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The present document (General Conditions of Sale) defines the conditions applicable to the sales concluded between on the one hand the persons carrying out a purchase via the Internet site of MATT Racing http://www.matt-racing-moto.com, hereafter called "the customer" and on the other hand the auto-enterprise Rémy GRAS, hereafter called "MATT Racing".
These conditions concern the physical persons not traders and the professionals. The acquisition of a good or a service through the present site implies an acceptance without reserve by the buyer of the present conditions of sale.
1. APPLICATION AND MODIFICATION OF THE CONDITIONS OF SALE
The present general conditions of sale apply to all orders placed on the Internet site http://www.matt-racing-moto.com. MATT Racing reserves the possibility of adapting or modifying at any time the present general conditions of sale. In case of modification, it will be applied to each order the general conditions of sale in force at the day of the order. The acquisition of a good or a service through the present site implies an acceptance without reserve by the buyer of the present conditions of sale.
2. OFFER
All offers of products, services and delivery terms are valid worldwide, while stocks last. The items we sell are described and presented with the greatest accuracy. If despite all our precautions, errors could have occurred, we could not be committed on this fact.
The photos representing the products have only an indicative value because of the alterations which can exist because of their transcription on the site. They are therefore non-contractual. (The accessories represented on the visuals not included in the description of the product are optional)
Except in case of guarantee, any operation intervening between MATT Racing and its customers, not disputed in the 7 days following the delivery, cannot give place to a complaint.
3. ORDER
The order can only be registered on the site if you have clearly identified yourself by creating an account on http://www.matt-racing-moto.com if you are not yet registered.
Any order implies acceptance of the prices and description of the products available for sale. The contract is formed when the confirmation of your order is issued.
As soon as your order is validated, it will be transmitted to our logistics services for processing. You will receive within the hour a first automatic e-mail of acknowledgement of receipt. But at any time, you can obtain information on your order by contacting us:
• By mail : [email protected]
• By mail : MATT Racing - Rémy GRAS - 116, impasse du Noyer 83210 LA FARLEDE
The customer has one calendar year from the date of order to send us the elements necessary for the production of his product. After this date, the order will be cancelled and no total or partial refund can be requested by the customer.
In the case of orders placed during a sales period, this period is reduced to 6 months.
In general, no order can be cancelled once we have received the personalized elements from the customer. A credit note may be proposed after agreement of the management.
Customers have a period of 14 calendar days to exercise their right of withdrawal in accordance with European regulations (non-customized products only).
During sale periods, known promotional codes cannot be combined with the offers of that period. Any customer who has been granted a promotional code will not be able to use it during sale periods. If a customer's promotional code has a limited duration, it is the customer's responsibility to use it within the allotted time, taking into account sale periods when the code cannot be used.
4. ORDER VALIDATION
Any order form signed by the consumer by "a click" constitutes an irrevocable acceptance which can be called into question only within the limits envisaged in the present general conditions of sale. The "click" associated with the procedure of authentication and non-repudiation and the protection of the integrity of the messages constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature. For custom-made or personalized items, the validation of the Good to be printed is irrevocable. In case of dispute, no recourse will be possible if the product delivered is in conformity with the Good to be printed validated by the customer.
5. PRICE
The prices are indicated in the currency chosen by the user in the site and are not subject to VAT (auto-entreprise). For the promotions, the duration of validity of those is indicated to you in the card produced. Keep your invoice, it will be used in case of exchange or refund. MATT Racing reserves the right to modify its prices at any time but the products will be invoiced on the basis of the rates in force at the time of the recording of the orders subject to availability. The shipping costs vary according to the ordered products, their weight, their volume, the carrier and the place of delivery. At the time of placing your order, the exact price will be indicated. The products remain the property of MATT Racing until the complete payment of the price.
6. PAYMENT AND SECURITY
6-1 PAYMENT BY CREDIT CARD
On http://www.matt-racing-moto.com you can pay by credit card via PAYPLUG. By paying by card, you accelerate the release of your order. Blue cards, VISA and Mastercard are accepted.
