as the same may be amended from time to time.
13. TERMS OF PAYMENT
Payment must be made by using one of the following credit cards or an active PayPal account.
- Master Card;
- American Express;
- Discover Card.
The total amount of the order is charged to your credit card or PayPal account at the time the order is shipped. To pay by credit card or PayPal you must enter the account holder details, credit card number and security code information required at the check out portion of the Site. For payment using a PayPal account, you must enter your username and password in the specific fields on the PayPal page you are automatically directed to, then follow the procedures indicated on the page. The order procedure shall be considered effectively concluded on completion of the payment transaction. You will be automatically redirected to the page of the Site displaying the confirmation of acceptance of the order.
In the event that it is impossible to carry out the charge as a result of your making a mistake in entering the data or due to other technical causes, you shall not be able to complete the "order confirmation" procedure. If you decide to leave the payment page you will be redirected to a page of the Site which displays a message stating that it is impossible to confirm the order.
Products shall be delivered to the address in the United States you have provided in your order after the completion of the order and payment process. You cannot request the delivery of products to a post office box and/or similar addresses.
In the event that the Product(s) is/are not delivered to you within four (4) business days following the date of shipment and it has proven impossible to track the location of the goods using the on-line system that will be made available to you, you must notify us of the non-delivery of the Product(s) using the “Contact us" page in the Customer Care section of the Web Site. In such case, we provide a new shipment of the lost Product(s) following your notification, unless the Products are no longer available or we cannot make delivery due to a force majeure event, in which case, the order will be cancelled and the amount paid will be refunded.
15. SHIPPING COSTS
Shipping is free for all Products.
A Product purchased from the Web Site, can be returned free of charge, with no shipping costs, provided that the product is perfectly intact and in the same condition as you received it (see paragraph 16.2 below), and the related return period has not ended (see paragraph 16.3). After you have completed the procedure set forth below, you will receive an email confirming the acceptance of the return, containing the Tracking Number for the prepaid UPS pick up request, the link to the page of the UPS website where you can track your shipment, and the attached transport document. From the time you receive the confirmation email, you have 14 days to deliver the Product to UPS. You can schedule the day and time you prefer for pick up directly with UPS (as per the instructions below). You can renew the pickup request only if you are still within the return period defined in paragraph 16.3. Note that when the return is picked up, you will be asked for the printout of the transport document attached to the confirmation email you received. Thanks to this free return service of you can be certain that you will receive a refund for the returned Product(s) in the event the shipment is stolen or lost. You should always save the original packaging, which is essential for the subsequent acceptance of the return by Sportmax's quality control department. Note that we can only refund Products that are returned in conditions that comply with the rules regarding intact items (see paragraph 16.2 below). Our staff will thus carry out the necessary quality checks on the items returned, during the working days following the date the returned items were delivered to our offices. Following these checks, the Customer will receive an email confirming their outcome. The crediting of the amount due for all items received in the proper condition will then be made. If one or more items do not pass the examination for intact condition, you will be immediately notified of this, and the equivalent amount will not be refunded. Sportmax will hold the items deemed not to be in proper condition for a refund and you can order the delivery of these items at your expense. For any doubts, contact our Customer Care, or Customer Service on the website or at 866-676-2962.
