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The present general conditions of sale are concluded on the one hand by "MATOS SURF&KITE SHOP SPRL" owner of the website www.matos.be whose head office is located in Belgium, registered at the Crossroads Bank of Enterprises (Belgium) VAT number BE0877.885.632 and on the other hand, by any natural person wishing to proceed to a purchase via the website of "Matos" www.matos.be hereinafter referred to as "The Customer".
1. Purpose
These general conditions of sale determine the rights and obligations of the parties resulting from the online sale of the products offered on the Site. Each order implies that the Customer has read and accepted them without reservation. They form an integral part of the agreement, with the exception of any other general or specific conditions issued by the "Seller", unless otherwise stipulated in a written, dated and signed document. Our general terms and conditions of sale are subject to change at any time. The applicable terms and conditions are those in force at the time the order is registered.
2. Characteristics of the articles
All our offers are without obligation. We are only bound by an order after we have confirmed it in writing or after the execution of the order has begun. The articles offered by the company "Matos" are those which appear in the catalogue published on the website www.matos.be on the day the user consults it, provided that the article is in stock. If one of the products is no longer available, the buyer will be informed before the validation of his order by e-mail or on the invoice of the products shipped in the case of an order of several articles. The company "Matos" cannot be held responsible in case of late delivery or stock shortage. These products are put on sale within the limits of available stocks. Only the definitive rupture of an article involves the suppression of this one of our offer of sale. The company "Matos" will then withdraw as soon as possible this (these) article(s) from its catalogue. "Matos" cannot be held responsible for this and it cannot give the Customer the right to sue. In the case of unavailability and out-of-stock condition, the Customer may request a refund or a credit note may be issued for a future order. Description: The description of the articles (photographs, information, text, etc.) in the catalogue are as accurate as possible but cannot ensure perfect similarity with the product offered, particularly with regard to colours. The replacement or reimbursement of the article(s) as well as the shipping costs will only be possible in case of substantial error. The colours of the kites delivered may not correspond to those of the advertised photos. If you have a preference for a particular colour, please mention it when you finalise your purchase.
3. Prices
The prices shown in the catalogue of the "Matos" website are prices including VAT in euros, excluding delivery costs and taking into account the VAT applicable on the day of the order; any change in the rate may be reflected in the price of the products. The "Matos" company reserves the right to modify its prices at any time, without notice, it being understood that the price appearing in the site catalogue on the day of the order will be the only one applicable to the buyer but the company cannot be responsible for any display error. The price is payable in full and in one instalment when the order is placed. All orders are invoiced in Euros and payable in Euros. Unless otherwise stated, our prices do not include delivery costs for the buyer's goods. These delivery costs will be mentioned separately. These costs will therefore be added to the price and the buyer will be aware of them at the time of the validation and final confirmation of his order.
4. Order
The buyer, who wishes to place an order via the Internet, must create a "customer account" in which he/she will indicate all the requested details, create an online "basket" by selecting all the chosen products, accept the present general conditions of sale, validate his/her order after having checked it and make the payment in accordance with the conditions provided. Confirmation of the order implies acceptance of these general terms and conditions of sale, recognition of having perfect knowledge of them and renunciation of the right to invoke one's own conditions of purchase or other conditions. All the data provided and the recorded confirmation will be considered as proof of the transaction. The confirmation will be considered as a signature and acceptance of the operations carried out. However, in order to limit the risks of fraud, "Matos" may carry out checks on the validity of payments made. In this case, the Customer is informed by e-mail of the supporting documents to be sent (by e-mail or by post) to "Matos" to allow a final validation of his order. The company "Matos" reserves the right to accept or reject the order with regard to the documents and their reception. Furthermore, "Matos" reserves the right to suspend or cancel any order relating to a customer with whom there is an unresolved dispute. Moreover, any person who has had his account closed will not be able to recommend on the site without the prior authorization of "Matos".
5. Retractation
The products sold on this site are products in destocking. The only products concerned by a refund or a return are the products affected by an error on the delivery not corresponding to the ordered article.
6. Payement
The Customer has access to payment methods that offer maximum security. An order can be paid by : IBAN bank transfer, the shipment of the article(s) can only take place upon receipt of the payment on our bank account. For more information on payment methods, please consult the page.
