Terms and Conditions

The Sportmax site consists of two computer applications:

 

- one for the sportmax.com institutional site, managed by Sportmax S.r.l. with a Sole Shareholder, Max Mara Group, registered offices in Via Giulia Maramotti, 4, 42124, Reggio Emilia, Italy, Economic Administrative Index: Reggio Emilia No. 182468 Business Registry of Reggio Emilia, Tax Code and VAT01397600352, EU VAT Code IT01397600352, Share Capital of €13.000.000,00, fully paid-up, hereinafter only "Sportmax", which has the right to use the domain name sportmax.com.

 

- one for the digital store sportmax.com, managed by Maxima S.r.l. Sole Shareholder Company – Max Mara Group, Registered office: Via Giulia Maramotti 4, 42124 Reggio Emilia (RE), Italy, Tel. +39 0522 504511, e-mail: customerservice@sportmax.com, REA: Reggio Emilia No. 96138/RE, Business Register of RE, Tax Code and VAT No. 00145560355, EU VAT ID IT00145560355, Share Capital €600,000 fully paid-up, hereinafter only “Maxima” that sells Sportmax products online in Italy.

 

SALES CONDITIONS

The online sales system, which assumes active customer intervention, has been implemented in full compliance with the rules on distance selling, and, in particular, art. 49 et seq. of the Consumer Code (Legislative Decree No. 206 of September 6, 2005 and the subsequent amendments and additions). The use of the distance selling process described in these General Sales Conditions is reserved exclusively for consumers as defined in Art. 3 of Legislative Decree 206 of September 6, 2005 and only if the products are delivered to the Italian territory (hereinafter defined for brevity as the "Customer" or "Customers").

 

1. Field of Application

These general terms of sale are applicable to all Sportmax product sales, completed remotely through the sportmax.com site. These general distance selling terms and conditions must be thoroughly examined by the Customer prior to the completion of the remote purchase process for the aforementioned product. It is understood that placing a purchase order through the sportmax.com site implies total and absolute knowledge of these general terms of sale and their full acceptance: the Customer, by placing the purchase order through the sportmax.com site, unconditionally accepts and agrees to observe, in its relations with Maxima, these general terms of sale as well as the payment terms shown below, stating that he/she has read and accepted all the information provided. Any derogations to these general conditions will only be effective if agreed upon in writing between the parties. These general terms and conditions of sale are to be considered applicable and effective as long as they are published on the sportmax.com website. Any changes to these general sales conditions will be published on the site and the new general sales conditions will only apply to orders made from the day of their publication.

 

2. Seller Identification

Maxima S.r.l. Sole Shareholder Company – Max Mara Group, Registered office: Via Giulia Maramotti 4, 42124 Reggio Emilia (RE), Italy, Tel. +39 0522 504511, e-mail: customerservice@sportmax.com, REA: Reggio Emilia No. 96138/RE, Business Register of RE, Tax Code and VAT No. 00145560355, EU VAT ID IT00145560355, Share Capital €600,000 fully paid-up, online distributor for the Italian market of Sportmax products.

 

3. Information on the Product

Information about Sportmax products that can be sold remotely through the maxmara.com site is provided in accordance with applicable laws and, in particular, Articles 49 and 51 of the Consumer Code.

 

4. Product Orders and Signing the Contract

The presentation of the products on the site is an invitation to tender.

The order can be made through the sportmax.com website by selecting any image of the product presented and in any case following the steps and instructions specified on the site. In order to make any changes and/or corrections to the order, the Customer shall follow the instructions contained on the Site.

By placing an order through this website, the customer guarantees that he/she is over 18 years of age and has the legal capacity to enter into binding contracts.

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 Maxima database for the period of time set forth by the current legislation.

The order will then be considered a contractual purchase proposal. Upon receipt of the order, Maxima will send the Customer 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 the Customer's Purchase Proposal, and serves only as confirmation that the order has been received. Upon receipt of Customer's order, Maxima will verify the availability of the ordered products as well as the accuracy of the information provided by the Customer. 

The sales agreement with Maxima will only be completed by sending a separate email of acceptance for the purchase proposal and/or dispatch confirmation of the ordered products. 

The Customer’s order may be rejected in the event in which the information provided by the customer is incorrect or does not comply with these general conditions, if the available products are out of stock, if insufficient solvency warranties are detected, 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 due to cases of force majeure.

