1 – Scope of Application
1.1 In accordance with Article L.441-1, III of the French Commercial Code, these general terms and conditions of sale (hereinafter referred to as the ” GTC “) constitute the sole basis of the commercial relationship between the parties, and apply to all sales made solely on the DALLOZ INDUSTRIE LAPIDAIRE (hereinafter referred to as ” DIL “) website: https://dalloz-stones.com/ (hereinafter the ” Site “).
1.2 Their purpose is to define the conditions under which DIL supplies its professional buyers (hereinafter the ” Customer “) with synthetic stones, imitation stones and natural stones of the Dalloz stones & rough brand (hereinafter the ” Products “) installed in mainland France via the Site.
1.3 Due to the technical nature of DIL Products, the sale of said Products is expressly reserved for professionals. Consequently, these GTC are not applicable to consumers.
1.4 The General Terms and Conditions of Sale are made available to the Customer on the Site, where they may be consulted directly and freely, and may be printed and/or saved. They may also be communicated to the Customer on written request.
1.5 In the event of any conflict between these General Terms and Conditions of Sale and the Client’s general terms and conditions of purchase, the parties agree that these General Terms and Conditions of Sale shall prevail in their entirety.
1.6 All Products are listed on the Website. The Website is accessible to the Client 24 hours a day, 7 days a week, all year round, except during maintenance operations.
1.7 DIL reserves the right to modify its General Terms and Conditions of Sale at any time. Any changes will take effect upon publication of the new Terms and Conditions on the Website.
2 – Orders
2.1. Orders for Products (hereinafter referred to as ” Orders “) will only be formalized on the Website.
2.2 The Client places their Order in accordance with the instructions provided on the Website.
2.3 The applicable GCS are those in force on the Site at the date of validation of the Order by the Customer.
2.4 Before placing an Order, the Customer must log in to his/her customer account (hereinafter referred to as the ” Account “). When placing a first Order on the Site, the Customer must create a Customer Account by filling in the required information. In particular, the Customer will be asked to enter his/her SIRET, SIREN and VAT numbers, and guarantees the sincerity of the information provided. The Customer must then create a password, the security and confidentiality of which he/she will be responsible for.
2.5 The Customer acknowledges that he/she has read the General Terms and Conditions and expressly declares that he/she accepts them. This acceptance will be given to each Order as soon as the Customer has ticked the box provided for this purpose ” By validating this order, I accept the terms and conditions of sale “. This validation implies the Customer’s unreserved acceptance of the entirety of the GCS. In the absence of proof to the contrary, the data recorded in DIL’s computer system constitutes proof of all transactions concluded with the Customer. It is therefore the Customer’s responsibility to check the accuracy of the Order and to report any errors immediately.
2.6 The essential characteristics of the Products are those shown on the Site. The Customer acknowledges having read, at the time of placing the Order, the technical specifications set out on the Site (name, price, chemical resistance, shock resistance, density, weight, chemical composition, nature, material, quantity, color (non-contractual), special features of the Product, and limitations of certain categories of Products, etc.) and expressly declares having accepted them without reservation.
2.7 The minimum value of each Order is set at seventy-five (75) euros exclusive of tax, due to the fixed costs associated with the administrative and computer processing of Orders.
2.8 DIL will confirm the acceptance of the Customer’s Order by e-mail once the Customer’s Order has been validated on the Site. The Order then becomes binding on the Customer. The contract between the parties is then formed, and includes these GTS, the Order and the technical specifications of the Products ordered, which are indicated on the Site on the date of the Order (hereinafter the ” Contract “).
2.9 The confirmation e-mail includes all the information provided by the Customer, in particular the references of the Products ordered, the price including VAT, the payment and delivery terms, and the invoice. DIL reserves the right not to confirm the Order and will inform the Customer by e-mail if this is the case. Failure by DIL to confirm an Order shall not be construed as confirmation and acceptance of the Order.
2.10 The Customer may not cancel (cancel) or modify its Order without DIL’s prior written consent. Any modification of the initial Order by the Customer without DIL’s agreement shall be considered as a unilateral modification of the offer and the modified Order shall not be honoured if DIL does not wish to do so.
2.11 Only Products available on the Site on the date of the Order may be sold. Any customization of Products is excluded from online sales, and must be specifically requested from DIL’s dedicated service at the following e-mail address: adv@dalloz-stones.com. The present GCS will not be applicable.
3 – Prices
3.1 The prices of Products displayed on the Site are inclusive of packaging, in Euros exclusive of VAT, delivery and insurance costs not included, as indicated in the price list appearing on the Site at the time of Product selection and before final validation of the Order. The prices of Products are established by DIL on the basis of the laws, regulations, customs, taxes and duties in force at the date of conclusion of the sale in France.
