GENERAL TERMS AND CONDITIONS OF SALE - DIFFUSTONE
Preamble
These general terms and conditions of sale (GTCS) apply to all transactions carried out by our company, in particular on the website www.diffustone.com, and orders placed directly with the sales department.
They govern the sale of luminescent natural stone tiles, magnetic tiles, shelves, bottle holders and lighting accessories, whether standard or made to measure.
Any order validated on the website or any quotation accepted implies the customer's full acceptance of these GTC, without restriction or reservation.
These conditions take precedence over any other customer document, unless otherwise agreed in writing.
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Article 1 - Definitions
Supplier the company S.A.R.L DISPLAY LIGHT, which manufactures and/or markets its DiffuStone brand products.
Customer customer: any natural or legal person placing an order, whether an individual (BtoC) or a professional (BtoB).
Products luminescent tiles, magnetic tiles, lighting accessories, shelves, bottle holders and related items marketed by the supplier.
Ordering any purchase of products made by the customer, either online or by quotation, involving one or more deliveries.
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Article 2 - Offers, prices and orders
Offers and validity
Only an offer written by the supplier or proposed on the website is valid and binding on the supplier for a period of one (1) month (in the case of a quotation), unless otherwise specified in the offer.
Prices
The prices shown on the site include :
-VAT INCLUDED (including all taxes) for individual customers (consumers),
-HT (excluding tax) for professional customers (resellers, distributors, installers).
The VAT applicable is that in force on the day of the order.
Delivery costs are specified before the order is validated and vary according to weight, destination and chosen mode of transport.
Ordering
All orders placed on the website are deemed final after acceptance by confirmation from the supplier within 48 hours.
Orders placed by validating a quotation are deemed final in the absence of an explicit refusal by the supplier within forty-eight (48) working hours of receipt.
Orders can be placed :
Directly on the supplier's website,
Or by written quotation, validated and accepted by the customer.
Any validated order implies full acceptance of these general terms and conditions of sale.
The applicable price is that in force at the time the order is placed.
For made-to-measure products, the order must specify the technical characteristics required (dimensions, finishes, type of lighting, type of stone, accessories, etc.).
These characteristics may be provided in advance by the customer, by any written means (quotation, project sheet, plans, diagrams, technical files, etc.).
They may also come from simulators or configurator tools available online on the supplier's website.
In this case, the supplier reserves the right to request additional information or validation before the production launch, in order to ensure the technical conformity of the product ordered.
Production does not begin until all the necessary elements have been received and the project has been definitively approved by the customer.
All made-to-measure orders cannot be cancelled, modified or reimbursed once they have gone into production.
Our prices are quoted carriage paid unless expressly agreed otherwise in advance with the customer.
Any taxes, duties or other charges payable in application of French regulations or those of an importing or transit country shall be borne by the purchaser.
For prices specified by quantity, any order for a smaller quantity will result in a change to the price indicated.
Unless otherwise agreed, late delivery does not entail cancellation or modification of the contract. It shall not give rise to damages. Penalty clauses appearing on our customers' commercial papers cannot be invoked against us.
The lead times given in an order are only accepted by our company and are only binding under the following conditions: compliance by the customer with the terms of payment and payment on account, timely supply of the technical specifications, no delays in studies or preparatory work, no cases of force majeure or social, political, economic or technical events hindering the operation of our factories or their supply of components, energy or raw materials.
Unless otherwise agreed, packaging is determined and prepared by our company. They are invoiced in addition to the prices indicated and are not taken back.
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Article 3 - Cancellation, withdrawal, refund and exchange
1. Professional orders (BtoB)
Professional orders do not benefit from the right of withdrawal.
Orders sent to our company are irrevocable for the customer, unless accepted in writing by us.
Any cancellation, modification or postponement not attributable to the supplier will result in compensation for the costs incurred (studies, materials, production, labour, etc.).
The supplier reserves the right to terminate the order automatically in the event of non-payment or insolvency proceedings against the customer.
Any request to modify the composition or volume of an order placed by a customer may only be taken into account by our company if the request is made in writing, including by fax or e-mail, and is received by our company no later than 8 days after receipt by our company of the initial order.
If the customer modifies the order, our company will be released from the deadlines agreed for its execution.
2. Orders from private customers (BtoC)
In accordance with article L221-18 of the French Consumer Code, individual customers have a period of 14 days from receipt to exercise their right of withdrawal, without reason or penalty (excluding return costs), for direct purchases on our website.
This right does not apply to custom-made products, personalised products or products made to the customer's specifications (article L221-28 of the French Consumer Code).
Requests for withdrawal should be sent to info@diffustone.com.
Reimbursement will be made within a maximum of 14 days from receipt of the product returned in conformity.
