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The present document (General Sales Conditions) defines the conditions applicable to sales concluded between, on the one hand, persons making a purchase via the MATT Racing website www.mattracing-moto.com, hereinafter referred to as “the customer” and, on the other hand, the company LR2M Lda, hereinafter referred to as “MATT Racing”.
These conditions apply to non-trading individuals and professionals. The acquisition of a good or service through the present site implies unreserved acceptance by the buyer of the present conditions of sale.
1. APPLICATION AND MODIFICATION OF THE CONDITIONS OF SALE
These terms and conditions of sale apply to all orders placed on the www.mattracing-moto.com website. MATT Racing reserves the right to adapt or modify the present terms and conditions of sale at any time. In the event of modification, the general sales conditions in force on the day of the order will be applied to each order. The acquisition of a good or service through the present site implies unreserved acceptance by the purchaser 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 utmost accuracy. If, despite all our precautions, errors should occur, we cannot be held liable for them.
The photos representing the products have only an indicative value because of the modifications which can exist because of their transcription on the site. They are therefore non-contractual. (Accessories shown in the visuals that are not included in the product description are optional).
Except in the case of warranties, any transaction between MATT Racing and its customers that is not contested within 7 days of delivery cannot give rise to a claim.
3. ORDER
The order can only be registered on the site if you are clearly identified by creating an account on www.mattracing-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 your order is confirmed.
As soon as your order has been confirmed, it will be sent to our logistics department for processing. Within the hour, you will receive an automatic e-mail acknowledging receipt of your order. However, you can obtain information about your order at any time by contacting us:
• With mail : contact@mattracing-moto.com
• by post : LR2M Lda. Rua da Horta do Teodoro 8900-327 VILA REAL DE SANTO ANTONIO – PORTUGAL
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.
This period is reduced to 6 calendar months if the order has been placed during a sales period and the customer has suffered a reduction in dues during this period.
In general, no order can be cancelled once we have received the personalized elements from the customer. A credit note may be offered upon agreement with management.
Customers have 14 calendar days to exercise their right of withdrawal in accordance with European regulations (non-customized products only).
4. ORDER VALIDATION
Any order form signed by the consumer by “one click” constitutes an irrevocable acceptance which can only be called into question within the limits provided for in the present general conditions of sale. The “click”, combined with the authentication and non-repudiation procedure and the protection of message integrity, constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature. For made-to-measure or personalized items, validation of the print order is irrevocable. In the event of a dispute, no recourse will be possible if the product delivered conforms to the print order validated by the customer.
5. PRICE
Prices are indicated in the currency chosen by the user on the site and are not subject to VAT. For special offers, the validity period is indicated on the product page. Keep your invoice, it will be useful in case of exchange or refund. MATT Racing reserves the right to modify its prices at any time, but products will be invoiced on the basis of the rates in force at the time orders are registered, subject to availability. Shipping costs vary according to the product(s) ordered, their weight, volume, carrier and place of delivery. The exact price will be indicated when you place your order. Products remain the property of MATT Racing until full payment has been received.
During sales periods, known promotional codes cannot be combined with the offers of that period. Any customer who has been granted a promotional code may not use it during sales periods. In the event of a limited duration for a promotional code, it is the customer's responsibility to use it within the allotted time, taking into account sales periods when the code cannot be used.
6. PAYMENT AND SECURITY
6-1 PAYMENT BY CREDIT CARD
On www.mattracing-moto.com, you can pay by credit card via PAYPAL. Paying by card speeds up the processing of your order. VISA, AMEX and Mastercard are accepted.
6-2 PAYMENT IN 4 PAYMENTS WITHOUT CHARGE BY BANK CARD
At www.mattracing-moto.com you can pay in 4 instalments by credit card via PAYPAL. The purchaser is solely responsible for honouring the monthly instalments of his instalment payment, the credit conditions being accepted by the purchaser at the time of payment. By paying by card, you speed up the processing of your order. We accept VISA, AMEX and Mastercard. If you pay for your order in instalments, you accept PAYPAL's general customer conditions and PAYPAL's special conditions for MATT Racing customers.
6-3 PAYMENT BY PAYPAL
Payment is made on the PayPal server via an SSL encrypted page. MATT Racing has no knowledge of your banking information. Payment is therefore perfectly secure.
6-4 PAYMENT BY BANK TRANSFER
You can also pay by bank transfer. Once your order has been validated, you will receive a confirmation e-mail containing the bank details you need to make the transfer. Downloadable items relating to your order or to items in stock will only be sent on receipt of your payment to our bank account.
6-5 RESERVATION OF OWNERSHIP
Products remain the property of MATT Racing until full payment of the order has been received by MATT Racing. However, from the time of dispatch, the risks of the goods delivered are transferred to the customer.
All Bon à Tirer and other models remain the intellectual property of MATT Racing. Any partial or total reproduction may give rise to legal proceedings. The same applies to the brand logo.
