Cookie Management Policy

These General Terms and Conditions of Sale ("GTC") apply to any order placed on the website www.mineral-pierre-naturelle.fr (the "Website") by any person (the "Customer"), referred to as "you", "your", (etc.).

The Website is operated by Pierre de l'Est SAS, whose registered office is at 44 Rue de Nancy 57915 WOUSTVILLER (France), registered under RCS Sarreguemines number B 794 310 672 ("Minéral" or "we").

These general terms and conditions of sale cancel and supersede those of the Syndicat National des Maîtres Carriers de France adopted on March 16, 1961, and those of the Fédération Marbrière de France extracted from the deliberations of May 12, 1930, and June 23, 1952.

Our commercial relations are governed by professional practices and general terms and conditions of sale common to the Stone and Marble industry.

Acceptance of our general terms and conditions of sale automatically implies the non-application of any other general terms and conditions of purchase or sale, unless expressly agreed in writing and accepted by the parties.

1. DEFINITIONS

"Customer(s)": refers to the internet user, a natural person, placing an order on the Website as a consumer.

"Order": refers to the purchase of Minéral Products made by the Customer on the Website via their Account.

"Account": refers to the space created via the Website, exclusively reserved for a User and allowing access to certain Services, including the purchase of Minéral Products.

"Supplier": refers to any supplier of Minéral Products.

"Store": refers to any physical store of the Pierre de l'Est Group under the "Minéral" brand, the list of which can be found by clicking on the following link:

http://mineral-pierre-naturelle.fr/fr/showrooms

"Legal Mentions": refers to the legal mentions of the Website.

"Minéral Product(s)": refers to all Products offered for sale by Minéral on the Website and subject to these GTC. 

"Sections": refers to the different categories on the Website in which content offered on the Website is classified, grouped, where applicable, by theme.

"User": refers, unless otherwise specified, to any person accessing and/or browsing the Website.

2. SCOPE OF APPLICATION OF THE GTC AND MODIFICATION

By ordering products on the Website, the Customer expressly accepts these GTC, which exclusively govern the purchase of Minéral Products.

Minéral reserves the right, at any time, to make changes to the GTC without prior notice. These modifications will not affect current orders placed before this date. 

The customer receives the GTC after order confirmation, in a format that they can print or archive.

When placing an Order, the Customer is invited to carefully read the GTC and accepts them by checking the "I accept the GTC" box and clicking on the "validate" button.

The validation click gives electronic contractual value and proves that the Customer has read all of these GTC and the obligations incumbent upon them.

The User can at any time consult, download in PDF format or print the GTC in force, available on each page of the Website by clicking on the "General conditions & Personal data policy" tab. The GTC applicable to an Order are, in all cases, sent to the concerned Customer in PDF format by email to the email address indicated in their Account.

3. PRODUCT OFFERS

a. Characteristics of Minéral Products

Marble, marble stones and cut stones and all other rocks being natural materials, certain peculiarities such as wormholes, crystalline veins, flames, glass inclusions, geodes, shells, knots, stains commonly called "crapaud" (toad), strata, rust spots, differences in shade, etc., cannot be considered defects and cannot be refused or lead to a price reduction. The sample or visuals define the marble stone, marble or any other natural rock in terms of origin, type, general tone; it does not imply any identity of color, design and veining between the sample/visual and the supply.

Minéral strives to ensure that the visuals of Minéral Products (including photographs, plans, drawings, diagrams representing Minéral Products) are as accurate as possible.

Nevertheless, Minéral cannot guarantee an exact similarity between the visual appearing on the Website and the Minéral Products offered for sale (especially regarding the rendering of colors, materials, etc.). Consequently, the visuals of Minéral Products have no contractual value; they serve to guide the Customer as an indication.

All marble, marble stone or onyx, is worked and consolidated according to the rules of the art with mastic, linings, staples that its nature and conformation require. White marbles: marble, usually described as white, is flecked, clouded or veined with grey.

For tiles and natural stones, slight variations in shade, structure and surface for the same reference may occur during different productions. Shade nuances generally fade over time.

However, we recommend that during installation, elements from different lots, packages or pallets delivered should always be mixed, even for gray products. In no case can we be held responsible for these shade variations.