If the order cannot be accepted, Maxima will communicate within 10 days following receipt of the order the impossibility of processing the order, which will be followed by the immediate release of the payment amount. 

 

5. Product Price

The price of the product published on the site relates to the single item, expressed in Euros and including VAT. Maxima will pay all taxes, duties, charges and/or shipping costs. 

 

6. Payment Conditions

The customer can pay by credit card, PayPal, Klarna or COD cash on delivery. The following credit cards are accepted:

 

- Visa/Visa Electron;

- Mastercard;

- American Express;

- Maestro International.

We accept also payment with Gift Card.

 

The total amount of the order is committed to the Customer’s credit card or PayPal account upon forwarding of the order to Maxima (when the Customer selects "Buy Now"), with simultaneous acceptance by Maxima pursuant to art. 4, and initiation of procedures to prepare the products for shipping. In order to prevent online fraud, payments made through the sportmax.com website are managed online by the bank managing the Customer's credit card through the tools offered by Cybersource and PayPal. Cybersource, 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, the Customer must:

 

- in the case of credit card payment, confirm on sportmax.com the cardholder data used for the purchase; then enter the 16-digit number and expiration date on the same site as well as the relevant security code;

 - for COD payment, pay the order amount to our partner in cash. This payment option is a special service that costs an additional flat surcharge of 8,00€. If you choose this payment method, the total amount of the order cannot exceed €4999.99. This payment method cannot be used for amounts higher than this.

- 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.

- for purchases made via gift card, insert the 16-digit number found either on the back of the card or inside the e-mail in the case of an online purchase.

During purchase, Maxima will save an acknowledgement code associated with the Customer's PayPal account, which authorises 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 the aforementioned authorisation at any time from within your My Account or by making an express request to the Customer Service (customerservice@marinarinaldi.it) or directly from the Customer's PayPal account. PayPal may require the Customer to re-enter their login credentials if there is suspicion of unauthorised 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 the customer is redirected to the sportmax.com website, confirming acceptance of the order.

 

In the event that the charge is not accepted due to incorrect data entry by the Customer or for other technical causes which will be communicated to the Customer by the Payment Service Provider, the Customer will not be able to use "Buy Now"; if the Customer decides to leave the payment page in the manner indicated by the service administrator, the Customer will be redirected to the website it.sportmax.com, which will inform him that the order cannot be completed. 

 

7. Delivery

Before purchasing the customer can choose one of the following delivery methods.

7.1 Delivery to the Customer's address.

Delivery of the products is carried out exclusively in the Italian territory, at the address indicated by the Customer, only after regular payment of the order sent to Maxima. The Customer cannot ask for delivery of products to PO boxes, sorting centres and/or similar. In compliance with the provision contained in art. 61 of the Consumer Code, Maxima will deliver the products within and not more than 30 days from the day the Customer sent the order. If the recipient or other person authorised to receive the shipment at the time of the delivery attempt is not available, the express courier will issue 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 the recipient or other person authorised to receive the shipment is 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 the Customer does 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 the Customer 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 the Customer does not take place within 4 business days after the date of shipment, as communicated to the Customer by Maxima, and the site tracking is impossible at the place where the goods are located through the online system that will be made available to the Customer, the Customer must notify Maxima of the non-delivery of the product(s) via the "Contacts" page within the Customer Service area of the sportmax.com site. Maxima agrees to guarantee the new shipment of lost the 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.

 

7.2 Delivery to the selected point of sale (not possible if the chosen payment method is cash on delivery)

The products are delivered exclusively in Italy to the point of sale selected by the Customer from among those specified and available at this link , only after Maxima has received payment for the order. The Customer cannot request delivery of the products to post office boxes, sorting centres and/or similar. In compliance with the provision contained in art. 61 of the Consumer Code, Maxima will deliver the products, making them available to the Customer at the selected point of sale no later than 30 days from the date on which the Customer submitted the order.

If the Customer does not pick up the products from the selected store within 15 days from the date on which he/she was notified of the products' availability at the selected store, the products ordered will be returned to the warehouse and the price paid by the customer will be refunded.

 

8. Shipment Costs

Delivery is free for all items that can be purchased at sportmax.com.