6-2 PAYMENT BY PAYPAL or PAYPAL LATER
The payment is made on the PayPal server via an SSL encrypted page. Thus MATT Racing does not have knowledge of your banking information. The payment is thus perfectly secure.
6-3 PAYMENT BY BANK TRANSFER
You also have the possibility to pay by bank transfer. After validation of your order, you will receive a confirmation email containing the bank details to make the transfer. The downloadable items related to your order or the items in stock will only be sent upon receipt of your payment on our bank account.
6-4 RESERVATION OF OWNERSHIP
The products remain the property of MATT Racing until the complete collection of the order by MATT Racing. However, as of the sending, the risks of the delivered goods are transferred to the customer.
All the print orders and other models remain the intellectual property of MATT Racing. Any partial or total reproduction can lead to prosecution. In the same way for the logo of the mark.
In the event of restitution of the product personalized or not to the MATT Racing company within the framework of a refunding or an exchange, the MATT Racing company is and remains owner of the goods as well on a material title as intellectual. The company MATT Racing is thus free to re-use them for commercial purposes.
6-5 NON-PAYMENT
MATT Racing reserves the right to refuse to carry out a delivery or to honor an order emanating from a consumer who would not have regulated completely or partially a preceding order or with which a litigation of payment would be in the course of administration.
6-6 ANTI-FRAUD CONTROL
MATT Racing controls all the orders that have been validated on its site. These controls aim at protecting MATT Racing from abusive practices operated by fraudsters. Within the framework of these procedures, our services can be brought to ask you all the necessary documents to unblock your order: proof of residence and debit in your name, etc... These requests are made by e-mail or telephone.
7. Custom and standard size products
7-1 Taking measurements
For the products made to measure, MATT Racing provides, after reception of the payment, an explanatory guide of taking measures in which are detailed all the technical points of the taking of measures. All the steps described in the guide of measurements must be respected. At the time of the reception of the measures, MATT Racing commits itself to warn the customer if our team judges that the measures are not correctly taken and can ask the customer to provide new measures correctly taken in order to guarantee the good realization of the product to measure. A second check is performed by the manufacturing plant when the product is sent to production. In the event of incoherence in the measurements transmitted to the factory of manufacture, MATT Racing can ask the customer for new specific measurements in part or entirely. It is the responsibility of the customer to provide the new measurements as soon as possible in order not to delay the production. MATT Racing cannot be held responsible for any delay due to the transmission of erroneous measurements by the customer. In the same way, if the customer refuses to send the complementary measures and/or photos requested by MATT Racing, the order will not be cancelled in any case but put on hold during the granted period of 12 months as from the date of order as stipulated in these general conditions of sale, article 3. The customer will not be able to claim any refund and will be able to complete his order during these 12 months. In the case of orders placed during a sales period, this period is reduced to 6 months.
ATTENTION: sending photos of the measurements is MANDATORY! It is written on the measurement guide. Any order provided without photos will be considered incomplete and placed on hold. Measurements made by professional seamstresses do not constitute a reasonable reason to dispense with the photographs necessary for the verification of the consistency of the measurements by the manufacturing plant.
In case of major impossibility to take photos, the customer will be offered to sign a release of responsibility and waiver of the warranty on the product ordered. In the event of defects noted with the reception of its order, the customer will not be able to claim any compensation, exchange or refunding of any kind and will not be able to in no manner to claim the responsibility for MATT Racing or to denigrate the mark under penalty of continuations
Help with the taking of measures: the subscription to the paying service of help with the taking of measures does not constitute in any case an insurance of the good realization of the taking of measures and the good final realization of the product. This service is only offered to assist the customer in taking measurements in order to simplify the process. It does not guarantee either in a certain way the assumption of responsibility by MATT Racing of a possible modification after delivery if the product were not appropriate because of an erroneous taking of measurements.
Option ZEN: the subscription to the option ZEN at the time of the taking of order allows the customer to be assisted in his taking of measurements under the same conditions as an assistance in the taking of measurements by videoconference (cf. paragraph above) and to profit from a combination said of adjustment in view of the manufacture of the personalized final model. This option does not guarantee in no case the good realization of the personalized final product nor the assumption of responsibility by MATT Racing of a possible retouch on the final model once delivered. If the customer judges the final product inappropriate to his measures, the procedure of request for assumption of responsibility will be applied by the customer service: control of the taking of measures with sending of photographs showing the noted defects.