A manufacturing tolerance of ± 0.5 mm on all dimensions must be taken into account for different types of natural stones. The materials referred to are natural stones within the meaning of standard NF B 10-601 (excluding cleavable materials such as shales and slates): 

- Igneous rocks (rocks formed by the cooling and solidification of magma (molten rock) such as granite, basalt, diorite, porphyry, etc.).

- Sedimentary rocks: rocks formed by the deposition (generally in water) of organic or inorganic particles, such as limestone, sandstone, travertine, etc.

- Metamorphic rocks: rocks resulting from pre-existing solid or fluid rock masses recrystallized by the action of heat and pressure, such as marble, quartzite, gneiss, etc.

Regarding travertine, there may be cavities of different sizes, directions, quantities and shapes. It is therefore plausible that the mastics may come loose over time and with use, which is why it is recommended to re-mastic the slabs and tiles after a few years. This process is linked to the typical pores of travertine and therefore cannot be considered a defect in the material. 

We also inform you that the purchase of the same product at different times may lead to changes in shade and appearance due to the non-homogeneity of natural materials or different batches (tiles). Whatever the product used, it is necessary to mix the different pallets delivered as the installation progresses.

All these characteristics cannot be considered defects and cannot be refused or lead to a price reduction. 

For paving, opus incertum, and cobblestones, Minéral recommends its customers to plan for an additional surface area of at least 10% compared to the surface to be covered, for possible losses, cuts and breakages. For rubble and cladding, Minéral recommends its customers to order +15% to cover their actual surface with joints and +30% to cover their actual dry-stacked surface without joints. 

b. Price

Our prices and tariffs are indicated "All Taxes Included" (TTC), the Value Added Tax is that in force in France on the day the Order is placed. They do not include any discounts or rebates and are given for information purposes only, unless otherwise stipulated. They are established under the economic, social and fiscal conditions in force on the date of their submission and are subject to revision. The price to be paid will be that on the day of the order confirmation according to the conditions that will have been set. 

Our prices and tariffs are understood as excluding taxes, ex-quarry, factory or warehouse. They do not include any discounts or rebates and are given for information purposes only, unless otherwise stipulated. They are established under the economic, social and fiscal conditions in force on the date of their submission and are subject to revision. The price to be paid will be that on the day of delivery according to the conditions that will have been set during the order confirmation. Price offers are valid for 30 days from the date of their formulation. For one or more deliveries whose delay, at the customer's request, would exceed three months, we reserve the right to apply a price revision formula based in particular on the BT index. 14 as follows

                        (BT.14)

P-PO              _______ 

                        (BT. 14o)

in which:

Po                   - Initial market price, excluding VAT.

P                     - Revised price, excluding VAT.

BT. 14           - Value of the building index, natural stone veneer cladding and similar products

c. Availability 

The Products offered on the Website are offered within the limits of available stock in our storage platforms. The Customer is invited to check the availability of the items sold on the information page of the product in question.

"This product is not currently sold online" means that the Minéral Product is only available for sale in-store, and therefore cannot be sold on the Website. 

Minéral does its best to keep real-time stock levels of Products updated. It may happen that a Minéral Product available at the time of Order validation is ultimately unavailable due to a stock level error.

In the event of an order for a Product that proves to be unavailable, Minéral reserves the right to cancel the order, subject to informing the Customer by email. 

d. Packaging
If the goods are delivered on pallets or in returnable packaging, the deposit amount is indicated on the invoice and payable at the same time as the goods. Reimbursement of this deposit is only due after receipt of these pallets with our brand in good condition at the departure point. Pallets returned out of use are not accepted, furthermore the deposit does not confer ownership in any case.

4. ORDER

When the Customer places an Order on the Website, here are the steps to follow: 

- The customer adds Products to their cart

- The Customer logs into their existing customer account or creates a new customer account by registering their account details

- The Customer chooses the delivery method

- The Customer chooses the payment method

- Throughout the order funnel, and up to the payment page, the Customer can view the order summary and go back to modify it.

