GENERAL TERMS AND CONDITIONS OF SALE AS OF 30/05/2019
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF SALE. THEY DEFINE THE CONDITIONS AND RESTRICTIONS OF SALE THAT YOU ACCEPT BY CLICKING ON THE BUTTON THAT SAYS “I have read and I agree to the general terms and conditions of sale”;
BY USING THE SERVICES, IN PART OR IN FULL, OF THE WEBSITE www.martinsindustries.com AND BY PURCHASING PRODUCTS THROUGH THIS WEBSITE, YOU AGREE TO ALL OF THE PROVISIONS OF THESE GENERAL TERMS AND CONDITIONS OF SALE, AS WELL AS THE LIMITATION OF WARRANTY AND LIABILITY. YOU ACKNOWLEDGE THAT THESE GENERAL TERMS AND CONDITIONS OF SALE ARE ENFORCEABLE IN THE SAME WAY AS ANY WRITTEN CONTRACT THAT YOU MAY HAVE SIGNED. SHOULD YOU DISAGREE WITH THESE GENERAL TERMS AND CONDITIONS OF SALE, YOU WILL NOT BE PERMITTED TO ORDER PRODUCTS THROUGH THE WEBSITE www.martinsindustries.com. THESE GENERAL TERMS AND CONDITIONS OF SALE MAY BE MODIFIED AT ANY TIME BY THE WEBSITE PUBLISHER, ACCORDING TO CHANGES TO THE WEBSITE OR LEGISLATION. IN SUCH A CASE, THE CORPORATION Martins Industries WILL NOTIFY ITS CLIENTS.
HOW TO CONTACT US
Martins Industries Inc. is a privately owned business registrated in Canada under Federal business number 144626793 and our federal taxe ID is 144626793R0001.
Martins Industries B.V. is a limited liability corporation registered in the Netherlands with the Chamber of Commerce (KvK) under the number 71088504. Our VAT number is NL858574652B01. For all information or questions, our Customer Service department can help you:
The Americas: +1-450-293-9000 from 08:00 – 17:00 EST.
Europe: +31 13 2200 003 from 08:00 – 17:00 CET.
The Americas: Martins Industries Inc, 1200 Boul. Industriel, Farnham, QC, J2N 3B5, Canada.
Europe: Martins Industries B.V., Het Steeke 2, 4751 XS, Oud Gastel, Netherlands.
Martins Industries is committed to ensuring you are 100% satisfied. We will do everything in our power to ensure that each of our clients has the best possible shopping experience. Even if there are certain elements that are beyond our control, such as transportation, rest assured that our customer service department and all of the employees at Martins Industries are there to help you.
By placing your order, you acknowledge having the full legal capacity to commit to the general terms and conditions of sale.
GENERAL TERMS AND CONDITIONS OF SALE: WHAT THEY DEFINE
All orders placed on this site will be subject to these general terms and conditions of sale, as well as to the specific conditions for the purchase of certain associated services. These are intended to define the sales contract and the resulting rights and obligations.
Please be informed that when you order products online, your agreement concerning these general terms and conditions of sale does not require a written signature. We remain vigilant and regularly update the text of these general terms and conditions of sale. As such, we encourage you to familiarize yourself with the current version on the day of your order.
To do so, you have the option to download, save and reproduce the general terms and conditions. The sales contract for an item purchased through the website consists of the general terms and conditions of sale in effect upon placing the order and creating the purchase order.
ORDERING ONLINE: HOW ORDERS ARE RECORDED
Unless proven otherwise, our computer records, stored in reasonably secure conditions, will act as proof of communications, orders and payments made.
We will archive purchase orders and invoices on a reliable and durable media, which could be legally produced as evidence.
TERMS AND CONDITIONS OF OFFERS: PRODUCT AVAILABILITY
Our product and price offerings are valid as long as they are visible on the website www.martinsindustries.com, within the limits of available stock. For products that are not stocked in our warehouses, our offers are valid subject to availability.
As such, indications on product availability are provided upon placing your order. In exceptional cases, errors are changes may occur.
In the event of unstocked products becoming unavailable after your order has been placed, we will notify you by email or telephone upon receiving this information.
Should you not desire a replacement solution with an equivalent item, your unavailable order will automatically be cancelled and you will be refunded if your bank account was debited.
PRODUCT IDENTIFICATION: INFORMATION PROVIDED
Most of the photographs, texts, graphics and datasheets are produced from documents created by our engineering and marketing department. For some products, this information is provided by the supplier.