 

9. Right of withdrawal

9.1 The Customer may exercise the right of withdrawal provided for in Article 52 of the Consumer Code within 14 (fourteen) calendar days from the day on which the Customer or a third party, other than the carrier, designated by the Customer acquires physical possession of the goods.

The Customer can exercise their right of withdrawal, without stating reasons:

a.             via the withdrawal function named “cambia/rendi” available on the online interface.

b.             by sending the form referred to in Annex 1, or other explicit statement, to Maxima S.r.l. all’indirizzo via Santi 8, 42025, Cavriago (Reggio Emilia), Italia], by email, to the account customerservice@sportmax.it and, where appropriate, together with the purchased goods in perfect condition in the original packaging with the label and all documentation received;

c.             by delivering the purchased merchandise to any of the stores that can be selected and consulted at the following link sportmax.com/store-locator, in perfect condition in the original packaging, with the label and all the documentation received.

In the first two cases, point (a) and point (b), the Customer must then return the products in the same condition as they were in at the time of their delivery, no later than 14 (fourteen) calendar days after the above withdrawal request, following the procedures described in the following articles 10.1 or 10.1 bis and 10.2 and the related cost of the return will be charged to Maxima. In case (c), the return of the products will occur at the same time as the exercise of the right of withdrawal, at the point of sale chosen by the Customer.

The options indicated in points (a), (b) and (c) are alternatives.

If the right to withdrawal is exercised in a way that satisfies the above conditions, the value of the returned products – equal to their purchase price – shall be refunded by crediting the amount paid by the Customer within 14 (fourteen) calendar days from the date on which Maxima becomes aware of the request for withdrawal (in the cases referred to in point (a) and (b)); or without undue delay following the date of delivery to one of the stores available for selection (in the case referred to in point (c)).

In the cases referred to in point (a) and (b), Maxima may withhold the refund until it has received the goods being returned, or until the consumer has demonstrated that they have returned the goods, whichever is the earliest.

For purchases made via credit card or PayPal or Klarna, Maxima will process this refund using the same payment method used by the Customer/consumer for the initial transaction, unless another payment method is expressly agreed with the Customer/consumer and provided that this does not result in additional costs for the consumer.

For purchases made with cash on delivery, Maxima will carry out the refund via a bank transfer, using the bank details provided by the Customer.

To this end, the Customer authorises Maxima to retain their bank details and payment data for the period necessary to exercise the right of withdrawal.

 

10. Returns

If the Customer exercises the right of withdrawal for products other than perfumes for which the procedure set forth in Art. 9.2 applies, the Customer may return the products following the procedures indicated below.

 

10.1 Standard return with courier collection according to procedure Maxima

The Customer may return products free of charge and without shipping costs by using the standard return procedure with home collection by the courier of Maxima.

If the Customer is a registered user on the sportmax.com website and has a My Account, the Customer can: i) access his/her profile, ii) go to the “my orders” section, iii) select the product to be returned and click on “Richiedi il reso”. If the Customer is not a registered user on the sportmax.com website and does not have a My Account, they may contact Customer Service by telephone or by email requesting the use of the Maxima returns procedure.

During the return request the customer must indicate on the website using his/her account or arrange directly with the Customer Service the time slots during which the courier can make the pickup. The collection of the returned goods must occur within and not after 14 (fourteen) days from the exercise of the right of rescission referred to in Article 9 above.

Following the above-mentioned return request, the Customer will receive an email for the return receipt, containing the label and collection number to apply to the package that is to be picked up by Maxima. The Customer will receive an email with the Tracking Number only after the package has arrived at the courier’s headquarters, to trace and check the shipment's progress. Using the Maxima free returns service, Customers can rest assured that they will be refunded in event of theft or loss of their parcel.

The Maxima return process can only be activated within Italy.

 

10.1-bis Flexible return via a proximity network of Pick-up Points and Lockers

As an alternative to collection from their home pursuant to art. 10.1, the Customer may choose to return the products independently and free of charge through our proximity network partners, by going to a partner-affiliated physical collection point (e.g. tobacconist, newsagent, affiliated store) or by placing the parcel inside an automated locker.

This option is only valid for exercising the standard right of withdrawal with a request for a refund. It cannot in any case be used for exchange procedures (art. 10.6), nor is it available for orders that the Customer originally chose to pay for in cash on delivery (cash on delivery, art. 6). If a Customer attempts to use this option for an exchange request or for an order originally paid via Cash on Delivery, Maxima will cancel the request, and the Customer will be contacted by Customer Service to arrange the return or exchange using standard methods.