- Before making the payment request, the Customer confirms having read the Website's general terms and conditions of sale and proceeds to payment. At this stage, the order then becomes final.

- The Customer receives an order confirmation email. For Orders to be picked up directly in store, Minéral informs the Customer by email that their Order is ready for collection at the Minéral Store of their choice. For home delivery Orders, the Customer is contacted by phone to arrange a delivery date. 

Minéral reserves the right not to accept the Order in the following cases: 

- If the ordered Product is no longer in stock when the order is processed, 

- In case of total or partial non-payment of a previous Order 

- In case of objective suspicion of fraud

- If a payment authorization is refused by Minéral's banking institutions/partners

- If there is a manifest price error: when it is considered derisory compared to the real value of the Product, generally due to a configuration error, in accordance with case law considering that there was no meeting of minds on the price as required by article 1583 of the Civil Code.

5. PAYMENT METHODS

a. For purchases on the website

When placing an order on the site, payment for orders is made exclusively on the Website. To learn more about the different payment methods, visit the "Payment Methods" page of the Website.

Payment for your order in 3 or 4 interest-free installments by credit card from €200 to €3000 in three installments and from €200 to €3000 in four installments with Oney Bank. Our partner Oney Bank offers a financing solution called 3x 4x Oney, which allows you to pay for your purchases from €200 to €3000 in three installments and from €200 to €3000 in four interest-free installments with your credit card. Conditions: This offer is reserved for individuals (adult natural persons) residing in France and holding a Visa or MasterCard credit card with a validity date greater than the chosen financing period. Systematically authorized cards, particularly Electron, Maestro, Nickel, etc., as well as e-cards, Indigo and American Express cards are not accepted. Subscription terms: After completing your order, simply click on the "3x 4x Oney payment by credit card button". You will then be redirected to our partner's 3x 4x Oney website displaying the detailed summary of your order and the personalized financing request, which you must then validate. You enter your personal information or, if you have a 3x 4x Oney account, you identify yourself using the login credentials linked to your 3x 4x Oney account. You acknowledge the general terms and conditions of payment in several installments that you wish to subscribe to, which are provided to you in PDF format so that you can read, print and save them before accepting them. You then notify your electronic acceptance by checking the corresponding box. You acknowledge that the "double click" associated with the checkbox regarding knowledge of the general terms and conditions constitutes consent to contract and constitutes an irrevocable and unreserved acceptance of the general terms and conditions of the product. Unless proven otherwise, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank. If you request to benefit from a financing solution offered by Oney Bank, information relating to your order will be transmitted to Oney Bank, which will use it for the purpose of studying your request for the granting, management and recovery of credit. Oney Bank reserves the right to accept or refuse your 3x 4x Oney financing request. You have a withdrawal period of 14 days to cancel your credit. How it works: Payment in 3 or 4 interest-free installments by credit card allows you to pay for the order placed on our merchant site as follows: - a mandatory down payment, debited on the day of confirmation of your order's shipment, corresponding to one third or one quarter of the order; - two or three monthly payments, each corresponding to one third or one quarter of the order, debited 30 and 60 days later for 3 installments and 30, 60 and 90 days later for 4 installments. • Payment in 3 installments from €200 purchase up to €3000. Example: For a purchase of €150, down payment of €50 then 2 monthly payments of €50. Credit over 2 months at a fixed APR of 0%. Cost of financing €0. • Payment in 4 installments from €200 purchase up to €3000. Example: For a purchase of €400, down payment of €100 then 3 monthly payments of €100. Credit over 3 months at a fixed APR of 0%. Cost of financing €0. Oney Bank - SA with capital of €51,286,585 - Registered office: 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - Orias n°: 07 023 261 - www.orias.fr - Correspondence: CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr

b. For in-store purchases

Unless otherwise stipulated, payment conditions for in-store sales are understood as:

- a deposit of 50% upon order;

- the balance by check upon collection, net and without discount.

By express agreement, in case of late payment on the fixed dates, the amounts due will automatically bear interest on the basis of guaranteed obligations, increased by 2.5 points, without this clause affecting the enforceability of the debt. The return fees for drafts are always borne by the buyer. 

