General conditions of sales

Applicability

All sales of goods (“Products”) by Marty Sport, SA., (the “Seller”) with address Route de la Meignanne 49370 Saint Clémént de la Place, registered in RCS Angers under the number B 317.121.747 with VAT number FR20317121747,  are made subject to these Terms and Conditions of Sale and are expressly conditioned upon the Buyer’s (professionals or private persons) agreement thereto.

The information contained in these Terms and Conditions of Sale serves to supplement the information contained in the Seller’s catalogue and on the Seller’s web site, martysports.com. The Seller will not be bound by any variations from or additions to these terms and conditions of sale contained in any purchase order or other document submitted by the Buyer. No variation from these Terms and Conditions of Sale shall be binding upon the Seller unless agreed to in writing by an authorized representative of the Seller. All the information on this page can be modified anytime by the company MARTY SPORTS without any notice given to buyers. Please contact Seller for further details.

Purchase and Payment

The purchase can be also done via our website martysports.com. Please be aware that we can charge you additional postage cost if ordering from abroad. We will contact you once we receive your order. We accept credit card payment (Visa and Mastercard). You may send your credit card information over the Internet.
You will receive a confirmation of the order that is a proof that we have received your order. However this does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. In the case of a change of price, we will always contact you first to ensure that you accept the changes.
All goods remain the property of Marty Sports until paid in full. Overseas shipping involves extra delivery cost. Please contact us for details.
The purchases via our website must be less than 3.000 € TTC when paying by credit card.
For clients purchasing from abroad or for orders higher than 3.000 € TTC, as well as for special quotation requests please contact our commercial service:
By phone
Au +33 (0)2 41 77 03 8
Our assistants are available to you from Monday to Friday from 8am  to 12:45am and from 1:30 am to 6:00 pm.
By email: export@martysports.com

By post:
MARTY SPORTS SA
Route de la Meignanne
49370 Saint Clément de la Place
France
By fax : +33 (02) 41 77 02 77
You can always contact our commercial team if you want to receive our catalogues by post.
The examples of documents as well as pictures shown on our website are for information purposes only. The photos are not used in contract.

We reserve the right to modify at any time the articles presented on our website or in the catalogues without any notice. Marty Sports reserves the right to replace the product included in the order by the product with the same characteristics as ordered without affecting the order.

Ordering from our website

Customer acceptance

The customer accepts the general sale conditions after confirming the order by clicking on the “confirm order” button on the website. Any order signed by the client by “double click” is, under the law 2000-230 of 13 March 2000 on electronic signature, an irrevocable acceptance which can not be withdrawn only in the case of the right of withdrawal provided in general sale conditions. This electronic signature has value as handwritten signature.

Information provided by the customer

The information entered by the customer can not be changed without formal agreement of MARTY SPORTS SA, particularly the later modifications in the orders must be made upon the request to the sale department of MARTY SPORTS SA.

Details on order confirmation process on our website

An email on confirmation of the order is always sent to the client after registration by internet.
This email represents a confirmation that the order has been taken into account by MARTY SPORTS SA. Indeed, MARTY SPORTS SA reserves the right not to accept orders for which payment has not been provided or from clients with whom MARTY SPORTS SA is in dispute or any client with negative history of payment. Orders are processed in the shortest possible time. Our priority is to satisfy our customers. The administration of the order takes normally up to 3 business days after receiving online order.

Validity of the offer

All the requests / commands made on our website are valid for 60 days from the date they were registered on our website. In the absence of receipt within this period of regulation under control, prices and conditions can be reviewed by MARTY SPORTS SA.

Selling price

The prices for our products are indicated in euro excluding postage, packaging and VAT. The valid prices are shown in our updated catalogs. For all the promotional offers, the expiry date is clearly presented. The prices applied are always those valid at the time of the order.

Payment terms/Ownership

Terms of payment

For new clients or any physical person, the orders will be taken into account after receiving the payment. If the bank refuses the payment when paying by credit card, the order will be cancelled.

For payment by cheque, the client sends a cheque in the name of MARTY SPORTS SA, with the order number on back of the cheque, on the following address: MARTY SPORTS SA – Route de la Meignanne – 49370 Saint Clement Place.

If the settlement is not reached within ten working days, MARTY SPORTS SA reserves the right to cancel the order.

For existing customers of MARTY SPORTS SA, apart from natural persons, the payment of our invoices must be made according to the specific conditions previously negotiated with our sales department.

Retention of title

It is expressly stated that our sales are within the scope of the application of the law n ° 80-835 of 12 May 1980 on the subject property which affects the transfer of ownership to the full payment of goods (Articles 2367 and the Civil Code).

The property of the goods will therefore pass to the buyer after full payment of the price, given that the submission of a payment does not constitute a payment within the meaning of this clause.

The clause does not prevent the delivery of goods by the transporter to the buyer, and from the significant risks of loss, damages or theft of the goods and the damage they could cause.

Penalty clause

Any order is related to the acceptance of our terms of sale also included in our catalog (particularly penalty clause).

By express agreement, unless deferment of settlement is requested in time and agreed by Marty Sports, if the customer fails to settle the sums payable for the Marty Sports’ supplies by the deadline, it will lead to:

  • the payability of all due sums, whatever is the planned method of payment;
  • acceleration of amounts due, the intervention of a litigation and liability as damages and penalty clauses of an allowance equal 15% of the amount owed in addition to legal and court costs, if any.

Order Tracking

Once the client receives the confirmation of the order by e-mail with the order number he will be able to monitor the process of this order on our website.

