TERMS AND CONDITIONS
The present document (General Terms and Conditions of Sale) defines the conditions applicable to sales concluded between, on the one hand, persons making a purchase via the MATT website Racing http://www.matt-racing-moto.com, hereinafter referred to as "the customer" and, on the other hand, the auto-enterprise Rémy GRAS, hereinafter referred to as "MATT Racing".
These conditions concern non-trading individuals and professionals. The acquisition of a good or a service through this site implies an unreserved acceptance by the buyer of these 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 website http://www.matt-racing-moto.com. MATT Racing reserves the right to adapt or modify the present general conditions of sale at any time. In the event of modification, the general terms and conditions of sale in force on the day of the order will be applied to each order. The acquisition of a good or service through this site implies the buyer's unreserved acceptance of these terms and conditions of sale.
All offers of products, services and delivery terms are valid worldwide, within the limits of available stocks. The items we sell are described and presented with the greatest accuracy. If, despite all our precautions, errors may have occurred, we cannot be held liable for them.
The photos representing the products have only an indicative value because of the alterations that may exist due to their transcription on the site. They are therefore non-contractual. (The accessories represented on the visuals not included in the product description are optional).
Except in the case of a guarantee, any transaction between MATT Racing and its customers, which is not contested within 7 days of delivery, cannot give rise to a complaint.
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 has been validated, it will be forwarded to our logistics services for processing. You will receive within the hour a first automatic acknowledgement e-mail. But at any time, you can obtain information about your order by contacting us :
- By mail: firstname.lastname@example.org
- By mail: MATT Racing - Rémy GRAS - 364, chemin des Agassons, Quartier de la Pardiguière 83340 LE CANNET DES MAURES
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.
Generally speaking, no order can be cancelled once we have received the personalized elements from the customer. A credit note may possibly be offered after agreement of the management.
Customers have a period of 14 calendar days to exercise their right of withdrawal in accordance with European regulations.
4. ORDER VALIDATION
Any purchase order signed by the consumer by "one click" constitutes an irrevocable acceptance which can only be challenged within the limits provided in these 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 value between the parties in the same way as a handwritten signature. For made-to-measure or personalised articles, the validation of the Voucher to be drawn is irrevocable. In case of dispute, no recourse shall be possible if the product delivered complies with the Drawing Order validated by the customer.
The prices are indicated in the currency chosen by the user on the site and are not subject to VAT (self-company). For promotions, the duration of validity of these is indicated in the product sheet. Keep your invoice, it will serve you 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. Shipping costs vary according to the product(s) ordered, 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 full 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 speed up the order process. Credit cards, VISA and Mastercard are accepted.
6-2 PAYMENT IN 3 or 4 TIMES WITHOUT CHARGES BY BANK CARD
On http://www.matt-racing-moto.com you can pay in 3 or 4 times without by credit card via ALMA. The buyer is solely responsible for the commitment he makes to honour the monthly instalments of his payment by instalments, the credit conditions being accepted by the buyer at the time of payment. By paying by card, you accelerate the order process. Credit cards, VISA and Mastercard are accepted. If you pay for your order in installments, you accept Alma's general customer terms and conditions as well as Alma's special terms and conditions for MATT customers Racing.
6-3 PAYMENT BY PAYPAL
Payment is made on the PayPal server via an SSL encrypted page. Thus MATT Racing has no knowledge of your banking information. The payment is therefore perfectly secure.
6-4 PAYMENT BY CHEQUE (ONLY FOR METROPOLITAN FRANCE)
The payment by check is authorized only after agreement given by the company MATT Racing.
If you do not have a credit card, you can also pay by cheque. Your payment should be made out to "Rémy GRAS". The order will be processed only after receipt of your check. An additional delay, from 10 to 12 days, of validation and expedition of the order can be charged within the framework of a verification of provision on the account, claimed by the bank services.
If you wish to use the payment by cheque, you have the possibility to print your order from our site. To do this, after validation of your basket, select the payment method "by cheque". You will get a summary of your order that you can print.
Specify that the sketches and measurement guide will only be sent by e-mail once the time limit for checking the bank provision has elapsed.
6-5 PAYMENT BY 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 in order to make the transfer. The downloadable elements relating to your order or the items in stock will only be sent upon receipt of your payment on our bank account.
6-6 RESERVATION OF OWNERSHIP
The products remain the property of MATT Racing until the order has been fully cashed by MATT Racing. However, from the moment of shipment, the risks of the goods delivered are transferred to the customer.
All the Shoot Off Orders and other models remain the intellectual property of MATT Racing, Any partial or total reproduction may give rise to prosecution. The same applies to the brand logo.
6-7 DEFAULT OF PAYMENT
MATT Racing reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in whole or in part for a previous order or with whom a payment dispute is being administered.
6-8 FRAUD CONTROL
MATT Racing controls all orders that have been validated on its site. These controls aim to protect MATT Racing from abusive practices operated by fraudsters. Within the framework of these procedures, our services may be led to ask you for all the necessary documents to unblock your order: proof of address and debit in your name, etc... These requests are made by e-mail or telephone.
7. TAKING ACTION
For custom-made products, MATT Racing provides, after receipt of payment, an explanatory measuring guide in which all the technical points for taking measurements are detailed. All the steps described in the measuring guide must be followed. On receipt of the measurements, MATT Racing undertakes to inform the customer if our team considers that the measurements are not correctly taken and may ask the customer to provide new measurements correctly taken in order to guarantee the correct realisation of the made-to-measure product. A second check is carried out by the manufacturing plant when the product is sent to production. In case of inconsistency in the measurements transmitted to the manufacturing plant, MATT Racing may request the customer to provide new specific measurements in part or in full. It is the customer's responsibility to provide the new measurements as soon as possible so as not to delay production. MATT Racing cannot be held responsible for any delay due to the transmission of erroneous measurements by the customer.