Payment terms cannot be delayed under any pretext, even in case of dispute. The fact of having potentially benefited from a payment facility does not imply any obligation on our part to maintain it over time. 

Supplier payments cannot be deferred or modified due to late penalties, and no compensation can be made for this reason. 

Any change in the factual or legal situation of the buyer, or any duly noted payment default at its due date, renders immediately payable the payment for unfactored goods and automatically gives the seller the right to suspend deliveries and terminate the contract by simple registered letter, without prejudice to the recovery of sums that remain due and any eventual damages, regardless of previously agreed conditions.

Application of articles L.441-3 and L.441-6 of the Commercial Code, as of January 1, 2013, any debtor paying an invoice after the expiration of the payment period must pay his creditor a flat-rate compensation for recovery costs fixed by decree number 2012-1115 of October 2, 2012.

Penalty Clause

Any invoice not paid by its due date will incur, in addition to the aforementioned late interest, an increase of 20% on the principal amount of said invoice.

In accordance with WARSEMANN Law no. 2012-387 of March 22, 2012, the customer shall reimburse all costs incurred for the contentious recovery of outstanding amounts, including attorney fees and public ministerial officer fees. It is specified that any professional in a situation of late payment is, in any case, automatically liable to the creditor for a fixed indemnity for recovery costs, the amount of which is set at €40. If the recovery costs incurred exceed the amount of this fixed indemnity, PIERRE DE L’EST SAS may request additional compensation with justification.

6. DELIVERY

a. Delivery methods - lead time

When placing an order, several delivery methods are offered by Minéral: free in-store pickup or home delivery (by specialized carrier).

Delivery times apply from the acknowledgment of receipt of the order sent to the Customer by email, these times are broken down into 2 parts:

• Preparation time: The time between the receipt of the Order and the moment Minéral ships it.

• Transit time to the address indicated by the Customer when placing their Order on the Website.

Any error in the delivery address made by the buyer when ordering or any impossibility of delivery due to non-compliance with the previously stated requirements may result in additional costs borne by the buyer.

When an order is placed during a winter or summer closing period (this information will be indicated on the website when active), this delivery time is put on hold until the date of the first reopening day.

Minéral makes every effort to maintain its delivery times, however, it is possible that this time may be longer than expected, independently of our will. Minéral cannot be held responsible for any delivery delays due to the carrier. This is why we advise you to wait until you have received your merchandise before starting the work or before scheduling an appointment with professionals for the installation of your work.

If no delivery time is specified when ordering, availability, departure from quarry, factory, or depot, will take place according to manufacturing possibilities. Availability or delivery times are given only as an indication, unless expressly agreed between the parties.

When orders are executed according to the buyer's specifications, plans, or drawings, delivery times only begin from the date of receipt of all documents.

Any delay in sending these documents will justify an equal delay for deliveries. No delivery delay can lead to damages or cancellation of the order. Penalties for late delivery can only be demanded if there is a written agreement accepted by the parties. They can only be applied if the delay is due to the seller's fault and if it has caused actual damage that has been contradictorily established. Even in this special case, the seller is automatically released from any sanction or penalty for delay:

1°) if the payment conditions stipulated in the order have not been observed by the buyer;

2°) in cases of force majeure or events such as: lockout, strikes, epidemics, war, requisition, fire, bad weather, floods, prohibition or delay of transport, or any other cause leading to total or partial unemployment for the seller or its suppliers, legal modifications of working hours, or finally, all other facts beyond our control that have been effectively brought to the buyer's attention upon their occurrence.

a.1 In-store pickup

In-store pickup is only possible at one of these 5 Minéral stores: Strasbourg, Thionville, Nancy, Beaune, and Saarwellingen (Germany). The Lyon and Paris stores do not currently offer in-store pickup service. Depending on the nature of the Products ordered, the delivery time may be between 5 to 15 working days (excluding weekends and public holidays). Minéral will inform the Customer by email when their order is ready for pickup at the selected Minéral store.

When picking up in-store, if the customer is equipped with a flatbed suitable for full forklift loading: only Minéral teams will load the vehicle. The Customer remains in their vehicle. For all other types of vehicles; in case of loading products piece by piece into the customer's vehicle, the products will be placed near the latter by the storekeeper and loading will be carried out by the Customer.

