General terms & conditions

The Site is managed by EYA INTERNATIONAL SARL, a limited liability company
RCS number : Créteil 792869992 00026
VAT Number : FR 44 792869992. : Créteil 792869992

The CUSTOMER can contact the COMPANY : :
By Email : [email protected]
By post : EYA INTERNATIONAL SARL – 4, rue des épinettes – 94410 Saint Maurice – France

1. Scope of Application

All commercial operations carried out by our Company are subject to these general terms & conditions (hereinafter referred to as the “General Conditions”) which govern the contractual relationships between any user of the https://www.stoneleaf.fr website (here – after designated the “Site”) wishing to make a purchase via the Site (hereinafter referred to as the “Customer”) and the company EYA INTERNATIONAL SARL, whose head office is located at 4, rue des épinettes 94410 Saint Maurice and registered with the Trade and Companies Register of Créteil, under number 792869992 (hereinafter referred to as “STONELEAF”).

At any time, STONELEAF may be required to modify some of the provisions of these General Terms & Conditions. Consequently, it is necessary to be aware of the current version on the day of the order on the Site.. These modifications are effective from the moment they are posted online and will be applied to orders placed after they are posted on the Site.

Any purchase on the Site is subject to all the clauses of the General Conditions The Customer can only validate his/her order after having duly taken note of the General Conditions. By validating the General Conditions, the Customer declares to have the legal capacity allowing the conclusion of a contract within the meaning of articles 1123 and following of the French Civil Code.

For the understanding of the General Conditions, the following terms should be defined :

Territory : refers to France (including DOM / TOM) and Europe (Germany, Austria, Belgium, Spain, Great Britain, Ireland, Italy, Luxembourg, Netherlands, Poland, Portugal, Switzerland).
Users or Internet users : refers to any person located in the Territory who logs on to the Site.

2. Products

The products sold by STONELEAF on the Site (hereinafter the “Products”) are described on the Site. They will be the subject of an individual product sheet which will present at least the essential characteristics of the product based on information provided by partners, suppliers, or manufacturers. The characteristics will have an indicative value. The products will also be the subject of a photo presentation, without contractual value. Due to the fact that the Products are made of natural stone, the various plates may exhibit variations in texture and color. The samples received have no contractual value, due to the nature of the product which may present variations in colors and textures. STONELEAF may also offer “Promotions”: the products which are the subject of them (on the price or on any other characteristic such as for example delivery, quantity, etc.) will be sold during the lapse of a period and/or a limited quantity.

3. Ordering Process

To place an order on the Site for the purchase of a Product, the CUSTOMER must :
– have a User Account open in accordance with the article on data confidentiality
– hold a valid bank card

Orders are placed exclusively on the Internet according to the following steps :

the Customer fills his checkout cart with Products,
the Customer creates an account logs in if already a member of the STONELEAF community,
the Customer provides information concerning preferred delivery details,
the Customer is informed about the delivery method and the cost of delivery,
the Customer chooses a method of payment,
the Customer accepts the General Conditions and confirms the order,
the Customer is redirected to a partner page, Ingenico, and makes a payment request,
finally, the Customer receives an e-mail confirming the order.

The Customer is required to check the completeness and accuracy of the information provided to STONELEAF when ordering, and in particular the delivery address. The order confirmation email signifies STONELEAF’s acceptance of the Customer’s order and thus creates a sales contract between the parties in accordance with the provisions of the General Conditions. The information provided by the Customer as well as the General Conditions serve as the agreed-upon contract between the Customer and STONELEAF and will be presented in the order confirmation email. The Customer is responsible for keeping this confirmation e-mail representing the Customer’s copy of the sales contract. . STONELEAF cannot be held responsible should this email be deleted by an “anti-SPAM” device. The Customer will be able to access the content of his/her order at any time by logging into the Site and selecting the “My Account” tab. The General Conditions can be viewed from any page of the Site.

4. Availability

As part of a traditional sale of a Product from the collection, the Internet user can order any product appearing in the permanent catalog. Only the confirmation sent by STONELEAF when placing the order can guarantee the availability of the product. In case of unavailability of the Product within the deadlines announced at the time of the order, the Customer will be informed by e-mail or by telephone of the delivery of a partial order or of the cancellation of the order.

5. Price

The sales prices of the Products offered on the Site during a Sales Session are indicated in Euros and increased by the VAT rate applicable on the day of the order.

Price to pay : The price to pay is the price indicated on the Site in the Product sheet, increased by ancillary costs (in particular delivery costs and service options) communicated during the order. It can be reduced by a discount (eg. promotional codes or vouchers). The price will not be final until the order is confirmed. All prices are displayed on our Site in euros and include all taxes (“TTC”).

