Article 1. Preamble

The present conditions are concluded between, on the one hand Maton sports registered at the “Banque Carrefour des Entreprises de Belgique” under registration number BE 0439.164.332 and located at WANZE, named under the commercial name “MATON SPORTS” and on the other hand, people wishing to complete a purchase via the Maton Sports website (accessible through http://www.matonsports.be/) hereinafter designated as “the user”.

1.1  Identification

• Company name : MATON SPORTS SPRL

• Registered at the BCE in Belgium under the VAT number : BE 0439.164.332

• Commercial name : MATON SPORTS

• Registered trademark

• Website : http://www.matonsports.be/

• Email address : info@matonsports.eu

The buyer is defined below as the company or person signing and accepting these terms and conditions of sale. The general conditions of sale apply exclusively to all sales concluded by MATON SPORTS, both for its own account and for that of its principals.

1.2  Generalities

These general terms and conditions may be modified at any time and without notice by the seller, the modifications then being applicable to all subsequent orders. The parties agree that their relations will be governed exclusively by this contract, excluding any conditions previously available on the site. If a condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their registered office in Belgium. The non-application of one or more provisions of these terms and conditions can never be considered by the client/buyer as a renunciation of these terms and conditions.

These conditions aim to define the terms and conditions of sale between the seller and the user, from the order to the services or products, including payment and delivery. They regulate all the necessary steps for placing the order and ensure the follow-up of this order between the contracting parties. Any user of the site who does not have a customer number will have to follow a registration procedure enabling him/her to obtain his/her customer number.

The information given in catalogues, price lists, websites, notes, etc. is given for information purposes only and may, as such, be modified by the seller without notice. In all cases, the final validation of the order implies the acceptance of the order, in its entirety and at the price indicated, by the user. Offers are valid within the option period of one week from the date of the offer, unless otherwise stated in the offer. This validation is worth signature and express acceptance of all operations carried out on the site.

Article 2. Terminology

The services offered by MATON SPORTS on its website are hereinafter referred to as the "MATON SPORTS services". Each person wishing to benefit from MATON SPORTS services and who has complied with the general terms and conditions of sale will hereinafter be referred to as a "client", each company that has mandated MATON SPORTS to sell a product belonging to it on its site will be referred to as a "supplier", each order made by a customer under the conditions provided for will hereinafter be referred to as "the order".

Article 3. Recording of personal data

Any natural or legal person, who registers during a visit to the website as a potential contracting party of MATON SPORTS, communicates by his registration his personal data to MATON SPORTS. Registration implies explicit consent that one's identification data can be processed in the MATON SPORTS data file. Only natural or legal persons with full legal capacity and capacity to act may register. During the registration process, the individual or legal person receives an ID number and chooses a password which is validated by MATON SPORTS. This information is confirmed by MATON SPORTS by sending a summary email to the client.

The processing of these personal data in the data file of MATON SPORTS takes place with a view to customer administration, order management, deliveries, invoicing of material and immaterial services, monitoring solvency, advertising by means of the profile, personalized processing and marketing.

Article 4. Privacy protection

In theory, access to the information available on or via the site is made without having to provide any personal data, such as name, postal address, e-mail address, etc.

Exceptionally, in order to obtain additional services (request for information, reservation, member space, subscription to a newsletter, etc.) it is possible that personal information, mainly contact details, may be requested from the user. In this case, the user is notified in advance and the data is processed in accordance with the terms of Directive 2002/58/EC on the processing of personal data.

In concrete terms, this means in particular that :

Your personal data may only be collected and processed in accordance with the purposes stated at the time of their collection. You have the right to access and rectify this data at any time, as well as the right to object to it, in order to check its accuracy and have any errors corrected. You go through customer management to change your details. Use of navigation information for statistical purposes.

When you access the site, the servers consulted automatically collect the following data:

• the IP address assigned to you during your connection ;
• the date and access time to the site ;
• the pages viewed ;
• the type of browser used ;
• the platform and/or the operating system installed on the computer ;
• the search engine as well as the keywords used to find the site

These data are kept for the sole purpose of measuring the number of visitors to the different sections of the site and to make improvements.