The Customer may access the digital platform of the proximity network through the links and indications provided within the FAQ section of the website sportmax.com. The Customer must enter the data required to open the return request. The Customer will receive an email containing the return label to print and affix to the parcel, the summary of the Pick-up Point or Locker selected and the related instructions.

The Customer must deliver the parcel to the chosen Pick-up Point or Locker no later than 14 days from the exercise of the right of withdrawal pursuant to art. 9.

 

10.2 Return procedure using a carrier chosen by the Customer, other than the one selected by Maxima

If the Customer does not intend to use the Maxima return procedure, the products must be returned within 14 days of exercising the right of withdrawal to Sportmax Customer care.

Magazzino La Giovane S.C.P.A.

+390521211701

Via Dell'Artigianato, 2/a

43122, Parma (PR)

The direct return costs will be paid by the Customer.

 

10.3 Store returns

If the Customer exercises the right of withdrawal under Article 9, second paragraph, item (c), they may return the products free of charge by bringing the purchased goods to any store listed at link sportmax.com/store-locator. Returns must be made within 14 days from the day the Customer, or a third party other than the carrier designated by the Customer, takes physical possession of the goods. Returning items in-store is an alternative to the return methods described in points 10.1 and 10.2.

 

10.4 Conditions of Integrity for Returns

In accordance with Article 57 of the Consumer Code, the consumer shall be liable if the products returned by the Customer are found to be damaged, incomplete, deteriorated and/or used in a manner that does not comply with the reasonable standard of care. An item is considered to have been used beyond the bounds of reasonable care if it has been used beyond what is necessary to establish its nature, characteristics and functioning (e.g. if the labels have been removed, or if the garment has been worn rather than merely tried on).

You can return an item purchased at sportmax.com only if it is in the same condition as when it was received. The Customer must then ensure that:

- the item has not been used or suffered damage while being tried on;

- the item has not been dirtied or been washed;

- the item retains all its hang tags, labels, the quality control seal affixed to the garment at the time of quality control, and its original finishes;

- the item has not been modified in any way.

Please note, in particular, that all types of items contained in an original box (e.g. shoes or small accessories) must be returned in their original packaging, which is considered an integral part of the article.

In case an item is returned to Maxima damaged, incomplete and/or deteriorated and/or used in a manner not compliant with reasonable standards of care, notwithstanding the right to withdrawal, the customer will be charged the amount corresponding to the decreased value of the goods. In such cases,  Maxima will promptly notify the Customer of any damage or non-compliance found upon receipt of the items and the amount that will be charged to the Customer for the damage to the item. In any case, the amount cannot be higher than the price paid for the purchase of the item and will be deducted from the refund owed to the Customer. At this point, the Customer may decide whether to have the product sent back at the price paid, bearing the shipping costs for returning the damaged item. The Customer may choose to use a courier appointed by Maxima or a different carrier.

If you have any queries, please contact our Customer Service team, who, in the event of any difficulties regarding the shipment and/or delivery of your order, will provide the customer service details of the appointed courier.

Non-compliant returned products for which the Customer has not requested redelivery, as well as returned products from unidentifiable parties without any order reference, will remain in storage at the Maxima warehouses for a period of 60 days from receipt of the goods. After this period, if the sender has not identified themselves or the Customer has not requested their return, Maxima may dispose of them at its sole discretion.

 

10.5 Items that are incorrect, damaged or different from those ordered

We would like to inform Customers that sportmax.com subjects its garments and the materials used in their manufacture to strict quality controls, ensuring that they are sold in perfect condition. In addition, for greater protection of those who make remote purchases, every single item shipped by sportmax.com is checked before dispatch. Sportmax.com adopts the best photographic standards, so that on the website, the colours of the items are as close as possible to how they appear in real life. Possible variations are not excluded due to the technical characteristics and colour resolution of the Customer’s computer. Maxima is therefore not responsible for any inadequacy of the photographic representations of the products due to the aforementioned technical reasons. In these cases, the Customer may only return the product within the terms of the withdrawal period referred to in art. 9.

In case of receipt of a product other than the one ordered, the Customer may return the product within the terms of the withdrawal period referred to in art. 9.