In the event of return of the product, whether personalized or not, to MATT Racing for reimbursement or exchange, MATT Racing is and remains the owner of the merchandise, both materially and intellectually. MATT Racing is therefore free to reuse them for commercial purposes.
6-6 NON-PAYMENT
MATT Racing reserves the right to refuse to make a delivery or to honor an order from a consumer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
6-7 ANTI-FRAUD CONTROL
MATT Racing checks all orders that have been validated on its site. These controls are intended to protect MATT Racing from abusive practices by fraudsters. As part of these procedures, our services may ask you to provide all the documents necessary to release your order: proof of address and debit in your name, etc... These requests are made by e-mail or telephone.
7. Custom-made products and standard sizes
7-1 Taking measurements
For custom-made products, MATT Racing provides an explanatory measuring guide after receipt of payment, detailing all the technical points involved in taking measurements. All the steps described in the measurement guide must be followed. Upon receipt of the measurements, MATT Racing undertakes to inform the customer if our team deems that the measurements have not been taken correctly, and may ask the customer to provide new, correctly taken measurements in order to guarantee the correct realization of the made-to-measure product. . A second check is carried out by the manufacturing plant when the product is sent to production.In the event of inconsistencies in the measurements transmitted to the manufacturing plant, MATT Racing may ask the customer for 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 customer's transmission of erroneous measurements. Similarly, if the customer refuses to send the additional measurements and/or photos requested by MATT Racing, the order will in no case be cancelled, but will be put on hold for the 12-month period allowed from the order date, as stipulated in these general sales conditions, article 3. The customer will not be entitled to any reimbursement and may complete the order during this 12-month period. In the case of orders placed during a sales period, this period is reduced to 6 months.
ATTENTION: sending photos of measurements is MANDATORY! It's written on the measurement guide. Any order submitted without photos will be considered incomplete and placed on hold. Measurements taken by professional seamstresses do not constitute a reasonable reason to dispense with the photographs needed to check the consistency of the measurements by the manufacturing plant.
In the event of major impossibility of taking photos, the customer will be asked to sign a liability waiver and a waiver of the warranty on the product ordered. In the event of defects noted on receipt of the order, the customer may not claim any compensation, exchange or refund of any kind, and may not in any way claim responsibility for MATT Racing or disparage the brand, under penalty of prosecution.
Measuring assistance: subscription to the paid measuring assistance service does not in any way constitute an assurance of the correct taking of measurements and the correct final realization of the product. This service is only offered to assist the customer in taking measurements, with the aim of simplifying the process. Nor does it guarantee that MATT Racing will take responsibility for any alterations after delivery, should the product not be suitable due to incorrect measurements.
ZEN option: subscribing to the ZEN option when placing an order enables the customer to be assisted in taking measurements under the same conditions as assistance in taking measurements by videoconference (cf. paragraph above) and to benefit from a so-called adjustment combination with a view to manufacturing the final personalized model. This option in no way guarantees that the final customized product will be suitable, nor that MATT Racing will be responsible for any alterations to the final model once it has been delivered. If the customer deems the final product to be unsuitable for his or her measurements, the usual customer service procedure will be applied, i.e. checking the measurements and sending photos showing any defects.
7-2 Standard size
For products sold in standard size, the customer is solely responsible for the choice of size ordered and can in no way hold MATT Racing responsible in the event of receipt of a product with an inappropriate size. No refunds will be made. Non-personalized 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.
A brief measurement chart is available on the relevant item page to help you choose the right size. This grid is given as an indication and does not constitute a guarantee. MATT Racing cannot be held responsible or liable in any way if the product ordered does not meet the customer's expectations. It is the customer's responsibility to take note of all technical aspects of the standard size products described on the product page. A standard-size product is not a made-to-measure product and no adaptation can be made.
8. GARANTEES
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 the current general conditions of sale. According to article R. 211-4 of the French 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 chosen item to be delivered or the service to be rendered without clearly indicating that the legal guarantee applies, in any case, which obliges the professional seller to guarantee the buyer against all consequences of defects or hidden faults in the item sold or the service rendered”.
MATT Racing cannot be held responsible for the transmission of erroneous measurements by the customer. In the event of measurement problems for which the customer is responsible, the latter will be offered a solution for reworking the template at his or her own expense. The costs incurred by these modifications will be clearly indicated by e-mail and must be paid before any alterations are made. Matt Racing cannot be held responsible for any additional time required for template reworking.
Any intentional or unintentional deterioration of the product will not give rise to total or partial responsibility for repair or replacement of the product under the product warranty.
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 given in this case. MATT Racing uses color codes close to the colors requested, but cannot produce exclusively the same color.
9. DEADLINES, SHIPPING & RETURNS
MATT Racing undertakes to respect as far as possible the delivery time given as an indication on the product sheet.