16.1 Returns using couriers other than UPS
You can return items using a courier other than UPS. However, in that case, the shipping costs for the refund will be charged to you. Once you have checked that the products you intend to return are in the same condition as they were received in (see paragraph 16.2 below), contact Customer Care using the link "Contact Us” in the Customer Care section of the Web Site to request authorization of the return. You must have the details of the order confirmation ready, as the Customer Care operator will request them. If your request falls within the return period for the items, you will receive an email authorizing the return. The body of the email will include all the details. From that moment, you will have 14 days to deliver the goods you are returning to the courier. We recommend keeping the original packaging because it will be useful in preparing the package containing the items that have been authorised for return. We also suggest that you use a shipping method that provides tracking. Note that if you use a shipping service of your choice other than UPS, you will bear the shipping costs and liability for the delivery. If you wish to use the free return service, follow the return procedure for registered users. We will only issue a refund for Products that are returned in conditions that comply with the rules regarding intact items. The necessary quality checks will be carried out on the items returned within the return period, after which the Customer will receive an email confirming the outcome of the check. The crediting of the amount due for all items received in correct condition will then be immediately ordered. If one or more items do not pass the checks, you will be immediately notified of this, and the equivalent amount will not be refunded. Sportmax will hold the items deemed not to be in correct conditions and you, the Customer, can order the delivery of these items at your expense. For any doubts, please contact Customer Care.
16.2 Intact product requirements for return
You can return an item purchased on the Site only if it is in the same conditions in which you received it. The checks you must carry out to ensure that the item is in an intact condition in order to permit its return are listed below. You must make sure that:
- the item has not been used or damaged when trying it on;
- the item has not been soiled or washed;
- all of the original hang tags, labels and finishings are still attached to the item;
- the item has not been changed in any way.
In particular, we specify that all types of items which you receive in their original boxes (for example, shoes or small accessories) must be returned in their original packaging, which is considered an integral part of the item.
16.3 Return period
To return an item purchased on the Site, (a) a return request must be made no later than 14 calendar days from the day the item was received, and (b) the item must be delivered to UPS in the 14 days following the date the return request was made and (c) the procedure for returning the item must comply with the rules set forth in this policy. If you wish to deliver the items you intend to return to us yourself, you must immediately notify the Customer Care (via the link “Contact us”, in the Customer Care section of the Web Site). In that case, the items must be delivered to the address indicated therein no later than 14 calendar days from the return request.
When an item is returned, our staff must first verify that it has not been used or damaged (in this regard, please read the intact product requirements for return under paragraph 16.2). You shall then receive an email confirming that your return has been accepted, indicating the period in which the relevant amount will be credited using the payment method selected on ordering. If the amount refunded is incorrect, please contact Customer Care for a quick resolution of the problem.
16.5 Items not ordered, damaged or non-compliant with the order
Please note that the packaging used for the items sold to Customers is subject to strict quality controls in order to guaranty that they are in perfect condition when sold. In addition, each individual item shipped by the Web Site is checked prior to shipment. The Web Site employs photography methods of the highest standards, so that the colors of the items shown match the actual appearance of the items as much as possible. However, we cannot always guarantee that what appears on your monitor perfectly matches the actual appearance. If the color of the item received does not match your expectations at the time of ordering, you may return in within the return period (14 calendar days from the delivery of the order to notify your request for return and 14 calendar days following the request to deliver the return to UPS or have the return delivered to the delivery address via another courier), following the return procedure set forth in the “Returns and Refunds” section of the FAQ. If you have received a damaged item or an item that you did not order, we sincerely apologize and suggest that you request the immediate return of the items using the “Return” button next to the photo of the product in the “My Orders” section of your My Sportmax personal area, specifying the reason for your request. We shall bear all the shipping costs for the return. If there is evidence that the product was damaged during shipment, please contact our Customer Care no later than 48 hours following delivery, using the “Contact us” link in the Customer Care section of the Web Site. we shall provide a refund for any product sold which was damaged during shipment by its shipping agent, provided that:
- you notify us in writing of the damage, using the "Contact us" page in the "Customer Care" section of the Web Site no later than 48 (forty-eight) hours following the date of delivery;
- you provide us with the product in question, along with its original packaging; and
- the numbered quality control sticker on the product is intact and has not been removed, and is as it was placed on the item during the quality control prior to shipment.
If one or more of the above conditions is not complied with, we will not credit the amount paid, nor will we replace the product in question which, in that case, will be immediately made available to you, to be picked up at your expense. In that case, we will notify you via email of its rejection of the return, indicating the place where the item can be picked up.