Should you make a purchase with the intent of matching or achieving compatibility with a product already in your possession, you must clearly indicate this need, as we cannot be held liable for compatibility issues that we could not have anticipated.
MARKETING OF PRODUCTS: COMPLIANCE OF OFFERS
The products that we offer are in accordance with the applicable legislation and standards in Europe, the USA, Canada and South America.
For all purchases to be exported, you must verify the specificity of the legislation in effect in the specific country, whether regarding taxes, declarations, bans, etc.
We will not be held liable for non-compliance of the legislation of the country where the product is delivered. It is your responsibility to check with the local authorities the possibility of importing or using products or services.
INFORMATION WHEN PLACING ORDER: WHAT INFORMATION MUST BE PROVIDED
You must ensure that the information provided upon placing your order is complete and accurate, in particular regarding the delivery address. We cannot be held liable for potential input errors and the resulting consequences (e.g. delays or delivery errors).
In this case, you will be required to pay the fees for resending the order.
PAYMENT METHODS: HOW TO PAY
To pay for your order, you may use any of the payment methods provided when validating your order:
Credit Card, Cheque, Bank Transfer and Paypal. For more information on our payment methods, see the Payment Methods tab at the bottom of our website.
ONLINE PAYMENT: SECURITY
By validating the purchase order, you guarantee us that you have the necessary permissions to use your chosen payment method.
We certify that credit card information is encrypted through SSL (Secure Soket Layer) protocol, and will never be transmitted unencrypted on the network. The payment is made directly with the bank.
TOTAL PAYMENT: PRINCIPAL
Payment is due in full at the time of order. Paid sums cannot be considered as deposits. An order will be considered as settled once the entirety of the products have been shipped and you have paid in full for the products and any potential shipping fees.
INCOMPLETE PAYMENT: WHAT HAPPENS
Outside of special offers that we may provide on the website, we have the right to refuse to deliver or to complete an order if you have failed to settle a previous order in part or in full, or should there be an ongoing payment dispute.
We will retain full ownership of the products being sold until all amounts related to your order have been paid in full (including fees and taxes).
However, upon receiving the merchandise, all risk will be transferred to you. You must therefore ensure proper protection of the merchandise.
DELIVERY – TIMES – RETURNS: HOW IT WORKS
All of our products are available in our various distribution centres:
300 West Olive Avenue
Memphis, Tennessee, USA
Tel. +1 866-409-7225
Het Steeke 2, 4751 XS
Oud Gastel, The Nederlands
Tel: +31 13 2200 003
1200 Boul. Industriel
J2N 3B5, Canada
8 Penelope Crescent
Arndell Park, NSW
Mob. 0418 255 745
METHOD OF TRANSPORTATION
Products will be delivered to the address indicated by you when placing the order. We use various transportation companies and couriers, depending on the region of your delivery address, in order to reduce transportation costs.
IF you would prefer to pick up your order at our distribution centre, please contact Customer Service or your Martins Industries representative.
An order placed for an “In stock” product is prepared and shipped within 24 to 48 hours at the most, excluding weekends. This depends on the distance between our distribution centre and your delivery address. This delivery date is determined by the transportation company and cannot be guaranteed by our services.
USA: 1 to 4 days
Canada: 1 to 6 days
Europe: 1 to 5 days
Australia: 2 to 5 days
Deliveries by tractor and semi-trailer require a receiving dock. If you do not have a receiving dock, you must notify Customer Service in advance. Should you fail to notify Martins Industries, additional fees may apply, for example, for using a truck with a lifting tail gate or unloading by a delivery company.
In the event that a delivery is delayed beyond the five to ten business days following the shipping date, we encourage you to notify us by contacting Customer Service by telephone or by email.
We will inquire with the transport operator in question to determine the location of the package. If the merchandise is located, it will be redirected to your address as soon as possible.
Otherwise, after having received confirmation of loss from the transport operator, we will resent the product(s) to you. Should the product(s) be permanently unavailable, we will refund the amounts collected in accordance with these general terms and conditions of sale.
INSPECTION OF MERCHANDISE
We encourage you (or the person receiving on your behalf) to inspect the condition of the products upon delivery. In the event of a discrepancy (damage, missing product according to delivery slip, damaged package, broken products, etc.), please notify our Customer Service department by telephone or email as soon as possible.