 

10.6 Product Exchanges

Within and not exceeding 14 days from receipt of the ordered products, purchased products can be exchanged, on request by the Customer, with other products of the same style, exchanging size and/or colour, according to the return procedures already stated in the previous Articles 10.1. and 10.2. The option for exchange is not applicable to the purchase of perfumes.

The Customer may also exercise the right of withdrawal for exchanged products, following the same procedures indicated in Articles 9, 10.1, 10.2 and 10.3.

Therefore, exchanges cannot take place in physical stores, but only through the website sportmax.com, following the procedures for requesting and returning products specified therein.

 

11. Compliance – Warranty

1. The purchased products benefit from the legal guarantee according to Articles 129 and following of the Consumer Code. Maxima is responsible of any lack of conformity, already existing at the time of the delivery of the products, that becomes apparent within 2 years from delivery of the products.

 2. Any complaint for lack of conformity must be communicated in due time to Maxima with a description of the non conformity.

3. For a quick management of the complaint, the Customer may also report the non-compliance by requesting immediate delivery via the "Order" button next to the product photo under the "My Orders" button of the personal area of My Account, specifying the reason for the request according to the methods indicated on sportmax.com.

4. In case of receipt of non-conforming products or of a product other than that ordered, the Customer must make the product available for Maxima and Maxima must verify that the numbered warranty seal placed on the item during the quality control prior to shipping is intact and has not been removed.

5. The Customer shall be entitled to have the non-conforming Products restored, free of charge, by means of replacement. Under no circumstances will tailoring changes be made to the garments purchased since these would be overly costly for Maxima. Likewise, no costs that the Customer incurs in order to make tailor-made adjustments and/or alterations to the items purchased will be reimbursed, and will therefore remain at the exclusive expense of the customer.

 6. In the cases set out by the Consumer Code, the Customer may choose between either cancelling the purchase or a price reduction. These remedies in the case of delivery of a plurality of Products shall apply only to the non-conforming Product unless the customer cannot be reasonably expected to keep only the conforming Products.

 

12. Complaints - Communications - Information

For any information or complaint or for any communication regarding these general sales conditions, orders and/or Sportmax products, the Customer may contact Customer Service through the "Contact" link in the Customer Service section at sportmax.com.

 

1. The Customer can contact Customer Service for free by mail, by filling in the form, or by calling the telephone number Monday to Friday.

 

Please note that when the Customer decides to use any other channel or form of communication (for example: ordinary mail, fax, calls to a paid telephone number related to Maxima Srl, etc.) than those described above, Maxima Srl will in no case be required to reimburse any costs incurred by the Customer for the use of these means of communication.

 

13. Personal data privacy and protection provisions

The collection and processing of data is carried out to manage and execute present and future purchase orders and in particular for the fulfilment of the obligations arising out of these General Sales Conditions.

A copy of the Privacy Policy can be found at www.sportmax.com.

 

14. Force Majeure

The performance of services by Maxima may be suspended in the event of an act of God or force majeure that prevents or delays its execution. As such, they are considered events beyond the will of Maxima, which the latter could not reasonably expect at the time of the signing of the sales contract; such as, but not limited to, war, riots, insurrections, strikes and supply issues at Maxima due to third-party suppliers. Maxima will inform the Customer of any acts of God or 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.

 

15. Applicable Law and Jurisdiction

These general sales conditions are governed by Italian law.

In the event of disputes regarding these general sales conditions, the Customer is informed of the possibility of using the ODR platform for resolving online consumer disputes pursuant to EU Regulations 524/2013 and Legislative Decree 130/2015 adopted in implementation of EU Directive 2013/11. This platform is active at the following website

https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=IT.

 

However, the Customer has the right to use the ordinary dispute resolution methods arising from the interpretation, validity and/or performance of these general conditions of sale, and, in this case, the inviolable territorial jurisdiction will be the Court in the location of the consumer's residence or domicile.

 

16. Accessibility requirements
The services offered on this site comply with the accessibility requirements set out in EU Directive 2019/882 and Legislative Decree no. 82 of 2022. Detailed information on how the site meets accessibility requirements is available at the following link https://it.sportmax.it/info/legal-area/accessibility

 

ANNEX 1

RESCISSION FORM

 

ATTENTION:

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

 

To the attention of Customer Service - Rescission, Maxima s.r.l., Customer Service, [………………, ] or by email …………, tel …:

 

 

- 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