7. Dlivery
The Products are delivered by UPS. The risks are borne by the purchaser from the moment the products leave the premises of "Matos". In the event of damage during transport, a justified protest must be made to the carrier within three days of delivery. Upon delivery of the package, the Customer must unpack the package in the presence of the carrier. He must then check the conformity of the delivered order before signing the delivery note. In the event of any anomaly concerning the delivery, the Customer must indicate his reservations in the form of detailed handwritten observations, dated, explicit and accompanied by his signature on the Delivery Note. In the event of an anomaly or non-conformity, the Customer must, on the same day as the delivery, send his complaints to the "Matos" Customer Service by e-mail to info@matos.be. Any complaint made outside of this period may be rejected without any possibility of recourse for the Customer. The absence of a complaint or the non-issuance of reservations by the Customer means that the articles delivered are deemed satisfactory and may not be the subject of any subsequent dispute. Finally, delivery times are given as an indication only. If the delivery time exceeds thirty days from the date of the order, the sales contract may be terminated and the buyer reimbursed. In the event that the Customer does not receive his order within the time limit indicated, he may contact Customer Service who will determine the cause of the delay and inform him of it. If necessary, "Matos" will open an investigation on the delivery of the product with the carrier concerned. It is the carrier who determines the duration of the investigation. The opening of this investigation takes place within 24 working hours following the transmission by the Client to "Matos" of the information of the non-receipt of his order as well as the documents possibly necessary for the opening of this investigation that "Matos" can ask the Client. If during the investigation period, the parcel is found, it will be delivered normally to the Customer. If the parcel is not found at the end of the investigation and only under this condition, "Matos" will send the replacement articles at its own expense if they are available, or reimburse the Customer or establish a credit note on a future order for an amount equivalent to that of the lost order. It should be noted that in no case will "Matos" exchange or reimburse the articles before the expiry of the investigation period and the Customer will not be able to turn against "Matos" on this ground. In the event of non-delivery of an order or part of an order, the Customer has a maximum of thirty (3) days from the date indicated for the delivery of the Order to notify Customer Services. Once this period has expired, no further claims by the Customer shall be admissible, i.e. any request for an exchange, refund or credit note shall be rejected.
8. Warranty
All products supplied by the seller are new and benefit from the legal warranty against all manufacturing defects. This guarantee does not cover products damaged as a result of an accidental use by the Customer.
9. Liability
"Matos", in the process of selling online, is only bound by an obligation of means. Its responsibility cannot be engaged for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of the service, or other involuntary problems. The company "Matos" will not be held responsible for any delay or problem of execution of its obligations (delivery, ...) when it is due to a case of force majeure or to events independent of its will making the delivery impossible, such as natural disasters, bad weather, fire, explosions, floods, problems with third parties (suppliers, carrier, Internet services, etc.), strikes, accidents, wars, riots, in case of impossibility of supplying the country of delivery. "Matos" cannot be held responsible for material or immaterial damages that could result from a malfunction or misuse of the products sold, except in the case of responsibility of "Matos", knowing that this is limited to fraud and serious fault. The same applies to possible modifications of the products made by the manufacturers. In any case, "Matos" will limit its liability to the amount of the order and will not be held responsible for simple errors or omissions that may have occurred despite all the precautions taken in the presentation of the products.
10. Personal data
"Matos" undertakes to ensure that the confidentiality of the personal data transmitted by the Client is respected and only uses this personal data within a legal framework. When the Customer places an order on the Site www.matos.be, Matos collects the following personal data: name, address and e-mail address of the Customer. The Client's personal data will be used solely for the purpose of: - processing, delivering and managing the payment of his order: it is necessary to collect information for the purpose of distance selling, this information being essential for the processing and delivery of orders and for the establishment of invoices. If the Customer does not communicate his personal data, the order is not validly placed; - to better understand the market, the needs in terms of products and services, to better manage the offers by analysing and processing the data in its possession (e.g. statistical studies of the visits to the site in order to improve the content, the services and the products offered); - to send information relating to its products or promotions to the Customer; - to possibly contact the Customer if a problem should arise with his order. If the Customer wishes to modify his personal data or if he no longer wishes to receive information from "Matos", he can do so by writing to the email address info@matos.be or by mail to the following address: 124C Chaussée de Ninove, 1080 Brussels / BELGIUM. "Matos" will take the necessary measures to modify or delete the Customer's data from its database. "Matos" is and will remain the sole owner of the data collected on its Site and will not sell, rent or communicate these data to a third party not directly related to its activity.
11. Archiving and proof
"Matos" will archive the order forms and invoices on a reliable and durable support constituting a faithful copy. The computerized registers of "Matos" will be considered by the parties as proof of the communications, orders, payments and transactions between the parties.
12. Settlement of disputes
The Site, its content, and any relationship between a Customer and "Matos" are exclusively subject to Belgian Law. In the event of a dispute, the Client will first contact "Matos" in order to find an amicable solution. Failing that, the Belgian Courts are solely competent, regardless of the place of delivery.
