BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS OF SALE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SALE, YOU MUST NOT PLACE AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE.
1) Overview.
a) THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
b) THESE TERMS OF SALE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. AS EXPLAINED BELOW, YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A JURY TRIAL OR A CLASS ACTION PROCEEDING.
c) BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
d) YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH MAVIS TIRE SUPPLY LLC D/B/A MAVIS DISCOUNT TIRE, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
e) These terms and conditions (these "Terms of Sale") apply to the purchase and sale of products and services through the website www.mavis.com and any other platform or website provided by or on behalf of Mavis (the "Website"). These Terms of Sale are subject to change by Mavis Tire Supply LLC d/b/a Mavis Discount Tire (referred to as "Mavis," "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. You should review these Terms of Sale prior to purchasing any product or service that is available through this Website. Any changes to the Terms of Sale will be in effect as of the "Last Updated Date" referenced on the Website. You should review these Terms of Sale prior to purchasing any product or services that are available through this Website. Your continued use of this Website after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
f) These Terms of Sale are an integral part of the Terms of Use, that apply generally to the use of our Website. In the event of any direct conflict between these Terms of Sale and the other provisions of the Terms of Use, the Terms of Sale will govern with respect to any purchase or sale of products and services through the Website.
2) Modifications. We may change these Terms of Sale at any time, in our sole discretion. All changes are effective immediately when we post them, and apply to all purchases and sales of products and services through the Website thereafter. However, any changes to the dispute resolution provisions set out in Section 12 (Governing Law and Jurisdiction) or Section 13 (Dispute Resolution and Binding Arbitration) will not apply to any disputes for which the Parties have actual notice before the date the change is posted on the Website. Please check periodically for updates to these Terms of Sale so you are aware of any changes. Your continued use of the Website for purchases or sales of products or services following the posting of revised Terms of Sale means that you accept and agree to the changes.
3) Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
4) Prices and Payment Terms.
a) Prices posted on this Website may be different than prices offered by us at a Mavis location. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
b) From time to time, we may offer promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.
c) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept payment forms that may include VISA, Mastercard, American Express, Discover, JCB, Diner’s Club, Apple Pay, Google Pay, PayPal, PayPal Pay Later, and Venmo for all purchases. You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company (if applicable), and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
5) Shipments; Delivery; Title and Risk of Loss.
a) If you elect to have your products shipped to your address, we will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
6) Returns and Refunds.
a) Except for any products designated on the Website as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) calendar days of delivery with valid proof of purchase and provided such products are returned in their original condition. To return products, you must call 1-800-757-4291 or email our returns department at [email protected] before shipping your product.
b) You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment.
c) Refunds are processed within approximately 7 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Website. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS WEBSITE AS NON-RETURNABLE.
d) For defective returns, please refer to the manufacturer's warranty (see Section 8 (Manufacturer’s Warranty and Disclaimers)) included with the product or as detailed in the product's description on our Website.
7) Privacy. Mavis’s Privacy Policy (as found at https://www.mavistire.com/privacypolicy/) explains how we collect, use, and share personal information and other data. By using the Website, you consent to all actions we take with respect to your information consistent with our Privacy Policy.
8) Manufacturer's Warranty and Disclaimers.
a) Some tires offered for sale on our Website are available for purchase with the Road Hazard Limited Warranty, as set forth in the Manufacturer Warranty Terms and Conditions, and in accordance with the eligibility requirements and terms therein. For online purchases of products or services, the Mavis Tire Supply location as set forth in the Manufacturer Warranty Terms and Conditions will be Mavis Tire Supply LLC d/b/a Mavis Discount Tire. The availability of products or services through our Website does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any additional warranties with respect to the products or services offered on our Website.
b) EXCEPT FOR THOSE PRODUCTS FOR WHICH WE OFFER WRITTEN WARRANTIES, ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (iii) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
c) SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
d) YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
9) Limitations of Liability.
a) TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MAVIS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (“MAVIS PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.OUR SOLE AND ENTIRE MAXIMUM LIABILITY UNDER THESE TERMS OF SALE, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL NOT EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE DIRECTLY RELATED TO THE APPLICABLE LIABILITY.
b) THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11) Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
12) Governing Law and Jurisdiction. All matters arising out of or relating to these Terms of Sale are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
13) Dispute Resolution and Binding Arbitration.