Use of cookies

In order to facilitate your navigation on the site as well as to optimise technical management, MATON SPORTS may occasionally use "cookies". Most cookies only work for the duration of a session or visit. None of them contain any information that would make it possible for you to be contacted by telephone, e-mail or post. You can also configure your browser to inform you each time a cookie is created or to prevent it from being saved.

A “cookie”

It is a small piece of information saved by a website within an Internet browser on your computer. This cookie can be retrieved during a subsequent visit to the same site. The cookie cannot be read by another website, but only by the website that created it. The site uses cookies for administrative purposes to, for example, record your preferences for certain types of information, so that you do not have to repeat the same keystrokes each time you visit our site.

Article 5. Price terms and conditions

All the information relating to the products, such as delivery costs and the guarantee, as well as the prices are shown on the corresponding description sheet for each product. The sale price of each product presented on the MATON SPORTS website is expressed in euros. This is a price that includes VAT (when applicable) as well as all costs (Recupel or other), excluding possible delivery costs and additional guarantee.

The prices appearing on your order after its validation and registration are firm and final : if the prices are reduced a few days after the order, we will not be able to compensate you for the difference. If prices increase, we have committed ourselves to deliver to you at the price fixed on the day of the order.

Sales without VAT to VAT taxable persons are only possible if supporting documents are submitted in advance.

The amount of the delivery costs is calculated automatically according to each order. It appears on the summary of your order, before final registration. The price paid by the buyer, hereinafter referred to as the total price, is also explicitly indicated as such when the order is placed.

Since 1/07/2001, in compliance with the regional conventions on environmental policies, a recycling fee has been collected on behalf of the ASBL Recupel, an approved organization in charge of the recovery and recycling of old electrical appliances, for an amount of 1 to 6 euro(s) depending on the product. This fee is already included in the price (view : http://www.recupel.be). If you have any questions about the price terms and conditions, simply send an e-mail to info@matonsports.eu.

Article 6. Delivery : price and condition

Delivery within Europe only.

6.1 Delivery time

Delivery is made to the address you indicated when you placed the order. MATON SPORTS commits itself to deliver to you within 30 days maximum from the day following the day you have sent us your order. Any other delivery time is only given as an indication. The deadlines indicated on the site are average deadlines usually observed and which correspond to the order processing times, to which are added the shipping time of the carriers.

6.2 Late delivery

In the eventuality of a delay in delivery, we advise you to check the status of your order directly online before contacting us, on the carrier's website using the shipping number. We invite you to notify us of any delay of one week in relation to the average delivery time noted in order to allow us to start an investigation with the carrier. Investigation times can vary from one to three week(s).

If on the one hand the product is found during the investigation period, it will be forwarded immediately to your home. If, on the other hand, the product is not found at the end of the investigation period, the carrier considers the package as lost, and we will send you a replacement product at our expense.

If the period indicated is exceeded by more than 7 days, except in cases of force majeure, you have the option of cancelling your order and receiving a refund. You must then send us a registered letter with acknowledgement of receipt within 60 working days from the scheduled delivery date.

By express agreement, a case of force majeure or events such as lock-out, strike, total or partial work stoppage in the seller's factory or at its suppliers', epidemic, war, requisition, fire, flood, interruption or delay in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or import of the goods, the seller is released from all liability upon delivery.

The seller will keep the buyer informed in a timely manner of the cases and events listed above. In all cases, on-time delivery can only take place if the buyer is up to date with his obligations towards the seller, whatever the cause.

6.3 Standard delivery rate

For all delivery orders in Luxembourg and France, please contact our secretariat in order to obtain the most appropriate delivery charges according to your region and or department at : secretariat@matonsports.be.