In the presence of long lengths, the Customer must make arrangements and be accompanied by an additional person in order to be able to load their vehicle. This information will be provided during order confirmation.

a.2 Home delivery

The delivery location must be accessible. The presence of the Customer or a responsible person is mandatory during delivery. It is the customer's responsibility to provide an accessible and clear delivery area for a 12 to 40-ton truck for unloading merchandise. The vehicle must be able to maneuver and leave. When access to the delivery location is impossible or too complicated, the delivery driver will choose the most suitable unloading area, the closest one the carrier can access and leave without difficulty.

The Customer must be able to notify Minéral in advance if delivery is planned in a narrow passage or in the city center with impossible access for a 40-ton semi-trailer truck. In these conditions, the carrier may provide a smaller truck or will have to arrange a second delivery. Any additional costs will be borne by the Customer.

The merchandise is unloaded on the sidewalk, on an unpackaged pallet, using a tail lift.

To guarantee delivery, the following conditions must be met:

• Sufficient space

• A hard, flat ground surface (paving or tarmac, for example); the delivery person cannot operate on an unsuitable surface such as gravel or grass.

• An accessible access road. For example: a sufficiently wide passage area, no trees, power lines or obstructing vehicles, take into account tonnage restrictions of the delivery street.

Deliveries take place Monday to Friday between 9 AM and 5 PM, within a half-day slot. The carrier will contact the Customer directly by phone 1 to 3 days before the delivery day to arrange a date.

In case of absence, the carrier leaves a delivery notice for the Customer with a phone number to recontact them to arrange a new delivery appointment. A second delivery attempt will incur additional delivery charges at the Customer's expense.

Deliveries in mountainous areas and on islands require adapted means of transport. These locations incur additional delivery surcharges calculated automatically when the Customer places an order based on the postal code provided. The list of these municipalities with difficult access can be found here.

For home deliveries, products are shipped within 5 working days. The carrier then ensures a delivery time of 3-5 days depending on the delivery area and appointment scheduling.

b. Delivery locations

Deliveries are made only in Metropolitan France (excluding Corsica), Monaco, and Germany to the delivery address indicated by the Customer when placing their order. For any other delivery request in other territories or countries, the Customer may submit a request via the contact form. Minéral reserves the right to accept or refuse such a request.

The customer can obtain more information on delivery methods on the "Delivery and Transport" page.

c. Order verification upon receipt

Upon receipt of the products, the customer must first check their entirety, particularly by ensuring the presence of all products and accessories. If merchandise is found to be missing, they must contact Minéral within 48 hours of delivery, failing which the order will be considered complete.

In addition, the customer must inspect the condition of the received packages and report any non-conformity or damaged products in detail, by making a reservation on the delivery note to the carrier. A simple mention of "non-compliant" is not sufficient; it is imperative to provide a detailed and exhaustive description of the non-conformity issue. If a product is damaged after acceptance of the package, the customer has 48 working hours to contact our after-sales service, failing which the order is considered to be in good condition.

Conversely, if the after-sales service incurs additional costs, the customer will be billed.

d. Refusal of merchandise

Upon delivery, if the merchandise is refused after inspection, the customer must inform Minéral within 48 hours of the refusal via the "Contact Us" section of the Minéral website. A refund of the order, minus return costs, will be issued upon receipt of the merchandise at Minéral's premises. The order will be refunded either by the payment method used during the order or upon presentation of bank details for a bank transfer. Custom-made items cannot be returned, canceled, or refunded.

The Customer will be reimbursed for all sums paid, including delivery costs, within fourteen (14) calendar days from the date Minéral receives the returned merchandise at its premises. Transportation costs and risks associated with the return are borne by the Customer. Custom-made products cannot be returned, canceled, or refunded.

7. RETURNS OF MERCHANDISE

Pallets must be packaged upon arrival in the same way as they were for the initial order. The merchandise reception area must be easily accessible for the carrier, with pallets placed on a flat, solid, and obstacle-free surface.