a) Before bringing any dispute or claim, a notice of the dispute must be sent. Should you have a dispute or claim, you should send notice to us at 358 Saw Mill River Road, Millwood, New York 10546. To be valid, a notice of dispute must contain all of the following information:
Your or our name(s)
Your contact information, including your email address and phone number
You or our signature(s)
A brief description of the nature of your or our dispute (enclose any supporting documents you or we wish to provide)
A brief description of the nature of the relief you or we would like
b) If we are unable to resolve the claims described in the notice within forty-five (45) calendar days after the notice is received by you or us, you or we may commence an arbitration proceeding or suit in small claims court. A form for initiating arbitration proceedings is available on the American Arbitration Association's (“AAA”) website at www.adr.org. The notice of dispute requirements is essential in order to give the parties a meaningful chance to resolve disputes informally. You and we agree that if we fail to comply with the notice of dispute requirements, then the arbitrator or the small claims court shall dismiss any claim or dispute initiated in violation of these provisions.
c) YOU AND MAVIS EACH AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE OR TO YOUR RELATIONSHIP WITH US, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, RATHER THAN IN COURT.
d) BY ENTERING INTO THIS AGREEMENT, YOU AND MAVIS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
e) The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 13. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court. Any arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted based solely on written submissions, unless any party requests an in-person, telephonic, or videoconference hearing or the arbitrator decides that such a hearing is necessary. In cases where an in-person hearing is held, you and/or we may attend by telephone or videoconference, unless the arbitrator requires otherwise. Any settlement offer made by you or us shall not be disclosed to the arbitrator, except in connection with any request by you or us for attorney’s fees and costs.
f) The arbitrator will have exclusive authority to resolve any dispute relating to the arbitrability, enforceability, or scope of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity, although the arbitrator may only award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claims. In the event the arbitrator determines that either the substance of your or our claim or the relief sought was frivolous or brought for an improper purpose, then you or we may seek to recover from us or you, respectively, any fees you or we paid, including attorneys’ fees, to the extent permitted by the AAA’s rules and applicable law. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
g) You or we may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within sixty (60) calendar days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
h) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR MAVIS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE OR CLASS MEMBER. Unless both you and we agree otherwise, the arbitral tribunal or arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal or arbitrator has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
i) The Federal Arbitration Act will govern the interpretation and enforcement of this section. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
j) If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of Section 13(b-i) within thirty (30) calendar days after the date that you agree to these Terms of Sale by sending notice to us at 358 Saw Mill River Road, Millwood, New York 10546 that specifies: Your full legal name, your contact information, including your email address and phone number, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Mavis receives your Opt-Out Notice, the arbitration agreement that appears in Section 13(b-i) will not apply to you or us. The remaining provisions of these Terms of Sale will not be affected by your Opt-Out Notice.
14) Miscellaneous.
a) Interpretation. The conjunction “or” will be understood in its inclusive sense (and/or). The words “such as”, “include”, “includes” and “including” are not limiting and will be deemed to be followed with the phrase “without limitation”. The headings contained in these Terms of Sale are inserted for convenience of reference only and will not affect the meaning or interpretation of these Terms of Sale. The words “herein”, “hereof”, “hereby”, “hereto” and “hereunder” refer to these Terms of Sale as a whole. References to the Terms of Use, Privacy Policy and Manufacturer Warranty Terms and Conditions means such documents as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof.
b) Reservation of Rights. We reserve all rights not expressly granted to you in these Terms of Sale. Nothing in these Terms of Sale grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Website. We reserve the right to withdraw or amend the Website, and any service, product, or material we provide on the Website, in our sole discretion without notice.
c) Entire Agreement. These Terms of Sale, the Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Sale, supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the matters contained in these Terms of Sale. For the avoidance of doubt, these Terms of Sale do not supersede any other terms that may be applicable with respect to Mavis’s products and services.
d) Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.
e) No Third-Party Beneficiaries. These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.
f) No Waiver. No waiver by Mavis of any term or condition set out in these Terms of Sale shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mavis to assert a right or provision under these Terms of Sale shall not constitute a waiver of such right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Mavis.
g) Severability. If any provision of these Terms of Sale is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Sale will continue in full force and effect.
h) Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) must be sent in writing to 358 Saw Mill River Road, Millwood, New York 10546. Mavis will send Notices for you to the email address, if any, that you have provided to us. If you have any questions about the Website, please contact Mavis at 1-800-757-4291 or in writing at 358 Saw Mill River Road, Millwood, New York 10546.