7-2 Standard size
For the products sold in standard size, the customer is only responsible for the choice of the ordered size and will not be able to in no case to hold MATT Racing responsible in the event of reception of a product with an inappropriate size. No refunding could be carried out. The exchanges of products will be able to be possibly subjected to the direction which will be free to accept or not, the expenses of return and new sending remaining with the load of the customer.
A grid of brief measurements is available on the page of the articles concerned in order to allow to choose the appropriate size. This grid is given as an indication and does not constitute a guarantee. MATT Racing could not be held responsible nor liable in any way if the product ordered according to this grid did not correspond to the expectations of the customer. It is the responsibility of the customer to take note of all the technical aspects of the products in standard size described in the product page. A standard size product is not a custom made product and no adaptation can be made.
Products may be exchanged free of charge for a delivery method identical to that chosen at the time of ordering, within 14 calendar days of receipt of the order. After this period, the exchange will be subject to management and the cost of return and new shipment will be charged to the customer.
8. GUARANTEES
Our products are guaranteed parts and labor for a period of six months, by return or deposit in our store following the articles of these general conditions of sale. According to the article R. 211-4 of the Code of the Consumption: "In the contracts concluded between the professionals, on the one hand, and, on the other hand, of the nonprofessionals or the consumers, the professional cannot contractually guarantee the thing to be delivered or the service to be rendered without mentioning clearly that applies, in any case, the legal guarantee which obliges the professional salesman to guarantee the purchaser against all the consequences of the defects or latent defects of the sold thing or the rendered service".
Concerning the articles to measure and personalized, MATT Racing will not be able to in no case to be held for person in charge in the event of transmission of erroneous measurements on behalf of the customer. In the event of problem of measures falling under the responsibility of the customer, this last will be proposed a solution of reworking of the template to its expenses. The cost of these modifications will be clearly indicated by e-mail and must be paid before the modification. Matt Racing can not be held responsible for additional delays that could result from a template rework.
Any voluntary or involuntary degradation of the product will not give rise to a total or partial assumption of responsibility for the repair or replacement of the product within the framework of the product guarantee.
MATT Racing wishes to point out that differences in color, hue, saturation and nuance may occur between cowhide and kangaroo leather. No financial or material compensation can be granted in this case. MATT Racing uses color codes close to those requested, but cannot systematically produce the same color.
9. DEADLINES, SHIPPING & RETURNS
MATT Racing commits itself to respect the maximum time of expedition which is given to you as an indication on the product sheet.
At the time of the order of several articles, the delivery period to be taken into account is the longest.
9-2 SHIPPING
Packages are generally dispatched within 30 to 40 days after receipt of payment, validation of the print order and the customer's measurement information by the manufacturing plant.
These times are given as an indication, taking into account the variation of the transport time to convey the ordered products to our distribution point in FRANCE. They are then shipped via the carrier chosen at the time of the order or made available in our store for collection by the customer. Whatever the delivery method chosen, when your order is shipped, you will receive an email to be notified of this shipment with an online tracking link.
The shipping costs include the preparation and packaging costs as well as the postage costs. Preparation fees are fixed, while shipping fees vary according to total weight of the package. We recommend that you group your items in one order. We cannot group two distinct orders placed separately, and shipping fees will apply to each of them. The risk of loss and damage to the goods is transferred by the seller to the carrier chosen by the consumer, once the carrier has taken possession of the goods, but special care is taken with fragile items.
Boxes are appropriately sized and your items are properly protected.
9-3 DELAY
In the event of a delay in delivery, we cannot be held responsible or liable for any commercial gesture or compensation. It is the responsibility of the customer to approach the carrier to request compensation. In the same way, MATT Racing could not be held for person in charge of a delay or loss of parcel in case of erroneous address of delivery since it is about the address of delivery provided by the customer during the placing of order.