6.4 Packaging and insurance

Your purchases are packed with the utmost care, using protective materials. The attention we pay to packaging allows us to offer a delivery in the best conditions. The products shipped are insured free of charge against damage and theft for the entire duration of transport. You must therefore make sure of the integrity of your order and all the items that it contains on receipt of the package and in the presence of the person making the delivery in order to issue a complaint if necessary. In the eventuality that you have any doubt about the condition or content of the order, you are obliged to refuse the goods on receipt of the order. Any refused product must be returned to the carrier in its entirety and in its original packaging. Acceptance upon delivery shall also constitute acceptance of its contents and condition.

6.5 In case of absence

If you are absent, a calling card will be left in your mailbox. The first time, a telephone number will allow you to set a new delivery time. If by some misfortune, the second attempt fails, you then have a period of 7 calendar days to collect your parcel from your regional post office. After 15 days, the package will be returned to the MATON SPORTS depot.

Article 7. Terms and conditions of order

Offers are valid while stocks last. In the case of a quotation, the offer will remain valid for one week unless otherwise stipulated on the quotation.

7.1 Product description

The essential characteristics of the product are indicated in the "product sheet" which usually contains a photo of the product and indicates its particularities. Photographs illustrating the products, in support of the text, do not fall within the scope of the contract. If errors have occurred, MATON SPORTS cannot be held responsible in any way. The detailed product sheet is the only contractual source. Manufacturers may change the technical composition of product references without notice.

MATON SPORTS is at all times entitled to update or improve its files or to withdraw its products and/or services from sale. You can contact MATON SPORTS to obtain additional information on the products presented via the CONTACT page of our site.

7.2 Availability of products

You are informed of the availability of the product directly on the site. However, in case of unavailability of the product ordered, MATON SPORTS can provide you with a product of equivalent quality and price. In this case, if you exercise your retractation right, the return costs will be borne by us. Nevertheless, you still have the possibility to cancel the sale and request a refund. This will be done within a maximum of 7 days from the date of receipt of the product or service. For products not stored in our warehouses, our offers are valid under reserve of availability at our suppliers.

7.3 Import restrictions

It is your responsibility to check with the local authority in your country for any restrictions on the import or use of the products or services you plan to order. You acknowledge that the products may contain technology and software subject to the export control laws of the United States and the European Union and the laws of the country where they are delivered or used. You must respect the law. The products may not be sold, rented or transferred to users or countries subject to restrictions, or which would use them for purposes of mass destruction or genocide. You must refer to the regulations in force, which vary regularly depending on the product.

7.4 Steps to conclude the contract

At the first Internet order, all new customers must create a "customer account", a "login" and a password will be requested. Each time you confirm an order, you will be redirected to your account via a secure connection that will remind you of the contents of your order. Your order will only be definitively registered once you have filled in the various information and validated it. When you register the order by selecting a method of payment, the sale is deemed to be concluded (agreement on the goods and price). The processing of your order is confirmed by sending an email automatically generated by our website to the email address indicated when creating your customer account.

Contractual information will be the subject of a confirmation containing this information at the latest at the time of delivery. MATON SPORTS has the right to cancel or refuse any order from a client with whom there is a dispute regarding the payment of a previous order.

7.5 Cancellation of the order

The order made on our site is automatically cancelled if payment is not received. To cancel any order, we invite you to contact us either by email or by phone, mentioning the billing name appearing on the order as well as the order number. When the order is prepared, the cancellation can only be made by refusal on your part of the parcel, WITHOUT OPENING IT, sent by MATON SPORTS.

It is specified to professionals that no unilateral cancellation of an order on their part will be accepted without the agreement of MATON SPORTS and that orders sent directly by the buyer or which are transmitted by agents representing the seller are only binding on the seller once they have been accepted.

7.6 Withdrawal period of the order

The withdrawal period is 14 days, calculated from the day of the actual order. In this case, if the customer has received the goods ordered, he undertakes to return them to Maton Sports, bearing the delivery costs and being responsible for the entirety and quality of the goods returned.

Article 8. Method of payment

In order to process orders in the shortest possible time and to offer the best service, MATON SPORTS invites the customer to pay the purchase price when placing the order. If the customer renounces to the order, MATON SPORTS is obliged to reimburse the sums paid by the customer, without compensation. The cost of returning the package is at the customer's expense. The purchasing price is paid when the total amount of the order has arrived on the MATON SPORTS bank account.