At the slightest problem during delivery, it is very important that you keep the items in the condition in which they were delivered (including accessories, slips, packaging and overwrapping). You must refuse delivery, NOT sign the delivery slip, and contact our Customer Service department by telephone immediately.
In any event, these precautions will not impede you from receiving the legal warranty and exercising your right of cancellation.
UPON NOTICING A DELIVERY ERROR
Recipient error. Should you receive a delivery that is not intended for you, please keep the package in its current condition and notify our Customer Service department immediately.
Products delivered do not comply with order. In the event of a non-compliant product, you can contact our Customer Service department to place a complaint.
COMPLETE RETURN OF ORDER
When returning an order, we recommend that you overwrap the original packages of the products, as we are only able to accept products returned in their entirety, fully in tact and in good condition, otherwise no refund will be given.
Your return must include a copy of the invoice. The refund or exchange will only proceed if the product is undamaged and returned in full.
RETURN RISKS: PRECAUTIONS TO BE TAKEN
When returning the product, you must declare the value of the product, based on the purchase invoice, and ensure that return risks are kept to a minimum.
IN THE EVENT OF ERROR OR NON-COMPLIANCE
Upon receiving a reasoned request, we will assign a return number to the product(s) in question. In the event of a delivery error or non-compliance, Martins Industries will see to collecting the merchandise and will pay the transportation charges. Please contact Customer Service by telephone.
DURATION OF RIGHT OF CANCELLATION
We allow you a cancellation period of 30 days should you wish to return your product, at your own expense and a 40% inspection / restocking / refurbishing / repacking charge will apply. This period begins the day following reception of your product. Once this period has expired, you are no longer entitled to this right of cancellation.
EXERCISING RIGHT OF CANCELLATION
In order to ensure proper management of returns, please notify Customer Service by telephone in advance.
Should you choose to exercise your right of cancellation, you may request a refund of the amounts paid or an exchange in an amount equal to amounts paid, or, with a difference to be paid, in accordance with the applicable legal provisions.
This right of cancellation will be exercised without any penalty. However, fees for a perfect return will remain at your expense. You must ensure that the cancelled order is returned in full, according to the abovementioned conditions.
USA SHIPPING RATE COVERAGE
Flat rate & free shipping are for lower 48 states. Excluding NYC.
LIMITED PRODUCT WARRANTY
Martins Industries warrants to the original purchaser that your Martins products are free from defect in material and workmanship under a period of 6 months to 2 years depending on the product. The warranty coverage starts from the billing date but is null and void if the product has been damaged through misuse, by an improper assembly, by a poor maintenance, any accidental damages, any modifications or non-authorized repairs.
Reminder of the return process. For all guarantees, whether legal or contractual, the return is carried out according to the terms described below, excluding non-compliant products or covered returns, the fees and risks related to returning defective products are your responsibility.
PRICE CALCULATION: WHICH TAXES APPLY?
Martins Industries charges taxes according to the laws of each country, state/province, county and city as prescribed. If we do not charge taxes, you must ensure to pay them to the local authorities in your region.
Orders will be invoiced with all taxes included. You will only be entitled to a refund of the VAT corresponding to the product(s) ordered if you fulfil the conditions required for a VAT refund. We reserve the right to refuse any tax refund that does not comply with the conditions specified in the present general terms and conditions of sale, or those required by the customs authority. All requests related to tax refunds and/or VAT must be made after the product(s) in question has/have been invoiced.
DISCLAIMER OF LIABILITY: IN CASE OF FORCE MAJEURE
Force majeure or circumstances beyond control releasing liability will be regarded as that which are unavoidable, unforeseeable, and beyond the control of the Parties. In such circumstances, communication should be favoured to examine the circumstances of the event and to agree on the conditions under which the contract will be carried out.
INTERNATIONAL SALE: APPLICATION OF CANADIAN LAW
Any dispute that this order could result in, regarding, for example, its completion, interpretation, validity or cancellation, will be governed by the law of the district of Cowansville, in the province of Quebec, Canada (both for the rules of substance and the rules of form), excluding the provisions of the Vienna Convention dated April 11, 1980, concerning the international sale of goods.
SCOPE OF THESE TERMS AND CONDITIONS: INVALIDATION OF A CLAUSE DOES NOT AFFECT THE OTHERS
Should one or more of the stipulations in these general terms and conditions be found invalid or are held to be such through a law or regulation, or following a final decision of a competent court, the other stipulations shall remain in force to their full extent.