Promotional codes or vouchers: the CUSTOMER may benefit from promotional codes or personal and non-transferable vouchers that can be used when confirming an order by entering the reference code in the purchase form. . It is specified that promotional codes or vouchers are only valid for the period indicated by the COMPANY to the CUSTOMER.

Shipping costs: Shipping costs are due for each order placed. The exact amount of shipping costs depends on the delivery method chosen, the place of delivery of the order, and its content. The delivery cost amount will be indicated in the checkout cart and will be subject to the Customer’s approval prior to confirmation of the cart. To obtain an estimate, the Customer can simulate their purchases on the Site. In any case, this indication remains an estimate and only the price retained during the confirmation of the cart has contractual value, with the exception of some extenuating circumstances such as delivery difficulties or special delivery methods that may incur additional costs.

Discount and VAT : Orders are payable immediately. There will be no discount applied. In the event of a change in the VAT rate, the price will automatically be changed without notice other than the legal date of payment of the new rate.

Price variations : The prices of the Products which appear on the Site are subject to change. STONELEAF reserves the right to modify prices without notice, in particular in the event of labeling errors. Except as identified in the following, the prices which appear at the time of purchase are the prices applicable to that purchase. Although the website has been compiled with care, the prices indicated may contain errors. STONELEAF is in no way bound by its offer and reserves the right to cancel the customer’s purchase when such an error occurs.

Foreign currencies : The prices are indicated in Euro. If the currency of payment differs from the currency in which the prices appear, the Customer’s bank will apply its exchange rate in effect on the date of purchase, which is beyond the control of STONELEAF.

6. Payment methods

Once the Terms & Conditions have been validated, the CUSTOMER proceeds to payment for the order by credit card or wire transfer via Ingenico, a third-party service provider ensuring the security of transactions, or by Paypal. The CUSTOMER must have the following debit or credit card: Carte Bleue®, MasterCard®, VISA®.

Payment for goods can be made by credit card, Paypal, or wire transfer for the entire Territory. The Customer specifies contact details, confirms the cart and the total price. The Customer confirms his/her order and is then redirected to a partner page (Ingenico or Paypal) where the Customer provides information relating to his/her credit card or wire transfer. The receipt of an order confirmation by STONELEAF confirms the sale The sale is then concluded, under condition precedent, depending on the availability of the product and therefore of receipt of a confirmation sent by STONELEAF to the email address indicated by the Internet user during the purchase.

In the event of payment by bank transfer, the Customer receives an order confirmation email informing the “Pending” status. The Customer has seven (7) business days to make the transfer, after this period, the order will be canceled and the Products returned to stock. It is upon receipt and after confirmation of the validity of the payment by STONELEAF that the Customer will receive an email informing the launch of the ordered Products from stock. In both case, the debit is made at the order.

STONELEAF retains ownership of the goods sold until delivery of the goods to the customer or to the recipient designated by the customer. Failure to pay by either party may result in claims for the goods. These provisions do not preclude the transfer to the Internet user, upon delivery, of the risks of loss and deterioration of the goods purchased as well as of the damage that they could cause.

7. Payment security

STONELEAF has chosen efficient and rigorous tools in terms of securing payment methods. STONELEAF uses the Ingenico solution for payment methods using the SSL (Secure Socket Layer) encryption process, one of the most efficient security systems currently available, and which establishes an encrypted connection directly between the Customer and the bank.

STONELEAF has in no way access to confidential information related to the means of payment that the Customer uses during payment. This is why the Customer’s bank details will be requested for each new order. In fact, only Ingenico has access to confidential information, which remains inaccessible to third parties.

Although STONELEAF uses encrypted security software, the security of information and payments transmitted over the Internet or via e-mail cannot be guaranteed. STONELEAF cannot be held liable for damages resulting from the use of electronic means of communication, including – but not limited to – damages resulting from a failure or delay in the transmission of electronic communications, from interception or the manipulation of electronic communications by third parties or by computer programs used for electronic communications and for the transmission of viruses.

8. Delivery

8.1 Delivery methods

The Products are shipped to the Territory as defined in these General Conditions.

Delivery is by post with tracking (for the delivery of samples) or Courier and determined by weight and delivery address in order to obtain a fair delivery cost. The delivery of each product in a Customer’s checkout cart can be done independently. The Customer must carefully fill in all the fields of the delivery form when ordering, including their delivery details and indicate a mobile phone number. Neither STONELEAF nor the transport company can be held responsible for a failed delivery due to imprecision or error in the delivery address.

Post with tracking: parcels containing samples are sent by Frequenceo or Delivengo depending on whether the recipient is in France or in Europe*.

Courier : packages containing our stone sheets, accessories or additional products will be delivered by courier. The Customer must indicate a delivery address at which a person can physically receive the package during the first delivery (for example: place of work, home of a friend or family member, concierge, etc.).