Article 9. Right of cancellation

The consumer has the right to notify the seller that he renounces the purchase, without penalties and without giving any reason, within 7 working days from the day following the day of delivery of the product or the conclusion of the service contract. As a reminder of our delivery conditions! Your purchases are packed with the greatest care, using protective materials. The attention we pay to packaging allows us to offer a delivery in the best conditions. The products shipped are insured free of charge against damage and theft for the entire duration of transport. You must therefore ensure the integrity of your order and of all the articles that make it up on receipt of the package and in the presence of the person making the delivery in order to issue a complaint if necessary.

MATON SPORTS will only act on the renunciation by the buyer if the original packaging of the product is still intact, in particular if the seal and the product itself have not been used or damaged.

The buyer must be notified by email (info@matonsports.eu). On this occasion and as soon as the buyer has respected the deadline as described in the paragraph above, he will be given a return authorization number. In the case of returning a parcel and after having informed MATON SPORTS by email within the time limits described above, the costs of returning the parcel are always at the customer's expense. The customer will be asked to protect the returned items with the utmost care.

In order to make your life easier when you return an item, MATON SPORTS offers to reimburse you by transfer to your bank account. To use this convenient, safe and fast service, all you have to do is fill in your bank account number on the packing slip that accompanies the returned items. We will make the transfer as soon as possible (maximum 30 days) after MATON SPORTS has become aware of the intention to renounce and after the products have been returned to MATON SPORTS. The shipping costs of the package will not be refunded. In case of abusive returns, MATON SPORTS has the right to refuse a subsequent order. If you have any questions about the terms and conditions of renunciation, simply send an e-mail to info@matonsports.eu .

Article 10. Guarantees and after-sales service

Most of our articles sold are covered by the legal guarantee of conformity, the legal guarantee for hidden defects and the manufacturer's guarantee, the scope and duration of which differ according to the products and brands. In the case of an exchanged order, the shipping costs of the item(s) shall be borne by the customer. However, if the guarantee of conformity is applicable to the returned product(s), all costs related to this return will be refunded to the customer. Whatever the problem concerning your article is, it is imperative to join with the defective appliance and its packaging a copy of the invoice, the warranty card (present in the box) and the return form. Please note that the guarantee does not apply to the repair of damage resulting from a cause external to the product or a fault of the customer resulting for example: use or installation that does not comply with the manufacturer's specifications, use that is detrimental to the proper conservation of the product, commercial or collective use, use of unsuitable accessories, etc.

Therefore, we invite you to carefully consult the instructions for use supplied with the products.

If the products do not comply with the information given when the products are presented on the site or have hidden defects, they will be replaced or reimbursed depending on the availability of similar products and the customer's wishes. Items covered by a guarantee will only be taken back if they are accompanied by the delivery note. If the product cannot be replaced due to lack of stock, you will receive a gift voucher for the value of your purchase to be used in the MATON SPORTS shop.

Are also excluded from the guarantee the products modified, repaired, integrated or added by the customer or any other person not authorized by the supplier. The guarantee will not apply to apparent defects and defects in conformity of the product for which any complaint must be made by the customer within 7 days of delivery of the products, on pain of forfeiture. The guarantee will not cover products damaged during improper use. In any case, MATON SPORTS cannot be held responsible if the manufacturer refuses to apply its guarantee for the reasons explained above.

In order to facilitate the after-sales service of certain products, MATON SPORTS will redirect its customers to service points as close as possible to the customer's home. All returns must be previously authorized by MATON SPORTS with the attribution of a return number. The customer must therefore make a request to info@matonsports.eu after written approval from MATON SPORTS.

