General Terms and Conditions
1. General provisions
Please read these General Terms and Conditions carefully before purchasing goods on the website www.zoggs.com. By purchasing goods from this website, you automatically consent to these General Terms and Conditions.
2. Order process and conclusion of this contract
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 S.p.A. in your enquiry or in your order is correct and complete. MARES S.p.A. 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.
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.
5.2. MARES S.p.A. calculates delivery and shipping charges separately for each delivery address. 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 or telephone 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.zoggs.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 S.p.A. 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 they are too big for your house or flat entrance door or for the staircase, or 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 damage 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 fourteen days. The revocation period is two weeks. You have the right, without giving reasons, to revoke the contract within fourteen (14) 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 inform us (MARES S.p.A., attention of “Zoggs Customer Service", Watchmoor Park, Building 3 Floor 1. Suites 117: 119, Camberley GU15 3YL, United Kingdom, e-mail to: email@example.com in due time of your intention to revoke this contract. For this purpose, you may use the revocation form template which is available on our website; however, this is not mandatory.
9.1.3. Sending notification of exercising the right of revocation before the cancellation period ends is sufficient for the compliance with the cancellation period.
9.2. Consequences of revocation
9.2.1. 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 immediately or, subject to the situations mentioned below, within fourteen (14) days at the latest from the day we receive your notification of revocation. 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 at the latest fourteen days from the day on which the contract has been revoked. The term is deemed complied with if you ship the goods before the end of the term of fourteen (14) days.
9.2.3. The direct cost of returning the goods shall be borne by you. However, if you want to return the goods free of charge, please contact our customer service at contact@ mares.com; they will provide you with a prepaid return label from our courier services provider which is absolutely required to return goods free of charge. Please put the article(s) into a box, attach the prepaid return label so that it is clearly visible on the upper side of the box and post the package at the nearest office of our courier services provider.
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;
- the supply of goods which are liable to deteriorate or expire rapidly;
- the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
- the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;
- the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
- the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.
10. Customer service
If you have any questions, comments or complaints relating to your ordered goods, please contact us at MARES S.p.A., Zoggs Customer Service, Watchmoor Park, Building 3 Floor 1. Suites 117: 119, Camberley GU15 3YL, e-mail to: firstname.lastname@example.org
11. Warranty and liablity
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 telephone or 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.
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 S.p.A. MARES S.p.A. is free to choose which solution best applies.
11.6 If the product in question is no longer available or the repair costs are enormously high, MARES S.p.A. has the right to replace it with a product of similar value.
11.7 Excluded from the warranty are all damages due to transport or improper storage of the product. 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 product has been changed or repaired by a person other than MARES S.p.A. or a MARES S.p.A. representative
- The product has been repaired with unauthorised replacement parts
- The serial number on the product has been removed, altered or made illegible
As long as we are not obliged by mandatory law, we decline all liability for damages or secondary damages caused by use of the product, regardless if a claim is based on the sales contract, within a legal warranty claim or if such a claim for damage with exception to the product itself, has led to loss with regards to the use of the product or another valuable asset or loss of profit.
12. Data protection
13. Applicable law/place of jurisdiction
Unless otherwise mandatorily required by law, these General Terms of Business are subject to the law of the country to which we deliver pursuant to point 2.1, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and excluding the conflict-of-law rules.
14. #swimcouchto5K Photography Competition 2021
These terms and condition apply to the #swimcouchto5K Photography Competition on Instagram organised by Zoggs in partnership with The Outdoor Swimming Society.
1. #swimcouchto5k photography competition is offering a pair of Predator Flex Polarised Ultras and a red Outdoor Swimming Society Swim Cap weekly for 7 weeks.
2. The opening date for entries Monday 3 May 2021 and the closing date is Monday 21 June 2021. Entries received after this time will not be accepted as part of the competition.
3. All entries must be submitted by using the hashtags #zoggsuk #outdoorswimmingsociety #swimcouchto5k on the Instagram Social Media Channel.
4. Each week one winning entry will be picked - a beautiful image from the #swimcouchto5k training journey that inspires, motivates or amuses the judges (and those that see it). Winners will be announced on Wednesdays, starting from 12 May and including, 19 and 26 May, and 2, 9, 16 and 23 June.
5. Prizes unclaimed within seven days of winning will be withdrawn. The organisers will contact the winners once only.
How to enter
6. The opening date for entries is 00:00:01 (GMT) on Monday 3 May 2021. The closing date is 23:59:59 (GMT) on Monday 21 June 2021. Entries received after this time will not be accepted.
7. All entries must be submitted by tagging #zoggsuk, #outdoorswimmingsociety #swimcouchto5k on Instagram.
8. The Photography Competition is free to enter and no purchase is necessary.
9. Zoggs and The Outdoor Swimming Society will not accept: responsibility for entries that are lost, mislaid or delayed, regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.
10. By submitting an entry, you are agreeing to be bound by these terms and conditions. A copy of these terms and conditions is available on our website.
11. Zoggs and The Outdoor Swimming Society reserves the right to refuse entry, or refuse to award the prize to anyone in breach of these terms and conditions.
