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 https://usa.matt-racing-moto.com, hereinafter referred to as "the customer" and, on the other hand, the company MATT RACING Lda, hereinafter referred to as "MATT Racing".
These conditions apply to non-trading individuals and professionals. The acquisition of a good or service through this site implies unreserved acceptance by the buyer of these conditions of sale.
1. APPLICATION AND MODIFICATION OF THE CONDITIONS OF SALE
The present terms and conditions of sale apply to all orders placed on the https://usa.matt-racing-moto.com website. MATT Racing reserves the right to adapt or modify these terms and conditions of sale at any time. In the event of modification, the general 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 the present site implies unreserved acceptance by the purchaser of the present conditions of sale.
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 our best efforts, errors should occur, we cannot be held liable in any way.
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. (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.
Orders can only be registered on the site if you have clearly identified yourself by creating an account on https://usa.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 your order is confirmed.
Once 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:
- By e-mail: contact@matt racing-moto.com
- By post: MATT RACING Lda. Rua da Horta do Teodoro 8900-327 VILA REAL DE SANTO ANTONIO - PORTUGAL
The customer has one calendar year from the date of the 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 benefited from discounts due to the period.
In general, no order can be cancelled once we have received the personalized elements from the customer. A credit note may be issued upon agreement with management.
Customers have 14 calendar days to exercise their right of withdrawal in accordance with European regulations.
4. ORDER VALIDATION
Any order form signed by the consumer by "clicking" constitutes an irrevocable acceptance which can only be challenged within the limits set out in these general terms and 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.
Prices are indicated in the currency chosen by the user on the site and are subject to VAT if required by current VAT regulations. For special offers, the duration of validity 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.
6. PAYMENT AND SECURITY
6-1 PAYMENT BY CREDIT CARD
On https://usa.matt-racing-moto.com you can pay by credit card via PAYPAL. Paying by card speeds up the processing of your order. We accept VISA, Mastercard and AMEX.
6-2 PAYMENT IN 4 TIMES FREE OF CHARGE VIA PAYPAL LATER
On https://usa.matt-racing-moto.com you can pay in 4 instalments free of charge by credit card via PAYPAL LATER. The buyer is solely responsible for his commitment to honor the monthly installments of his payment in installments, the credit conditions being accepted by the buyer at the time of payment. By paying by card, you speed up the processing of your order. We accept VISA, Mastercard and AMEX. If you pay for your order in instalments, you accept PAYPAL LATER's general customer conditions, as well as Alma'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 confirmed, you will receive a confirmation e-mail containing the bank details required to make the transfer. Downloadable items relating to your order or items in stock will only be sent on receipt of your payment to our bank account.
6-6 DEFAULT OF 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 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 made-to-measure products, MATT Racing provides, after receipt of payment, an explanatory measurement guide 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 measurements that have been taken correctly in order to guarantee the correct production 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 sent to the manufacturing plant, MATT Racing may ask the customer for new specific measurements in part or in whole. 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. In the same way, if the customer refuses to send the measurements and/or additional photos requested by MATT Racing, the order will in no case be cancelled but will be put on hold during the period of 12 months from the date of the 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.The customer will not be entitled to any reimbursement and will be able to complete the order during these 12 months.
ATTENTION: it is MANDATORY to send photos of the measurements! It is written on the measurement guide. Any order sent 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 required to check the consistency of the measurements by the manufacturing plant.
In the event that it is impossible to take photographs, the customer will be asked to sign a waiver of responsibility and renunciation of the guarantee 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 the responsibility of MATT Racing or denigrate the brand under penalty of prosecution.Help with taking measurements: subscribing to the chargeable help with taking measurements service in no way constitutes an assurance that the measurements will be taken correctly or that the final product will be produced correctly. This service is only offered to assist the customer in taking measurements in order to simplify the process. Neither does it guarantee that MATT Racing will take responsibility for any alterations after delivery if the product is not suitable due to incorrect measurements.
ZEN option: subscribing to the ZEN option when placing an order allows 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 combination known as adjustment with a view to manufacturing the final personalised model. This option in no way guarantees the correct production of the personalised final product, nor does it guarantee that MATT Racing will take responsibility for any alterations to the final model once it has been delivered. If the customer considers the final product to be inappropriate for his measurements, the usual procedure for requesting acceptance will be applied by the customer service department: checking the measurements and sending photos showing the defects observed.