8.2 Estimated delivery time

The delivery times indicated during the confirmation of the order are calculated in business days and are specific to each Product. Due to the variety of supply areas, manufacturing and logistical constraints, these deadlines are likely to vary and STONELEAF cannot be held responsible for such changes.

8.3 Additional costs

In the event of a failed delivery on the day of the Appointment due to inappropriate information, difficulties to access location, or passages not previously reported by the Client or the absence of the Client at the Appointment in violation of the commitments made upon contact, new delivery costs may be invoiced by STONELEAF, which will contact the Customer for payment of these new delivery costs before reattempting the delivery of the Product. In the event of non-payment of these costs, STONELEAF reserves the right not to proceed with the delivery of the Product. The risk of damage resulting from these constraints will also be borne by the Customer.

8.4 The risk of damage resulting from these constraints will also be borne by the Customer.

If the Customer wishes to change the delivery address or postpone the delivery date, he/she must notify STONELEAF as soon as possible by e-mail or telephone. The Customer must recall the order number, the Product concerned, and justify the modifications. STONELEAF will then confirm its acceptance or its reasoned refusal, by e-mail or telephone as soon as possible.

8.5 Reception of ordered products

Upon delivery, the Customer must unpack the Product in the presence of the Deliverer and check that the Product delivered corresponds to the order and that no damage affects the Product before signing the delivery note. In the event of an anomaly, the Customer must precisely enter the nature of his/her reservations on the delivery slip. These reservations must be handwritten, dated, detailed and accompanied by a signature on the delivery slip. The words “damaged product,” for example, are not sufficiently explicit. The Customer must inform the nature of the damage: breakage, scratches, etc. Likewise, if a delivery error is noted, the Customer must specify the nature of the error: incorrect order confirmation number, quantity error, etc.

In the event of error or damage, the Customer must imperatively refuse the Product and send the Company his/her reservations within 24h by e-mail [email protected] or telephone au 01 43 96 49 59

Any complaint sent beyond these deadlines cannot be accepted. If the Customer does not express any reservations, the Product delivered is deemed to be satisfactory and cannot be the subject of any subsequent dispute. For example, theCustomer may not make reservations either with STONELEAF or with the Deliverer, after the departure of the Deliverer, even if the package has not been opened in the presence of the latter.

Apart from cases of lack of conformity or latent defects, no complaint and/or subsequent reservations will be accepted by STONELEAF, after receipt of the Products by the Customer, if the latter has not complied with the procedure described above.

9. Order cancellations, returns, and right to withdraw

ORDER CANCELLATION
The Customer has the option to cancel any order for products, without giving a reason, provided that the Product has not already been shipped. To request an order cancellation, the Customer must contact STONELEAF by e-mail or by telephone.

ORDER WITHDRAWAL
The Customer has 14 (fourteen) business days from receipt of the goods, to return the order for any reason. Under Belgian law, Belgian Customers have a period of fifteen (15) days to exercise this right. In the event of withdrawal, all return costs will be borne by the customer. This period is calculated as a business day : if the period expires on a Saturday, Sunday or a public holiday, the period is extended until the first following business day at midnight. In order to facilitate the handling of the Customer’s withdrawal request, it is possible to send such a request to STONELEAF by email or telephone. The Customer may be asked for photos of the products to ensure their condition.

The procedures for exercising the right of withdrawal are as follows :

For bulky and / or fragile Products, delivered via Courier, the Customer must contact STONELEAF in order to organize the return of the Product. For a return from a home, The Deliverer will make an appointment with the Customer and then check at the Customer’s home that the Product is in new condition and returned in its original packaging. The Product must not bear any traces of use and must be accompanied by any accessories and instructions for use or assembly. If these conditions are met, the Deliverer will take back the Product.

STONELEAF will carry out quality control of the Product at the warehouse. The Products must be in new condition, returned in their original packaging, without any trace of use, and be accompanied by their accessories and instructions for use or assembly, if any. It is only after verifying that these conditions are met that STONELEAF will reimburse the sums received for the returned products. If the conditions mentioned are not met, the Customer’s reimbursement will be reduced by the amount corresponding to the loss in value of the Product, noted during the inspection.

Once the Products have been returned in accordance with the procedure described above, the refund (not including the initial shipping costs of the Product) will be conducted within a maximum period of thirty (30) days following the date of receipt of the returned products by STONELEAF. Beyond this term, these sums bear interest at the legal rate. Return costs are always the responsibility of the Customer. Throughout the procedure, the Customer will be informed by e-mail of the receipt of his will to withdraw, of the return of his package, as well as of the date of reimbursement.

10. Hidden defects

STONELEAF guarantees the Customer against all the consequences of latent defects which may affect the Products sold, unless otherwise specified on the Site in accordance with the provisions of French law.