You shall indemnify and hold harmless Sportmax, its affiliates, and their respective officers, directors, managers, employees, agents, service providers and licensors (collectively the "Indemnified Parties") from and against any and all losses, damages, liabilities, fees, costs, and expenses (including, without limitation, reasonable attorneys' fees and disbursements) incurred by the Indemnified Parties in connection with any claim, matter, dispute, action, cause of action, or suit, whether civil, criminal, administrative or investigative (each, a “Proceeding”) arising out of, based upon, the use of the Site or breach of these Terms and Conditions by you or any user of your account.
18. DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. NEITHER SPORTMAX, NOR ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, AND LICENSORS (COLLECTIVELY, “ASSOCIATED PERSONS”) MAKES ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR ANY SERVICE AVAILABLE BY USING THE SITE (INCLUDING, WITHOUT LIMITATION, THAT THE SITE OR SUCH SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THAT THE SITE OR THE SERVICES AVAILABLE BY USING THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS).
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, SPORTMAX AND ITS ASSOCIATED PERSONS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, INDEMNITIES AND GUARANTEES AS TO THE SITE OR ANY SERVICE AVAILABLE BY USING THE SITE, WHETHER EXPRESS OR IMPLIED, STATUTORY, ORAL OR WRITTEN (INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, OR NON-INFRINGEMENT). YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE SERVICES AVAILABLE BY USING THE SITE IS TO STOP USING THE SITE.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
19. LIMITATION OF LIABILITY
IN NO EVENT SHALL SPORTMAX OR ITS ASSOCIATED PERSONS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, YOUR USE, OR INABILITY TO USE, THE SITE OR ANY CONTENT THEREON, OR ANY PRODUCTS OR SERVICES AVAILABLE BY USING THE SITE, EVEN IF SPORTMAX OR ITS ASSOCIATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF SPORTMAX AND ITS ASSOCIATED PERSONS TO YOU FOR ANY DIRECT DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, YOUR USE, OR INABILITY TO USE, THE SITE OR ANY SERVICES AVAILABLE BY USING THE SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO THE COMPANY BY YOU FOR THE APPLICABLE PRODUCT OR SERVICE PURCHASED THROUGH THE SITE IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
20. CHOICE OF LAW; JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the internal laws of the State of New York, without regard to its principles of conflict of laws. The exclusive jurisdiction for any Proceeding arising out of or related to these Terms and Conditions shall be in the State or Federal courts located within New York County in the State of New York. You hereby irrevocably consent to the personal and exclusive jurisdiction of such courts and waive any objections you may have on the basis of forum non-conveniens, venue, jurisdiction or otherwise. To the fullest extent permitted by applicable law, no Proceeding with respect to these Terms and Conditions, the Site, or products or services purchased through the Site shall be joined to a Proceeding involving any other party, whether through class action proceedings or otherwise. You agree that any Proceeding arising out of or related to the Site (or to products or services purchased through the Site) must commence within one (1) year after such Proceeding accrues, otherwise, such Proceeding is permanently barred. Notwithstanding the foregoing, (i) if you have in any manner violated or threatened to violate our or our licensor’s intellectual property rights, we or our licensor’s may seek injunctive or other appropriate relief in any court of competent jurisdiction, and (ii) we reserve the right to bring an Proceeding against you for a breach of these Terms and Conditions in your state or country of residence or any other relevant country.
21. SEVERABILITY; WAIVER
If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. No waiver or failure to exercise or enforce any right or provision of these Terms and Conditions shall be deemed a further or continuing waiver of such right or provision or any other right or provision.
22. ENTIRE AGREEMENT
23. CONTACT US
If you have any questions about these Terms and Conditions, please contact us in one of the following ways: E-mail us at: firstname.lastname@example.org ; Mail us at: 530 7th Avenue; or call us at: 866-676-2962 .
24. LAST MODIFIED
Our Terms and Conditions were last modified on November 23rd , 2015.