ARTICLE 1 - SCOPE OF APPLICATION

These General Terms and Conditions of Sale ("GTCS") apply, without restriction or reservation, to all sales concluded by the Vendor with non-professional purchasers ("the Customer") wishing to acquire the products offered for sale ("the Products") by the Vendor on the www.stone-evolution.com website. With regard to professionals: a professional is any natural or legal person, public or private, acting for purposes within the scope of his or her commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name of or on behalf of another professional. In the case of a professional, consumer law does not apply.

The Products offered for sale on the site are as follows:

Natural stone wall panels on XXL composite materials

The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the www.stone-evolution.com website, which the customer is obliged to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to availability, as specified when the order is placed.

These terms and conditions are available at any time on the www.stone-evolution.com website and shall prevail over any other document.

The customer declares that he/she has read and accepted these terms and conditions of sale by ticking the appropriate box before placing an order online at www.stone-evolution.com.

In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:

Stone evolution, SAS
Share capital of 206,770 euros
Registered with the Evry Trade and Companies Registry under number 800 814 584
4 avenue Blaise Pascal
Email: support@stone-evolution.com
Telephone: 0750653470

The Products presented on the www.stone-evolution.com website are offered for sale in the following territories: France.

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They are the sole responsibility of the customer.

ARTICLE 2 - PRICES

The Products are supplied at the current prices shown on the www.stone-evolution.com website, at the time the order is registered by the Vendor.

Prices are given in Euros, excluding VAT and including VAT.

Prices take into account any discounts granted by the Seller on the www.stone-evolution.com website.

These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify them at any time outside their period of validity.

Prices do not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.

An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered via e-mail at the same time.

ARTICLE 3 - ORDERS

It is the Customer's responsibility to select the Products they wish to order on the www.stone-evolution.com website, according to the following procedures:

- Site access
- Access to the store identified on the site
- Access to the product category
- Access to the product reference
- Selection of the quantity
- Creation of an account
- Choice of delivery method
- Provision of delivery details
- Provision of bank details
- Validation of the order button
- Sending of an order acknowledgement
- Debiting of the order amount

Product offers are valid as long as they are visible on the site, within the limit of available stocks.
The sale will only be considered valid after full payment of the price. 

It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.

Any order placed on the www.stone-evolution.com website constitutes the formation of a distance contract between the Customer and the Vendor.

The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.

The customer can follow the progress of his order on the site.

ARTICLE 3 BIS - CUSTOMER AREA - ACCOUNT

In order to place an order, the Customer is invited to create an account (personal space).
To do so, the Customer must register by filling in the form provided at the time of ordering, and undertakes to provide truthful and accurate information concerning his civil status and contact details, in particular his e-mail address.

The Customer is responsible for updating the information provided. He/she is informed that he/she can modify it by logging into his/her account.

To access his personal space and order history, the Customer must identify himself using his user name and password, which are strictly personal and communicated to him after registration.

In this respect, the Customer shall refrain from any disclosure. If they do, they will remain solely responsible for any use made of them.

Customers may also request to be removed from the list by visiting the dedicated page in their personal space or by sending an e-mail to: support@stone-evolution.com. 

This will be effective within a reasonable timeframe.

In the event of non-compliance with the general terms and conditions of sale and/or use, the www.stone-evolution.com website may suspend or even close a customer's account after a formal notice has been sent electronically and has remained without effect.

Any deletion of an account, for whatever reason, will result in the deletion of all the Customer's personal information.

The Vendor shall not be held liable for any event due to force majeure resulting in a malfunction of the site or server, subject to any interruption or modification in the event of maintenance.

The creation of an account implies acceptance of these terms and conditions of sale.

ARTICLE 4 - TERMS OF PAYMENT

The price is paid by secure payment as follows:

- payment by credit card

- or payment by bank transfer to the Vendor's bank account (details of which are given to the Customer when the order is placed).

The price is payable in full by the Customer on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions on the www.stone-evolution.com website.

Payments made by the Customer will not be considered final until the Vendor has actually received the sums due.

The Vendor shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.

ARTICLE 5 - DELIVERIES

Products ordered by the Customer will be delivered to Metropolitan France or to the following zone(s): Europe, Corsica.

Deliveries are made within 4 to 12 weeks of receipt of the order, to the address indicated by the Customer when placing the order on the site.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.

 Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.

The Vendor undertakes to use its best efforts to deliver the products ordered by the Customer within the time limits specified above.

If the Products ordered have not been delivered within 10 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. 

The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, to the exclusion of any compensation or deduction.

In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.

The customer must check the condition of the products delivered.

The customer has 24 hours from delivery to lodge a complaint.

Complaints can only be made by e-mail to support@stone-evolution.com, and must be accompanied by all relevant supporting documents (including photos). 

Once this period has elapsed, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor.

The Vendor will reimburse or replace, as soon as possible and at its own expense, any Products delivered which the Customer has duly proved to be lacking in conformity or to have apparent or hidden defects, in accordance with the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GTC.

The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products.

Products therefore travel at the Seller's risk, except when the Customer has chosen the carrier. 

In this respect, the risks are transferred when the goods are handed over to the carrier.

ARTICLE 6 - TRANSFER OF OWNERSHIP

The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 - RIGHT OF WITHDRAWAL

In accordance with article L221-18 of the French Consumer Code, "
For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good. "
The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the site, or by any other unambiguous statement expressing the wish to withdraw, and in particular by post addressed to the Vendor at the postal or e-mail address indicated in ARTICLE 1 of the GTCS.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be accepted for return.
The cost of return will be borne by the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in this article.