Article 11. Responsibility

The company MATON SPORTS, under the commercial name MATON SPORTS, has only an obligation of means, for all stages of access to the site, the order process, delivery or subsequent services. MATON SPORTS cannot be held responsible for any inconvenience or damage inherent to the use of the Internet network, in particular a break in the service, an external intrusion or the presence of a computer virus, or any fact qualified as force majeure, in conformity with jurisprudence. MATON SPORTS cannot be held responsible for damages of any kind, whether material, immaterial or corporal, which could result from a malfunction or misuse of the marketed products. The same applies to any product modifications resulting from suppliers. The responsibility of MATON SPORTS shall, in any event, be limited to the amount of the order and shall not be held liable for simple errors or omissions that may occur despite all precautions taken in the presentation of the products.

MATON SPORTS cannot be held responsible, towards a client or a third party, for any indirect damage, operating loss, profit or turnover, occurring in any way whatsoever.

Without limiting the preceding paragraphs, MATON SPORTS's liability under these terms and conditions shall not exceed an amount equal to the sums paid or payable in the transaction giving rise to such liability, regardless of the cause or form of action involved.

MATON SPORTS cannot be held responsible for the non-fulfilment of the contract concluded in the event of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike notably of the postal services and means of transport and/or communications, flood, fire.

MATON SPORTS guarantees not to divulge to third parties the information communicated by customers on the site. These are confidential. They will only be used by its internal services for the processing of your order and to reinforce and personalize communication, in particular through information letters/emails, as well as in the context of the customization of the site according to users' preferences. MATON SPORTS may provide consolidated statistics relating to its customers, sales, trade patterns and information on the site to trusted third parties, but these statistics will not contain any personal data.

Article 12. Copyright

Legal information - Terms of use of the site. The use of the site is subject to compliance with the general conditions described above. By accessing this site, you declare that you have read and agreed to these general terms and conditions of use without any reservations. Quality of information and service, limitation of liability. The hypertext links present on the MATON SPORTS portal site and directing users to other Internet sites do not engage the responsibility of MATON SPORTS for the content of these sites. The client will comply with their conditions of use.

Intellectual property rights:

The texts, layouts, illustrations and other constituent elements of the site are protected by copyright or, in the case of databases, by a specific right. All these elements are the property of MATON SPORTS or, if applicable, of a third party from whom MATON SPORTS has obtained the necessary authorizations. Unless otherwise stipulated, the textual or numerical information appearing on the site may be used free of charge but subject to mention of the source and only for a use that is neither commercial nor advertising. However, any reproduction of a commercial or advertising nature of this information, as well as all forms of use and reproduction of the other constituent elements of the site, such as the graphic line, images, sounds or computer applications, are strictly forbidden without prior authorization. Any request in this regard should be addressed to the management of MATON SPORTS. (http://www.matonsports.be/)

Creation of hyperlinks to the site:

MATON SPORTS authorizes the creation, without prior request, of surface linkinks that refer to the home page of the portal site or to any other page in its entirety. On the other hand, the use of any technique aimed at including all or another part of the portal site in an Internet site by masking, even partially, the exact origin of the information or which could lead to confusion as to the origin of the information, such as framing or in-lining, requires the written authorization of MATON SPORTS. Any request in this regard should be addressed to the management of MATON SPORTS. (http://www.matonsports.be/)

Article 13. Entirety

In the event that one of the clauses of this contract is null and void due to a change in legislation, regulations or a court decision, this shall in no way affect the validity and compliance with these general terms and conditions of sale.

Article 14. Length

The present conditions apply for the entire duration of the online services offered by MATON SPORTS.

Article 15. Evidence

The computerized registers, kept in the computer systems of the company MATON SPORTS and its partners under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The conditions listed on this site are applicable for deliveries on Belgian and Luxembourg territories exclusively. The items sold by MATON SPORTS comply with the description and presentation of the data in the catalogue. Despite all our precautions, errors may have crept into this catalogue. We cannot be held liable for any such errors.

Article 16. Retention and archiving of transactions

The archiving of purchase orders and invoices is carried out on a reliable and durable support, so as to correspond to a faithful and lasting copy.

Article 17. Applicable law and jurisdiction

These conditions are subject to Belgian law. In the event of a conflict, the client will first contact MATON SPORTS to obtain an amicable solution. Otherwise, only the courts of the judicial district of Huy are competent, regardless of the place of delivery and the methods of payment accepted.