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 case of receipt of a product with an inappropriate size. No refund can be made. Exchanges of products may be submitted to the management who will be free to accept or not, the cost of return and new shipment remaining the responsibility of the customer.
A brief measurement chart is available on the page of the items concerned to enable the appropriate size to be chosen. 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 according to this grid does not meet the customer's expectations. It is the customer's responsibility to take note of all the 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.
Our products are guaranteed parts and labour for a period of six months, by return or deposit in our shop 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 item 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 faults in the item sold or the service rendered".
With regard to made-to-measure and personalised items, MATT Racing cannot under any circumstances be held responsible in the event of the customer transmitting incorrect measurements. In the event of a problem with the measurements for which the customer is responsible, the customer will be offered a solution for reworking the template at his or her expense. The costs incurred by these modifications will be clearly notified to the customer by email and must be paid before any alterations are made. Matt Racing cannot be held responsible for any additional delays that may be caused by the reworking of the template.
Any voluntary or involuntary deterioration of the product will not give rise to total or partial responsibility for the repair or replacement of the product under the product guarantee.
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 delivery time to be taken into account is the longest.
Packages are generally dispatched within 50 to 60 days of 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 in transport time to get the products ordered to our distribution point in PORTUGAL. They are then dispatched by the carrier chosen when the order was placed or made available in our shop for collection by the customer. Whichever delivery method you choose, when your order is dispatched you will receive an email to notify you of the dispatch with an online parcel tracking link.
Shipping costs include preparation, packaging and postage. Preparation costs are fixed, whereas transport costs vary according to the total weight of the parcel. 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 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.
Boxes are appropriately sized and your items are properly protected.
If the product is imported into a country outside the EU, customs duties are payable by the customer, who is deemed to be the importer of the product. MATT Racing cannot under any circumstances compensate the customer for the costs inherent in importing the product ordered. It is the customer's responsibility to find out in advance about any import fees that may be charged.
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. In the same way, MATT Racing cannot be held responsible for a delay or loss of a parcel in the case of an erroneous delivery address since 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 e-mail from [email protected]. It is the customer's responsibility to ensure that the registered delivery address is valid at the time of dispatch.
9-5 RETURN TIME
If, on receipt of their order, the customer notices a problem with their product, whether it be a design, graphic or measurement problem, they must let us know within 7 days of receipt of their order. They will then be asked to provide clear photos of the problem. If it turns out that the problem results from 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 in relation to this rectification whatever the time that this one requires.
If it turns out that the problem is due to the customer, MATT Racing will propose an estimate to the customer 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
In the event of the return of goods for customised or personalised products, no refund may be granted. A credit note or an identical replacement may be issued subject to the agreement of the legal department. We would be grateful if you could return 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 the event of an apparent defect or non-conformity in 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, excluding any compensation or damages. In this case and only in this case, the costs of return (if the customer has requested a shipment at the time of his initial order) will be paid 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 boutique for collection by the customer.
10. ORDER CANCELLATION
In general, orders placed with MATT Racing are final and cannot be cancelled except on the initiative of MATT Racing exclusively.
However, the management gives the customer the possibility of making 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 agrees to a partial refund of the order, a minimum fixed cancellation fee of €699 will be charged once the fitting combination has been delivered. As this fitting suit is considered to be a trial fitting by the customer, no refund will be given 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 French Data Protection Act of 6 January 1978). When you place an order, you may receive promotional offers.
In the event that one of the clauses of this contract should become null and void as a result of a change in legislation, regulations or a court ruling, this shall in no way affect the validity of and compliance with these general terms and 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 service, the presence of computer viruses or external intrusions or, more generally, any event 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, which the plaintiff may choose to bring before: the court of the place where the defendant resides, the place where the goods were actually delivered or the place where the service was provided. 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 mediation body selected is: CNPM - MEDIATION - CONSOMMATION. In the event of a dispute, you may 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.
In accordance with the law of 11 March 1957, any reproduction, even partial, of the elements of the site https://usa.matt-racing-moto.com requires the prior written agreement of the auto-entreprise Rémy GRAS.
MATT Racing is the property of MATT RACING Lda.
Rua da Horta do Teodoro
8900-327 VILA REAL DE SANTO ANTONIO - PORTUGAL