When ordering several items, the longest delivery time will be taken into account.
9-2 SHIPPING
Packages are generally dispatched within 50 to 60 days after receipt of payment and validation of the customer's artwork and measurement information by the manufacturing plant.
These times are given as an indication, taking into account the variation in transport time to get the ordered products to our distribution point in FRANCE. They are then dispatched via the carrier chosen when the order was placed, or made available in our boutique for collection by the customer. Whichever delivery method you choose, when your order is dispatched, you will receive a notification letter with an online tracking link.
Shipping costs include preparation, packaging and 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 distinct orders placed separately, and shipping fees will apply to each of them. The risk of loss or damage to the goods is transferred by the seller to the carrier chosen by the consumer as soon as 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 DELAYS
In the event of late delivery, we cannot be held responsible or liable for any commercial gesture or compensation. It is the customer's responsibility to contact the carrier to request compensation. Similarly, MATT Racing cannot be held responsible for any delay or loss of a parcel in the event of an erroneous delivery address, as long as this is the delivery address provided by the customer when the order was placed.
9-4 CHANGE OF DELIVERY ADDRESS
Any change of delivery address must be requested by e-mail from contact@mattracing-moto.com. It is the customer's responsibility to ensure that the registered shipping address is valid at the time of shipment.
9-5 RETURN PERIOD
If, upon receipt of the order, the customer notes a problem with the product, whether a design, graphic or measurement problem, he must let us know within 7 days of receipt of the order. We will then request explicit photos of the problem. If the problem is found to be the result of an error on the part of MATT Racing, MATT Racing will be responsible for making the necessary modifications. The customer will not be entitled to claim damages for this rectification, no matter how long it takes.
If the problem is found to be due to the customer's fault, MATT Racing will propose an estimate to the customer in order to rectify the problem, who will be free to accept or refuse the estimate.
Items must be returned in perfect condition and in their original packaging.
9-6 RETURN OF GOODS
No refunds will be made for returns of custom-made or personalized products. A credit note or an identical replacement may be issued subject to the agreement of the legal department. We thank you for returning the goods to us by 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 the goods by their services.
In all cases, returns are made at the consumer's expense. In the event of an apparent defect or non-conformity of the product delivered, duly noted by us in accordance with the conditions set out in these terms and conditions of sale, the customer may obtain a free replacement or reimbursement of the product, at our discretion, to the exclusion of any compensation or damages. In this case, and only in this case, MATT RACING will pay the return and shipping costs (if the customer requested shipment at the time of the initial order). If the customer did not request an order shipment when placing the initial order, only the return shipping costs will be taken into account and the product, once repaired or replaced, will be available in the store for collection by the customer.
10. CANCELLATION OF ORDER
In general, orders placed with MATT Racing are final and cannot be cancelled except on MATT Racing's initiative.
However, management allows the customer to make such a request, and reserves the right to agree to a partial or total refund depending on the elements of the order already processed by our teams (measurements, graphic elements). These may give rise to cancellation charges, the amount of which will be fixed by MATT Racing following the customer's request for reimbursement.
After a period of one calendar year, any order that is not complete cannot be sent to production, and will therefore be closed without any possibility of reimbursement by the customer. In the case of an order 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 charged once the adjustment suit has been delivered. As this fitting suit is considered as a trial fitting by the customer, no refund will be granted if the fitting suit does not meet the customer's expectations.
11. PROVISIONS OF THE "INFORMATIQUE ET LIBERTÉS" LAW
At any time, you have the right to access, modify, rectify and delete data concerning you (article 34 of the French Data Protection Act of January 6, 1978). When you place an order, we offer you the possibility of receiving promotional offers.
12. INTEGRITY
Dans l'hypothèse où l'une des clauses du présent contrat serait nulle et non avenue par un changement de législation, de réglementation ou par une décision de justice, cela ne saurait en aucun cas affecter la validité et le respect des conditions générales actuelles de vente.
13) LITIGES
MATT Racing may not be held liable for any inconvenience or damage related to the use of the Internet network, such as a break in service, the presence of computer viruses or external intrusions, or more generally for any event qualified by the courts as force majeure. 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, 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. These terms and conditions are governed by French law.
In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, our company has set up a consumer mediation system. The chosen mediation body is: CNPM - MEDIATION - CONSOMMATION. In the event of a dispute, you can submit your claim on its website: http://cnpm-mediation- consommation.eu or by post by writing to CNPM - MEDIATION - CONSOMMATION - 27 Avenue de la Libération 42400 SAINT-CHAMOND.
14. REPRODUCTION
In accordance with the law of March 11, 1957, any reproduction, even partial, of elements of the www.mattracing-moto.com website requires the prior written consent of MATT Racing.
MATT Racing is owned by Lr2M Lda.
Rua da Horta do Teodoro 8900-327 VILA REAL DE SANTO ANTONIO - PORTUGAL