3.2 The prices of the Products applicable to the Order are those in force on the day the Order is placed by the Customer. DIL reserves the right to modify its prices at any time, in particular as a result of changes in the price of raw materials or the structure of DIL suppliers’ price lists, subject to Orders in progress.
4 – Delivery – Transport – Acceptance
4.1 When placing an Order, the Customer must select the delivery method of his/her choice from the available delivery methods:
– Delivery to the address indicated by the Customer with delivery of the Products without signature;
– Delivery to the address indicated by the Customer with delivery of the Products against signature;
– Delivery to a relay point chosen by the Customer when validating the Order.
4.2 The price of Delivery will be paid by the Customer, and will be indicated when the delivery option is chosen.
4.3 Delivery is deemed to have taken place when the Products are made available at the place of delivery indicated by the Customer. Products sold by DIL travel at DIL’s risk, from the time they leave DIL’s warehouses to the place of delivery agreed between the parties (including in the case of delivery to a relay point).
4.4 The Customer undertakes to take charge of the Products on arrival at the delivery address, by himself or by any person of his choice able to provide proof of the Customer’s identity. The Customer, or any authorized person, must sign the delivery slip, on which any necessary remarks will be noted. Signature of the delivery slip and indication of the number of packages received constitute acknowledgement of delivery.
4.5 Without prejudice to the arrangements to be made by DIL with the carrier, any complaint by the Customer concerning apparent defects and/or the non-conformity of the Products in relation to the Order may only be examined if it is made in writing, by registered letter with acknowledgement of receipt to the registered office address or by e-mail to the following address: adv@dalloz-stones.com within three (3) calendar days of receipt of the Product. Once this period has elapsed, the Products delivered shall be deemed to comply with the terms of the Order, and no claim relating to apparent defects or the conformity of the Products delivered shall be taken into account by DIL. It is the Customer’s responsibility to provide proof of any defects or non-conformity.
4.6 If the delivery of the Products to the Customer is not possible due to the Customer’s fault, the Customer must contact the carrier, using the delivery notice left at the place of delivery, to agree with the carrier how to collect the Products. Any costs incurred for a new visit to the place of delivery will be entirely at the Customer’s expense.
4.7 A delivery note, listing the characteristics of the Order and delivery information, will be included in the parcel.
5 – Delivery times
5.1 Delivery times are given as an indication only. They depend in particular on the order of arrival of Orders, supply possibilities and the availability of carriers.
5.2 Delays shall not justify, against DIL, any penalty or indemnity (in particular administrative costs) or cancellation of the Order by the Customer, unless otherwise agreed between the parties.
6 – Product returns
6.1 DIL will not accept any return of Products other than in the event that the Product is deemed by DIL to be non-conforming or to have an apparent defect and reported as such by the Customer in accordance with Article 4.5, or other than under the warranty for latent defects.
6.2 Products ordered may only be taken back in their entirety. In all cases, no partial return of said Products will be accepted.
6.3 DIL is responsible for return shipping costs.
7 – Payment
7.1 Payment of the total price (including the price of the Products, taxes, shipping) by the Customer is made in cash at the time of validation of the Order by credit card via Stripe (China UnionPay (CUP), Discover and Diners Club, eftpos Australia, Japan Credit Bureau (JCB), Visa, MasterCard, American express). Stripe’s Privacy Policy is then applicable. No Order will be validated without full payment.
7.2 In the event of Products being sold out or unavailable, the Customer will be contacted by e-mail or telephone, at the addresses and numbers previously indicated at the time of the Order.
7.3 Payment of the prize must be net without any set-off or discount whatsoever and DIL will not be responsible for any bank charges other than those charged by its own bank.
7.4 As an exception to 7.3, the Customer may benefit from a discount on the total price of the Order if they have a discount coupon made available by DIL. The discount will be applied automatically when the Customer validates the Order.
7.5 An invoice will be issued automatically once the Order is firm.
8 – Reservation of ownership
8.1 DIL reserves full ownership of the Products until the Customer has received payment of the full price in principal and accessory items. Any clause to the contrary, in particular in the Customer’s terms and conditions of purchase, shall be deemed unwritten.
8.2 No order will be dispatched without prior receipt of payment.
9 – Intellectual property
The various sales of Products do not entail any transfer of intellectual and/or industrial property rights to the benefit of the Customer with respect to the Products, the photographs on the Site, the characteristics of the Site, the logos and the DIL trademark, or any other element subject to intellectual property rights and belonging to DIL.
10 – Force majeure
10.1 In the event of force majeure, DIL’s obligations in connection with the performance of the Contract shall be suspended until such force majeure ceases. DIL may not be held liable for failure to fulfil its obligations if such failure is due to an event of force majeure, as defined in article 10.2 below.