The warranty for hidden defects only applies if the user proves that the defect identified already existed before STONELEAF delivered the product to him/her. It is the Internet user’s responsibility to have the product appraised at their own expense to obtain proof of the existence of the hidden defect.

STONELEAF’s liability can never exceed the value of the item in question. In addition, no other compensation can be claimed by the Internet user other than those expressly provided by the Consumer Code.

11. Intellectual Property

STONELEAF is a protected trademark registered with the INPI and https://stoneleaf.fr fr is a domain name that is also protected. They are the exclusive property of STONELEAF and cannot be used without our prior consent. Any link with other sites without the prior consent of STONELEAF is strictly prohibited.

The graphic and editorial elements presented on the Site are the property of STONELEAF and protected by copyright. The presentation of the products (photographs, videos, drawings, product sheets, etc.), whether they are for sale or not, are also the property of STONELEAF or its partners (designers, suppliers, etc.) and therefore cannot be reproduced without the express permission of their respective owner(s). Any copy or reproduction, any use of all or part of our graphic and/or editorial elements or of any presentation of our products is strictly prohibited and constitutes an infringement of our intellectual property rights which will be prosecuted and sanctioned as such.

12. Confidentiality

Pursuant to Law No. 78-17 of January 6, 1978, it is recalled that the personal data requested from the purchaser are necessary for the processing of their order.

STONELEAF undertakes the responsibility of using the confidential information of its Internet users only in the context of the operations of its Site. At the first request of the user wishing to no longer be included in the STONELEAF database, we undertake the responsibility of deactivating all contact details and information relating to the concerned member.

STONELEAF may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the site, for example by tracking the number of visitors to the site.

Furthermore, STONELEAF only collects personal data such as surname, first name, address, and e-mail address if these are given voluntarily by the visitor. The data thus collected cannot be used for commercial purposes other than those referred to on the site or which could be developed subsequently by STONELEAF.

None of the information may be transferred to third parties without the express consent of the member upon registration or subsequently in their data management space. Each member has the right to access, modify, rectify, or delete data concerning him or herself (article 34 of the Data Protection Act). To exercise this right, the Customer should contact STONELEAF by sending an email to [email protected] or, at any time, by modifying one’s data in “My account”.

13. Litigation & Responsibilities

The Customer is required to check the completeness and veracity of the information provided to STONELEAF when ordering and in particular the delivery address. STONELEAF cannot be held responsible for any data entry errors that could cause delivery errors. STONELEAF cannot be held responsible for the non-compliance by the Customer with the delivery terms and the appointment that the Customer will have set with the carrier. If applicable, the costs necessary for the return and storage of the products will be borne by the Customer. Without limiting the preceding paragraphs, STONELEAF’s liability may not exceed an amount equal to the amounts paid or payable in the transaction giving rise to said liability, whatever the cause or form of the action concerned. All facts or circumstances that are irresistible, unforeseeable, and beyond the control of the parties, particularly in the event of a total or partial strike by carriers, riots, war, and natural disasters, are considered to be fortuitous events or force majeure, exonerating liability.

The choice and purchase of goods by the Customer are under the Customer’s sole responsibility. Consequently, the total or partial impossibility of using the Products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement, or questioning of the responsibility of STONELEAF, except in the case of a proven hidden defect, of non-compliance, or exercise of the right of withdrawal provided for by the French Consumer Code.

The responsibility of the STONELEAF company cannot be called into question if the non-performance or the delay in the performance of one of its obligations described in these general conditions of sale, results from a case of force majeure. As such, force majeure means any external, unforeseeable, and irresistible event within the meaning of article 1148 of the Civil Code.

14. Dispute Settlements

The General Conditions will be executed and interpreted in accordance with French law. The parties will seek, before any litigation, an amicable agreement being recalled that the latter does not interrupt the deadlines to act as a guarantee. Any dispute of any kind or any dispute relating to the formation or execution of the order, even in the event of a warranty claim or multiple defendants, will fail to reach an amicable agreement under the exclusive jurisdiction of the courts in the jurisdiction of STONELEAF’S head office (Créteil 94000). The jurisdiction of the courts will be in accordance with the rules of the Code of Civil Procedure when the buyer is not a professional.

15. Language

The General Conditions, orders, e-mails of correspondence, as well as the agreed-upon sales contract with the Customer are in French or English for the Territory.

16. Severability of clauses

If for any reason one (or more) of the clauses of these General Conditions of Sale were to be pronounced as null, unenforceable, null and void, illegal, or inapplicable as a result of a law, a regulation, or following a final decision of a competent court, this modification does not call into question the validity, legality, or applicability of the other provisions of these General Conditions and will not exempt the Internet user from the performance of his/her contractual obligations.