To facilitate the management of returns and ensure the transportation of these returns under the best conditions, products must not have been used and must be returned in their original and complete condition (packaging, accessories, instructions, labels) allowing them to be put back on the market as new, accompanied by the purchase invoice. Otherwise, a partial, or even impossible, refund could be considered.

In the event of a return, once the request has been registered by Minéral, the Customer will be contacted by the carrier responsible for collecting the package to arrange an appointment. The appointment can only take place from Monday to Friday from 8 AM to 6 PM, excluding French public holidays.

The Customer will be reimbursed for all sums paid, including delivery costs, within fourteen (14) calendar days from the date Minéral receives the returned merchandise at its premises. Transportation costs and risks associated with the return are borne by the Customer. Custom-made products cannot be returned, canceled, or refunded.

The refund will be made by the same payment method as that used during the initial order (unless another method has been agreed between Minéral and the Customer). The Customer will not pay any refund fees.

8. RIGHT OF WITHDRAWAL

a. Principle

In accordance with the regulations in force, Articles L.221-18 et seq. of the Consumer Code, for any Order of Products on the Minéral Site, the Customer has a withdrawal period of fourteen (14) days from the receipt of their Order, without having to provide reasons or pay a penalty, for exchange or refund.

The Customer is entitled to return all or part of the received items to obtain a refund, without incurring penalties. Return transportation costs are borne by the Customer.

If the Customer wishes to terminate the contract, Minéral will refund all sums paid, including delivery costs, within fourteen (14) calendar days from the date Minéral receives the returned merchandise at its premises.

If the Customer wishes to exercise their right of withdrawal, they can notify us of their intention to cancel this contract, either by email to info@mineral-pierre-naturelle.fr, or by telephone at 03.88.19.66.49.

b. Exceptions

In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for custom-made Products manufactured according to the Customer's specifications or specially ordered for the Customer (examples: Minéral Products offered for a custom project or specially ordered from our Suppliers).

c. Generalities

If the Customer's decision to withdraw reaches us before the Order has been prepared, Minéral will then proceed to immediately cancel all or part of the Order in question.

If the Customer's decision to withdraw reaches us after the relevant Order has been prepared, there are 2 possibilities:

- If the Order concerned has not yet been delivered, Minéral will inform the Customer that they must refuse the package.

- If the package concerned has already been delivered, the Customer can notify us of their desire to cancel this contract, either by email to info@mineral-pierre-naturelle.fr, or by phone at 03.88.19.66.49.

Several return methods may be offered by Minéral: by specialized carrier or by drop-off in-store. In general, these methods are the same as those used during the delivery in question.

d. Refund

The Customer will be reimbursed for all sums paid, including delivery costs, within fourteen (14) calendar days from the date Minéral receives the returned merchandise at its premises. Transportation costs and risks associated with the return are borne by the Customer. Custom-made products cannot be returned, canceled, or refunded.

9. RESERVATION OF OWNERSHIP
Ownership of the delivered item remains with us until full payment of the price (Law No. 80-335 of 12.05.80).

In the absence of payment by any of the agreed deadlines, the sale will be automatically cancelled, 8 days after a simple formal notice without effect, sent to the buyer by registered letter with acknowledgment of receipt. The risks of the merchandise are transferred to the buyer upon delivery of the item and for the entire duration of the retention of title for the benefit of the seller.

10. WARRANTY
Our materials are guaranteed under common law conditions. In the event that, given the nature of our materials and their intended use, our responsibility could be engaged on the basis of Article 1641 of the Civil Code, we provide a warranty against hidden defects recognized as such under common law conditions. Our warranty is limited to the replacement of defective materials, excluding all damages, handling, and implementation costs. In any case, the duration of use of the material will be taken into account.

We decline all responsibility if the materials have not been suitably chosen according to their intended use, used and maintained in accordance with our prescriptions, or if they have not been implemented in accordance with best practices and the applicable DTU (Unified Technical Document).

11. JURISDICTION
Any dispute, whatever its cause, shall fall under the jurisdiction of the seller's Commercial Court, which has exclusive jurisdiction, even in the event of a third-party claim or multiple defendants, and notwithstanding any contrary clauses.

Place of jurisdiction: Sarreguemines