Any request to modify the composition or volume of an order placed by a customer may only be taken into account by our company if the request is made in writing, including by fax or e-mail, and is received by our company no later than 8 days after receipt by our company of the initial order.
If the customer modifies the order, our company will be released from the deadlines agreed for its execution.
3. Return and refund conditions
The returned product must be complete, unused, in its original packaging and accompanied by the invoice or order form.
All returns require the prior agreement of Customer Services and a returns number sent by email.
Return address :
Display Light - Returns service
597 avenue d'Italie
82000 Montauban - France
info@diffustone.com
The products must be returned at the customer's expense and risk, in a tracked parcel (Colissimo, Chronopost or equivalent), with the carrier chosen by our company.
Packages that are poorly packaged, untracked or damaged will not be accepted.
In the event of error or non-conformity attributable to DiffuStone, the return costs will be covered by a prepaid return label.
The refund will be made within 14 days of receipt and inspection of the returned products, by the same means of payment as that used for the order, unless otherwise agreed.
Only the price of the product and standard delivery costs will be refunded.
4. Exchange and compliance
For non-personalised products, an exchange may be requested within 14 days of receipt, subject to availability.
Return and reshipment costs are at the customer's expense.
Natural stone products :
DiffuStone products are made from real natural stone, whose nuances, veins, textures and shades vary naturally from one model to another.
These differences are part of the uniqueness of each tile and product and constitute an aesthetic value, not a defect.
The customer acknowledges having been informed of these possible variations and may under no circumstances invoke them to request an exchange, refund or discount.
The samples, photos and visuals presented on the site or in commercial documents are non-contractual and are intended to illustrate the general appearance of the material.
In the event of a product that does not conform (incorrect delivery, damage or proven technical defect, reference error), the customer must inform DiffuStone within 7 working days, with supporting photos, at info@diffustone.com.
DiffuStone will then offer a replacement, a credit note or a refund after verification in accordance with the conditions described in article 3.3 above.
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Article 4 - Studies, projects and documents
The studies, prototypes, samples or models produced by the supplier remain its exclusive property.
They may not be reproduced or communicated without written authorisation.
Any study not followed by an order may be invoiced.
The supplier is not liable for any defects arising from documents or files sent by the customer.
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Article 5 - Guarantee and liability
Products are guaranteed against manufacturing defects for one (1) year from the date of delivery.
This warranty is strictly limited to the replacement or repair of the defective product, excluding dismantling, transport or reinstallation costs.
The guarantee does not cover :
consumables (LEDs, transformers, power supplies),
defects resulting from incorrect installation, use or storage,
damage caused by damp, corrosion, impact or unauthorised modifications.
Natural variations in the colour, grain or texture of the stone do not constitute a defect.
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Article 6 - Availability and delivery
Locations served
Delivery is possible in France, Europe and internationally, according to the conditions indicated when the order was placed.
Availability
If a product is unavailable, the customer will be informed by email or telephone and will have 48 working hours to confirm, modify or cancel the order.
Delivery
DiffuStone chooses the right carrier and guarantees secure packaging.
Risk passes to the customer on delivery.
The customer must check the condition of the parcel on receipt and report any damage within 24 hours to info@diffustone.com.
Delivery times are indicative; a delay cannot justify cancellation or compensation. Delivery times depend in particular on the availability of carriers and the order in which orders arrive. Our company endeavours to comply with the delivery times it indicates on acceptance of the order, in accordance with the logistical lead times used in the industry, and to fulfil orders, except in the event of force majeure or circumstances beyond its control, such as strikes, frost, fire, storms, floods, epidemics and supply difficulties, without this list being exhaustive.
Delays in delivery may not give rise to any penalty or compensation, nor be grounds for cancellation of the order.
Any delay in relation to the indicative delivery times initially planned shall not justify cancellation of the order placed by the customer and recorded by our company.
In all cases, products travel at the recipient's risk.
In the event of damage to the goods delivered or shortages, it is the customer's responsibility to make all necessary reservations with the carrier.
Any product that has not been the subject of reservations by registered letter with acknowledgement of receipt within 3 days of receipt from the carrier, in accordance with Article L 133-3 of the French Commercial Code, and a copy of which will be sent simultaneously to our company, will be deemed to have been accepted by the customer.
Without prejudice to the measures to be taken by the customer with regard to the carrier as described in the previous paragraph, in the event of apparent defects or shortages, any complaint whatsoever concerning the products delivered will only be accepted by our company if it is made in writing by registered letter with acknowledgement of receipt within 7 days of the arrival of the products.
It is the purchaser's responsibility to provide full proof of any defects or shortages.
No goods may be returned by the customer without the express prior written agreement of our company.
Our company will only be liable for the cost of returning the goods if an apparent defect, or missing items, is actually found by our company or its authorised representative.