ARTICLE 8 - SELLER'S LIABILITY - WARRANTIES

Products supplied by the Vendor benefit from :

- the legal guarantee of conformity, for defective, damaged products or products that do not correspond to the order,
-the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use,

Legal warranty provisions

Article L217-4 of the French Consumer Code
"The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility."

Article L217-5 of the French Consumer Code
"The goods conform to the contract:
1° If they are fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter. "
Article L217-12 of the French Consumer Code
"The action resulting from a lack of conformity is prescribed by two years from the date of delivery of the goods."
Article 1641 of the French Civil Code.
" The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which reduce this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them. "
Article 1648 paragraph 1 of the French Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect."
Article L217-16 of the French Consumer Code.
" When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty which remained to run. This period runs from the date of the buyer's request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.

In order to assert its rights, the Customer must inform the Vendor, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Vendor will refund, replace or repair Products or parts under warranty deemed to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.
Reimbursements, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible, and at the latest within 30 days of the Vendor's discovery of the non-conformity or hidden defect. Refunds may be made by bank transfer or cheque.

The Vendor cannot be held liable in the following cases:

. non-compliance with the legislation of the country to which the Products are delivered, which it is the Customer's responsibility to check,
. in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
. The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Vendor.
The Vendor's guarantee is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

ARTICLE 9 - PERSONAL DATA

The Customer is informed that the collection of his personal data is necessary for the sale of Products by the Vendor and for their transmission to third parties for the purpose of delivering Products. This personal data is collected solely for the purpose of executing the sales contract.

9.1 Collection of personal data

The personal data collected on the www.stone-evolution.com website is as follows:
Opening an account
When creating a customer/user account:
Names, first names, postal address, telephone number and e-mail address.
Payment
When paying for Products offered on the www.stone-evolution.com website, the website records financial data relating to the customer/user's bank account or credit card.

9.2 Recipients of personal data

Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficient sale and delivery of the Products.
The category(ies) of co-contractor(s) is (are):
. Transport service providers
. Payment service providers

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.

9.4 limitation of processing

Unless the customer expressly agrees, personal data will not be used for advertising or marketing purposes.

9.5 Data retention period

The Vendor will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of the transmission or storage of information over the Internet.

9.7 Implementation of customer and user rights

Pursuant to the regulations applicable to personal data, customers and users of the www.stone-evolution.com website have the following rights:

. They can update or delete their data as follows:
. Send an e-mail to DPO@stone-evolution.com.

. They may delete their account by writing to the e-mail address indicated in article 9.3 "Data controller".

. They may exercise their right of access to their personal data by writing to the address indicated in article 9.3 "Data controller".

. If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "Data controller".

. They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 "Data controller".

. They may also request the portability of data held by the Seller to another service provider.

. Finally, they may object to the processing of their data by the Vendor
. These rights, provided they do not object to the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller, whose contact details are given above.

The data controller must respond within a maximum of one month.

In the event of refusal to grant the Customer's request, reasons must be given.
The Customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box by which he/she agrees to receive informative and advertising e-mails from the Vendor. Customers may withdraw their consent at any time by contacting the Vendor (contact details above) or by following the unsubscribe link.

ARTICLE 10 - INTELLECTUAL PROPERTY

The content of the www.stone-evolution.com website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any reproduction of this content, in whole or in part, is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 11 - APPLICABLE LAW - LANGUAGE

These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 12 - DISPUTES

For all complaints, please contact customer service at the Seller's postal or e-mail address indicated in ARTICLE 1 of these GTCS.
The Customer is hereby informed that, in the event of a dispute, he/she may in any event have recourse to conventional mediation, with the existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example). 

In this case, the appointed mediator is:

SAS MEDIATION
222, chemin de la bergerie 01800 SAINT JEAN DE NIOST
https://sasmediationsolution-conso.fr/
E-mail : contact@sasmediationsolution-conso.fr. 

Customers are also informed that they may also use the Online Dispute Resolution (ODR) platform:https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising out of or in connection with the purchase or sale of goods pursuant to these GTCS, which are not settled amicably by the seller or by mediation, shall be submitted to the competent courts under the conditions of common law.

ARTICLE 13 - ECO-CONTRIBUTION

Since 2022, manufacturers of Construction Products and Materials (CPMs) for the building sector have been required to manage the end-of-life of their waste under the EPR system.
The EPR system for the building sector considers manufacturers to be responsible for the collection, recycling and treatment of their products at the end of their life cycle.
To manage this stage in the product life cycle, Stone-Evolution has joined the eco-organization VALOBAT, which will assume these obligations. By paying a financial contribution (eco-contribution) to this eco-organization, Stone Evolution transfers its obligations to VALOBAT, while at the same time being involved in each of the stages that concern it, from product eco-design to end-of-life treatment, including collection, reuse and recycling.
Players subject to EPR in the building sector are also required to display the Info-tri (TRIMAN marking) to inform consumers, whether private individuals or professionals, of the sorting steps to be taken to dispose of the product.

As part of the eco-contribution, the price of Stone Evolution products includes a tax of €91.21 inc. VAT per tonne according to the product code 070101100, i.e. €3.28 inc. VAT for panels measuring 2500x900x25 mm and €4.37 inc. VAT for panels measuring 2500x1200x25 mm.

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