9-4 CHANGE OF DELIVERY ADDRESS
Any change of shipping address must be requested by email to [email protected]. It is the customer's responsibility to ensure that the shipping address registered is valid at the time of shipping.
9-5 RETURN TIME
If, upon receipt of his order, the customer notes a problem on his product that it is a problem of design, graphics or measurement, he must let us know within 7 days after receipt of his order. He will then be asked for explicit photos of the problem found. If it turns out that the problem results from an error of MATT Racing, the modifications of correction will be the responsibility of MATT Racing. The customer will not be able to ask for damages in relation to this rectification whatever the time that this one requires.
If it turns out that the problem noted is because of the customer, MATT Racing will propose an estimate to the customer in order to rectify the problem which will be free to accept or refuse the estimate.
The articles must be returned to us in perfect state and in their packing of origin.
9-6 RETURN OF GOODS
In case of return of goods of customized or personalized products, no refund can be granted. A credit note or an identical replacement may be produced after agreement of the legal department. We thank you to return the goods in simple colissimo follow-up, free to you to subscribe to an insurance with the carrier of the market value of the products. This is particularly necessary in case of spoliation or loss of the goods by their services.
In all cases the return is made at the expense of the consumer. In case of apparent defect or non-conformity of the product delivered duly noted by us in the conditions provided for in these conditions of sale, the customer will be able to obtain the free replacement or refund of the product at our choice to the exclusion of any compensation or damages and interests. In this case and only in this case, the expenses of return and sending (if the customer asked for a sending at the time of his initial order) will be dealt with by MATT RACING. If the customer did not ask for a shipment of order at the time of his initial order, will be taken into account only the expenses of return and his product once repaired or replaced will be available in store for a withdrawal by the customer.
10. ORDER CANCELLATION
In general, the orders placed with MATT Racing are definitive and cannot be cancelled except on the initiative of MATT Racing exclusively.
However, the management leaves the possibility to the customer to make the request and reserves the right to give its agreement for a partial or total refund according to the elements of order already treated by our teams (measures, graphic elements). These can give place to expenses of cancellation whose amount will be fixed by MATT Racing following the request for refunding of the customer.
Passed the deadlines of one calendar year, any not complete order will not be able to be sent in production and will thus be classified without continuation without possibility of refunding by the customer. If the order is for a product on special offer at the time of purchase, this period is reduced to 6 calendar months.
In the case of a subscription to the ZEN option and if the management grants a partial refund of the order, a minimum fixed cancellation fee of 699€ will be requested once the adjustment suit has been delivered. As this fitting suit is considered as a trial fitting by the customer, no refunds will be granted if the fitting suit does not meet the customer's expectations.
11. PROVISION OF THE LAW "INFORMATIQUE ET LIBERTÉS
At any time, you have the right to access, modify, rectify and delete data concerning you (article 34 of the law "Informatique et Libertés" of January 6, 1978). When you order, we offer you to receive promotional offers.
12. INTEGRITY
In the event that one of the clauses of this contract would be null and void by a change in legislation, regulation or by a court decision, this would in no way affect the validity and respect of these general conditions of sale.
13. LITIGATION
MATT Racing could not be held responsible for the inconveniences and damages related to the use of the Internet network such as a break in the service, the presence of computer viruses or external intrusions or more generally all cases qualified as force majeure by the courts. In case of dispute, an amicable solution will be sought before any legal action. Failing this, any legal action will be brought before the competent courts, which the plaintiff may choose to bring before: the court of the place where the defendant resides, the place of actual delivery of the goods or the place of performance of the service. The present conditions are subject to French law.
In accordance with articles L.616-1 and R.616-1 of the Consumer Code, our company has set up a consumer mediation system. The mediation entity retained is: CNPM - MEDIATION - CONSOMMATION. In case of dispute, you can file your claim on its site: http://cnpm-mediation-
14. REPRODUCTION
According to the law of March 11, 1957, any reproduction, even partial, of the elements of the site http://www.matt-racing-moto.com requires a preliminary written agreement of the auto-entreprise Rémy GRAS.
MATT Racing is the property of the self-employed company Rémy GRAS
116, impasse du Noyer 83210 LA FARLEDE