12. The Photography Competition is open to anyone who is taking part in The Outdoor Swimming Society’s Swim Couch to 5 K programme except for employees of Zoggs and The Outdoor Swimming Society directly associated with administration of the photography competition.
13. There is no limit to the number of entries made per person.
14. Photographs must be original and taken between and including 1 April 2021 and 21 June 2021.
15. Entries must not have been selected as a winner in any other competition.
16. On entering the Photography Competition, you confirm that you are eligible to do so and eligible to claim any prize you may win.
17. Zoggs and The Outdoor Swimming Society reserves the rights to disqualify you if your conduct is contrary to the spirit or intention of the Photography Competition.
18. Digital adjustments, pre and post shot, are allowed.
19. Images can be accompanied by a description of the scene that could include, but is not limited to: location, swimmer’s name, activity, Swim Couch to 5K week, how the image was taken.
20. High resolution versions of the winning entries, in JPEG or TIFF, with no watermarks, signatures or borders included, will be provided to Zoggs and The Outdoor Swimming Society for use on their website, if they desire.Judging and notification
21. The competition entries will be judged by a panel of four judges, from Zoggs and The Outdoor Swimming Society, based on meeting one (or more) of 3 key criteria: they should inspire, motivate and/or have a sense of fun while taking part in the Swim Couch to 5k training programme.
22. The winners each week will be notified by Instagram messages from @theoutdoorswimmingsociety.
23. The winner must provide a postal address to Zoggs within 7 days of being notified as that week’s winner.
After seven days that week’s prize will be forfeited.
24. The prizes will be sent to the winner by post.
25. The prizes are non-exchangeable and non-transferable. Zoggs and The Outdoor Swimming Society reserve the right to replace the prizes with alternative prizes of equal or higher value if circumstances beyond their control make it necessary to do so.
26. The decision of Zoggs and The Outdoor Swimming Society regarding any aspect of the Photography Competition is final and binding, and no correspondence will be entered into about it.
27. The winners’ names and the winning image may be shared across Zoggs and The Outdoor Swimming Society website and social media channels.
28. Zoggs and The Outdoor Swimming Society reserve the right to hold, void, cancel, suspend, or amend the competition where it is necessary to do so.
Ownership of competition entries
29. Any entry must be your original work and it must not infringe the rights of third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights. You agree to indemnify Zoggs and The Outdoor Swimming Society against any claim from any third party for any breach of this clause.
30. Full copyright title shall be retained by the author of any entry. By submitting your competition entry and any accompanying material (including any text, photographs, graphics, video or audio), you agree that Zoggs and The Outdoor Swimming Society may, but are not required to, make your entry available on their websites and any other media in connection with any publicity of the competition or otherwise. You agree to grant Zoggs and The Outdoor Swimming Society a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the competition entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the competition entry and any accompanying materials for any legitimate purposes, including, but not limited to, marketing, publicity, advertising, fundraising and presentations.
31. By submitting an entry, you agree to waive any moral rights contained in your entry.
32. For the avoidance of doubt, by submitting your entry you warrant that all persons featured in your entry have given you their express consent for their image to be used and, in the case of vulnerable adults or persons under 18 years of age, you warrant that you have obtained express consent from their parent(s) or legal guardian(s).
33. By submitting an entry, you warrant that no animals were harmed or manipulated in the making of the image.
Data protection and publicity
34. Zoggs and The Outdoor Swimming Society are committed to protecting and respecting your privacy and will only use your personal information in accordance with these Terms and Conditions and their Privacy Policies.
35. By entering the Photography Competition, you agree that any personal information provided by you with your entry may be held and used by Zoggs and The Outdoor Swimming Society or its agents and suppliers to administer the competition.
36. Winners may be required to participate in publicity related to the Photography Competition which may include the publication of their name and photograph in any media. You agree that your personal data may be used for this purpose.
37. Zoggs and The Outdoor Swimming Society may run an online rating process whereby members of the public may vote for a favourite photograph. If there is sufficient evidence to suggest malpractice and manipulation of the rating process, then Zoggs and The Outdoor Swimming Society have the right to remove the relevant entry or entries and, if necessary, award the prize to a different contestant. Zoggs and The Outdoor Swimming Society decisions are final.
Governing law38. The Photography Competition will be governed by English law and entrants to the prize draw submit to the jurisdiction of the English courts.
39. Zoggs and The Outdoor Swimming Society reserve the right to update these Terms and Conditions from time to time and any updated version will be effective as soon as it is published on the website.
40. Non-cash prizes are subject to the prize suppliers’ terms and conditions, and any complaints or queries relating to the condition or use of the prize should be directed to the supplier of the prize.
● Complaints: If you have any questions, comments or complaints please contact us at MARES S.p.A., Zoggs Customer Service, Watchmoor Park, Building 3 Floor 1. Suites 117: 119, Camberley GU15 3YL, or email to email@example.com
The Outdoor Swimming Society
● Complaints procedure (here)
● Zoggs: Mares S.p.A.. Salita Bonsen 4, 16035, Rapallo (GE), Italy. Registration Number: 03112680107 / VAT: IT00204770994
● The Outdoor Swimming Society: Blencathra, Bakers Lane, Chilcompton, Somerset BA3 4EW
Dated: July 2021