For more information you can always call to our team at02 41 77 03 86.

Warranty and After Sale Service

Warranty

Our products are guaranteed for one year (except the promotional and rental material), unless otherwise agreed, from defects in material and workmanship (excluding wear parts).

The warranty is limited to the obligation to recondition the equipment and supply parts which have been acknowledged as defective. They can be repaired or replaced in our workshops at our expense in the shortest possible time, without claiming any compensation for any reason whatsoever.

All other express or implied warranties are excluded.

MARTY SPORTS SA can not be held liable for damages resulting from accidents, negligence or use of the goods, that proves to be contrary to the instructions and advice of the supplier and in contradiction with the use for which they are intended.

With the exception of persons who can legally bind the company MARTY SPORTS SA, no one is authorized to make any promises or representations on our behalf.

The invoice serves as warranty.

After Sale service

Applications should be made to our Customer Service department at 02 41 77 03 47 (Monday to Friday from 9 to 12 h 30 and 13 h 30-18 h 00).
Or by email: sav@martysports.com / export@martysports.com, where the customers will be indicated on how to proceed.
Or by post to on the following address: MARTY SPORTS SA – Route de la Meignanne – 49370 Saint Clement Place.
If returns of product are required, the return costs will be entirely on charge of MARTY SPORTS SA.
All returns require prior approval from MARTY SPORTS SA.

Products returned by the customer without any protection will not qualify for the guarantee. It is therefore up to the customer to ensure the protection or insure returned products during transport. Customer is obliged to keep the packaging, accessories supplied with the products, packaging labels, which will be necessary to qualify for the guarantee.

Right of Withdrawal

Under the conditions laid down in Article L121-16 of the Consumer Code, the Buyer therefore has a withdrawal period of seven (7) clear days from the day on which he/she receives products ordered within which to return them. All returns must be reported to our Sales Department by phone (02 41 77 03 86) or by fax (02 41 77 02 77).

The company MARTY SPORTS SA advises to return products with additional insurance that will guarantee the compensation for products in proportion to their actual market value in the event of theft or loss of the goods.

The company MARTY SPORTS SA also advises its customers to protect the original packaging of the products by inserting them into another packaging, because only products returned with all their accessories and with the packaging in the perfect condition able to be resale, will be taken into account. Any product that was damaged, incomplete, or whose original packaging has been damaged, will not be refunded or exchanged.

This right of withdrawal is without penalty; however the return costs stay on charge of the buyer. Upon exercise of the right of withdrawal MARTY SPORTS SA will make every effort to refund the buyer within 15 days by cheque. However, given the technical nature of the products sold, this period may be extended to 30 days, especially when the product needs a technical audit by our customer service (these products must be tested in advance).

However, the right of withdrawal is excluded in case of supply of goods made to the consumer’s specifications or clearly personalized or which, by their nature, can not be returned.

Confidentiality and Security of Personal Information

Confidentiality and security of your personal information is a legitimate concern for us. That is why we are committed to provide you with the highest degree of confidentiality and security.

This commitment applies to the following data:

  • Registration of a e-mail address,
  • Entry of your contact for opening an account,
  • Surveys by mail, telephone or at trade shows, that serve to gather information about our products and services, that can help us to improve.

Confidentiality

We need some information, such as name, email or username address, billing address to process your order and serve you more efficiently. We will use your email address to send you order confirmations and possibly information about our company.

Your credit card number will be used for online payment. In any case, it will not be known to our personnel.

It is also possible that we may use your address / email address to let you know about other products and services offered by our company.

We do not share the information you have provided to third parties, except those designated by law.
In accordance with the Data Protection Act dated 6 January 1978, you have a right to access, rectify, modify and delete data concerning you.
You can choose not to receive information and promotional materials from us and to update or remove information about you by sending a letter to the following address: MARTY SPORTS SA – Road the Meignanne – 49370 Saint Clement Place or by fax on: 02 41 77 02 77

Access to the website

MARTY SPORTS SA provides its clients using the online store, a customer code and a password private and confidential to identify and access the different services.

The customer is responsible for safeguarding and confidentiality of the client code and the password. He takes full responsibility for any breaches thereof and will include the consequences of unauthorized access through this code and the password.

If hypertext links to other sites, MARTY SPORTS SA can not be held responsible for the content of such other sites.

Website Security – Responsibilities

MARTY SPORTS SA makes every effort to ensure the security of transactions on its online store.

However MARTY SPORTS SA can not be held responsible for any malfunction of the website leading to failures in the administration and more generally for any problems related to networks, Internet access, computer equipment or software.

The customer agrees not to use any part of the site for illegal purposes, not to breach or violate the rights of privacy and the protection of privacy, not to use the website to transmit any element contrary to public morals, not to encourage discrimination or the hatred of a person or of a group of people on account of their origins or their affiliation or non-affiliation with a given ethnic group, nation, race or religion; threatening a person or a group of people.

Intellectual Property

All references, publications, photos, illustrations published onthemartysports.comsite arereservedundercopyrightandunderindustrial propertyare for private use only.

Any other use would constitute an act of infringement, illegal as stated by the Code of Industrial Property.

Dispute

This contract is subjected to the French law, both for the rules of substance the rules of form.

Any dispute concerningtheinterpretationorexecutionof acontract orthe terms and conditionsof sale will besubject to the exclusivejurisdiction of thecourts of theheadquartersMARTYSPORTSSA. Unless otherwiseagreed in writing, all orderswill be governedby therightterms and conditionsof saleMARTYSPORTSSAin force.

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