Only the carrier chosen by our company is authorised to return the products concerned.
If, after inspection, an apparent defect or shortage is found by our company or its representative, the customer may only request our company to replace the non-conforming items and/or to make up for the shortages at our company's expense, without the customer being entitled to claim any compensation or to cancel the order.
Unconditional acceptance of the products ordered by the customer covers any apparent defect and/or shortage.
Any reservations must be confirmed by registered letter with acknowledgement of receipt within 7 days.
A complaint made by the purchaser under the terms and conditions described in this article does not suspend payment by the customer for the goods concerned.
Under no circumstances can our company be held liable for destruction, damage, loss or theft during transport, even if it has chosen the carrier.
In the event of non-payment in full of an invoice that has fallen due, after formal notice has remained without effect for 48 hours, our company reserves the right to suspend all current and/or future deliveries.
All orders that we agree to execute are done so on the basis that the customer presents sufficient financial guarantees and will effectively pay the sums due when they fall due, in accordance with the law.
Also, if our company has serious or specific reasons to fear payment difficulties on the part of the customer on the date of the order, or subsequent thereto, or if the customer does not present the same guarantees as on the date of acceptance of the order, our company may make acceptance of the order or its continued performance subject to cash payment or the provision by the customer of guarantees in favour of our company.
Our company shall also have the right, prior to the acceptance of any order, as well as during its execution, to require the customer to provide its accounting documents, and in particular profit and loss accounts, including forecasts, enabling it to assess the customer's solvency.
In the event that the customer refuses to pay in cash, without any sufficient guarantee being offered by the latter, our company may refuse to honour the order placed and to deliver the goods concerned, without the customer being able to argue an unjustified refusal to sell or to claim any compensation whatsoever.
If a customer places an order with our company without having paid for the order or previous orders, our company may refuse to honour the order and deliver the goods concerned without the customer being able to claim any compensation for any reason whatsoever.
The products remain the property of our company until full payment has been received.
International delivery
The products comply with European standards.
It is the customer's responsibility to check local compliance (taxes, imports, standards).
Shipping costs
Delivery costs are indicated before the order is confirmed.
They may be reduced or offered during promotional campaigns.
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Article 7 - Terms of payment
Individuals (BtoC) : payment in full when the order is placed.
Professionals (BtoB) 50% down payment on order, balance before dispatch, unless special payment terms have been negotiated with the supplier.
Payment can be made by credit card, bank transfer or any other secure method.
Any delay in payment will incur penalties at the statutory rate plus 1.5 times and a fixed penalty of €40 (article L441-10 of the French Commercial Code).
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Article 8 - Retention of title
The transfer of ownership of our products is suspended until the customer has actually paid the full price of the products, in principal and accessories.
Any clause to the contrary, in particular included in the general terms and conditions of purchase, shall be deemed unwritten in accordance with Article L 621-122 of the French Commercial Code.
The delivery of a document creating an obligation to pay (bills of exchange or other documents) does not constitute payment within the meaning of this clause.
In the event of payment by instalments, failure to pay any one of the instalments may result in the goods being reclaimed.
The above provisions do not preclude the transfer to the buyer of the risks of loss or deterioration of the goods, or of any damage they may cause, from the date of delivery.
In the course of his business, the purchaser is authorised to resell the goods delivered, but may under no circumstances pledge them or transfer ownership of them by way of security.
In the event of resale, the purchaser expressly undertakes to immediately pay the balance of the sale price still due to us.
In the course of his business, the purchaser is also authorised to process the goods delivered. In the event of processing, the buyer undertakes to pay us the outstanding part of the price immediately.
In the event that the purchaser is the subject of insolvency proceedings, the parties shall be bound respectively by the terms of Articles 121 and 122 of Law No. 85.98 of 25 January 1985. The present clause does not prevent the risks of the goods from being transferred to the buyer as soon as they are delivered to him.
From the time of delivery, the buyer is deemed to be the custodian and guardian of the said goods.
In the event of non-payment, and unless we prefer to request full performance of the sale, we reserve the right to cancel the sale after formal notice and to reclaim the goods delivered, the return costs being borne by the buyer and any payments made being retained by us as a penalty clause.
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Article 9 - Intellectual property
Models, designs, lighting concepts and photographs remain the exclusive property of DiffuStone.
Reproduction or use without written permission is prohibited.
Unless otherwise stated in writing, DiffuStone reserves the right to use the products for promotional purposes.
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Article 10 - Force majeure
In the event of force majeure (strike, breakdown, bad weather, shortage of supplies, etc.), the supplier may suspend or cancel the order without compensation.
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Article 11 - Applicable law and jurisdiction
These GCS are governed by French law.
In the event of a dispute, the competent court will be that of the supplier's registered office, unless otherwise provided by law applicable to consumers.