10.2 For the purposes of these GCS, force majeure shall mean (i) any event as defined by law (article 1218 of the French Civil Code) and/or case law, and (ii) any of the following events, even if they do not qualify as force majeure under the legal definition: total or partial strikes preventing DIL or any of its suppliers, subcontractors or carriers from operating properly, as well as interruptions in transport, energy supplies, raw materials or spare parts.
10.3 In the event of late delivery due to force majeure, DIL cannot be held responsible and no damages can be claimed by the Customer.
11 – Liability – Warranty
11.1 DIL undertakes to deliver Products that comply with the technical specifications defined in the Contract and with the laws and regulations in force in France.
11.2 DIL undertakes to replace or reimburse non-conforming Products as soon as possible following the discovery of a defect that is strictly attributable to DIL, under the conditions set out in article 4.5 of these GCS or in the event of latent defects, to the exclusion of any other form of compensation.
11.3 No legal or contractual warranty shall apply if the Products have been used in an abnormal manner, or have been poorly maintained or stored. Also excluded from the warranty are i) deterioration and defects caused by natural wear and tear or by use not in conformity with the intended purpose, as well as ii) any deterioration of the Products due to their unsuitability for their environment.
11.4 DIL declares that it has taken out a professional liability insurance policy to cover the risks associated with its activity and that it will maintain such insurance throughout the term of the Contract.
11.5 DIL shall in no event be liable for any indirect and/or consequential damages whatsoever resulting from the use of the Products, including but not limited to labor costs, loss of profits, loss of orders, loss of goodwill, loss of image, or any claim by a third party.
11.6 In any event, DIL’s liability is limited (i) to direct damage caused to the Customer and attributable exclusively to a breach of contract by DIL in relation to the Products, and (ii) to 100% of the amount (excluding VAT) actually paid by the Customer for the purchase of the Products concerned.
11.7 Unless expressly agreed otherwise, the Customer remains solely responsible for the use of Products supplied by DIL and their suitability for the intended purpose. As a professional, the Customer undertakes to take out adequate insurance cover for its activity.
11.8 Any information provided by DIL, in compliance with the obligation of advice and information owed by any seller, can never make it co-designer or co-constructor of the finished assembly in which the Products are used.
11.9 DIL is only bound by an obligation of means with regard to the operation and continuity of the Site. The Customer is solely responsible for its use of the service and shall not hold DIL liable for any claims and/or proceedings brought against it. The Customer undertakes to deal personally with any claims and/or proceedings brought against DIL in connection with its use of the service. DIL reserves the right to make any and all modifications and improvements to its Site that it deems necessary or useful, and shall not be liable for any damages of any kind that may arise as a result. In addition, DIL reserves the right, without notice or compensation, to temporarily or permanently discontinue any or all of the services offered on its Site. DIL shall not be liable for any damages of any kind that may arise as a result.
11.10 The Site may contain hypertext links to other websites. DIL makes no commitment concerning any other Internet site to which the Customer may have access via its Site and is in no way responsible for the content, operation and access to these sites.
11.11 Any action by the Customer intended to prevent or restrict another customer from using the Site is prohibited. DIL reminds the Customer that the Site may only be used for lawful purposes. DIL reserves the right not to honor Orders that contravene public order or morality.
12- Finance leases
The Customer may choose to finance the Products through a financing solution offered by a credit institution or finance company. DIL cannot be held liable in any way for the relationship between the Customer and the credit institution or finance company.
13- Code of conduct and compliance with legislation
13.1 DIL undertakes to implement practices that comply with local and international regulations concerning human rights, child labor and the fight against corruption.
13.2 The Customer undertakes to comply with all legal and regulatory obligations relating to the use of the Products.
14 – Applicable law and jurisdiction
14.1 These GCS are governed by French law, it being specified that the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
14.2 For any dispute relating to the interpretation, validity, performance or termination of the GTCS, and in the absence of amicable agreement, the Commercial Court of Lyon shall have sole jurisdiction, even in the event of a warranty claim or multiple defendants.
15 – Severability clause
15.1 In the event that any provision hereof is invalidated by any competent authority, such provision shall simply be deemed to be unwritten, all other provisions retaining their force between the parties.
15.2 DIL and its Customer shall negotiate in good faith with a view to drafting a new clause to replace the cancelled clause.
16- Customer relations
Any questions, training or complaints should be addressed in writing to DIL :
- By e-mail: adv@dalloz-stones.com
- By post to the DIL head office address.
17 – Personal data
In its constant concern to respect privacy, DIL invites all customers to consult its Privacy Policy. This page, which can be accessed online or by clicking on the “here” link, provides detailed information on the processing of the customer’s personal data during a purchase on the Site. It also details the measures taken by DIL to ensure compliance with regulations on the protection of personal data. For any questions or information relating to data protection, the Customer may also send a message to DIL’s Data Protection Officer (DPO) at the following address: dpo@dalloz.services.