WARNING: the sending of photos of the measurements is MANDATORY! It is written on the measurement guide. Any order supplied without photos will be considered incomplete and placed on hold. Measurements taken by professional seamstresses are not a reasonable reason to dispense with the necessary photographs when the manufacturing plant checks the consistency of the measurements.
In case of major impossibility to take photos, the customer will be offered to sign a release of responsibility and waiver of warranty on the product ordered. In the event of defects noted on receipt of his order, the customer will not be able to claim any compensation, exchange or refund of any kind and will not be able to in any way claim the responsibility of MATT Racing or denigrate the brand under penalty of prosecution.
Our products are guaranteed parts and labor for a period of six months, by return or deposit in our store according to the articles of these general conditions of sale. According to article R. 211-4 of the Consumer Code: "In contracts concluded between professionals, on the one hand, and non-professionals or consumers, on the other hand, the professional cannot contractually guarantee the thing to be delivered or the service to be rendered without clearly mentioning that the legal guarantee applies, in any event, which obliges the professional seller to guarantee the buyer against all consequences of defects or hidden defects of the thing sold or the service rendered".
Concerning custom-made and personalized articles, MATT Racing can in no way be held responsible in case of transmission of erroneous measurements by the customer. In the event of a measurement problem for which the customer is responsible, the customer will be offered a solution for retouching the template at his own expense. The costs incurred by these modifications will be clearly notified to him by e-mail and must be paid before retouching. Matt Racing will not be held responsible for any additional delays that may result from a template retouching.
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.
9. DELIVERY TIMES, SHIPPING & RETURN
MATT Racing undertakes to respect as far as possible the delivery time given to you as an indication on the product sheet.
When ordering several articles, the delivery time to be taken into account is the longest.
Packages are generally dispatched within 30 to 40 days after receipt of payment, validation of the Voucher and the customer's measurement information by the manufacturing plant.
These times are given as an indication, taking into account the variation in transport time to get the products ordered 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 shop for collection by the customer. Regardless of the method of delivery chosen, when your order is shipped, you will receive an email to be notified of this shipment with an online tracking link.
Shipping costs include preparation and packaging as well as postage. Preparation costs are fixed, while shipping costs vary according to the total weight of the package. We recommend that you group your items in one order. We cannot group two orders placed separately, and shipping fees will apply to each of them. The risks of loss and damage to the goods are transferred by the seller to the carrier chosen by the consumer, once the carrier has taken possession of the goods, but particular attention is paid to fragile items.
The dimensions of the boxes are appropriate and your items are properly protected.
In case of late delivery, we cannot be held responsible or liable for any commercial gesture or compensation. It is the responsibility of the customer to contact the carrier to request compensation. In the same way, MATT Racing could not be held responsible for a delay or loss of package in case of erroneous delivery address when it is the delivery address provided by the customer when placing the order.
9-4 CHANGE OF DELIVERY ADDRESS
Any change of delivery address must be requested by email to email@example.com. It is the customer's responsibility to ensure that the registered shipping address is valid at the time of shipment.
9-5 RETURN TIME
If, upon receipt of his order, the customer notices a problem with his product, whether it is a design, graphics or measurement problem, he must let us know within 7 days of receipt of his order. He will then be asked for explicit photos of the problem found. If it turns out that the problem is the result of an error by MATT Racing, the correction modifications will be the responsibility of MATT Racing. The customer will not be able to ask for damages and interests in relation to this correction whatever the time it takes.
If it turns out that the problem observed is due to the customer, MATT Racing will propose a quotation to the customer in order to rectify the problem, who will be free to accept or refuse the quotation.
Items must be returned to us in perfect condition and in their original packaging.
9-6 RETURN GOODS
In case of return of goods of custom-made or personalized products, no refund will be granted. A credit note or an identical replacement may be produced after agreement of the legal department. We thank you for returning the goods in simple colissimo tracking, you are free to take out insurance with the carrier for the market value of the products. This is particularly necessary in the event of spoliation or loss of these goods by their services.
In all cases the return is at the expense of the consumer. In case of apparent defect or non-conformity of the product delivered duly noted by us under the conditions provided in these conditions of sale, the customer may obtain free replacement or refund of the product at our discretion excluding any compensation or damages. In this case and only in this case, the costs of return and shipping (if the customer requested a shipment when placing the initial order) will be borne by MATT RACING. If the customer did not request shipment of the order at the time of his initial order, only the return costs will be taken into account and his product, once repaired or replaced, will be available in the shop for collection by the customer.
10. PROVISION OF THE LAW "INFORMATIQUE ET LIBERTÉS" (INFORMATION TECHNOLOGY AND CIVIL LIBERTIES)
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 6 January 1978). At the time of your order, we offer you to receive promotional offers.
In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or a court decision, this shall in no way affect the validity and compliance with these general conditions of sale.
MATT Racing may not be held liable for any inconvenience or damage relating 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, any case qualified as force majeure by the courts. In the event of a dispute, an amicable solution will be sought before any legal action is taken. Failing this, any legal action will be brought before the competent courts that the plaintiff may seize at his choice: the jurisdiction of the place where the defendant resides, the place of actual delivery of the thing or the place of performance of the service. The present conditions are subject to French law.
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 the prior written consent of the auto-enterprise Rémy GRAS.
MATT Racing is owned by the self company Rémy GRAS.
364, chemin des Agassons,
Quartier de la Pardiguière
83340 LE CANNET DES MAURES