General Terms and Conditions of Sale (including Retention of Title Clause and Jurisdiction Clause)
The following terms and conditions (“GTC”) apply to SARL DIMATEX, hereinafter referred to as “DIMATEX”, in its contractual relationships with Buyers regarding the sale of goods or provision of services. DIMATEX and the Buyer agree that their relationship will be governed by these GTC. DIMATEX reserves the right to modify these GTC at any time. Any modification will take effect upon publication online or communication of the updated GTC for all orders placed after such publication or communication. SARL DIMATEX is registered under number 44020375000029, with its registered office at ZA de Montepy, 69210 Fleurieux sur l'Arbresle, France, and VAT number: FR09 440203750.
ARTICLE 1 – PURPOSE AND SCOPE
These GTC define the rights and obligations of the parties regarding the sale of goods and provision of services offered by DIMATEX to the Buyer. They are provided to each Buyer on request and are accessible on DIMATEX’s website. Any order of products or services from DIMATEX constitutes full and unconditional acceptance of these GTC, which take precedence over any other document from the Buyer, including any general purchasing conditions, unless explicitly agreed otherwise by DIMATEX. Other documents, including catalogs, brochures, advertisements, or instructions, are for informational purposes only and have no contractual value.
ARTICLE 2 – ORDERS
2.1 Definition
An order refers to any request for products listed in DIMATEX’s price list or any services offered and accepted by DIMATEX, including any quotation accepted by the Buyer. Acceptance may be in the form of a signed quotation or written agreement, including by email. Products and services are described and presented as accurately as possible; however, DIMATEX is not liable for any errors or omissions. Product images are non-contractual.
2.2 General Terms
Each order constitutes acceptance of the prices and product descriptions available for sale. Orders submitted to DIMATEX are irrevocable for the Buyer unless DIMATEX provides written consent. The Buyer is responsible for verifying all information provided during the order, including product and/or service details, and for reporting any errors immediately. DIMATEX will only fulfill orders within available stock. If a product is unavailable, DIMATEX will inform the Buyer. DIMATEX cannot guarantee stock information from third-party suppliers. Orders are only considered once the corresponding deposit has been paid, unless otherwise agreed.
2.3 Proof of Transaction
Electronic records stored in DIMATEX’s systems under reasonable security conditions are considered proof of communications, orders, and payments. Archiving of orders and invoices is performed on reliable and durable media.
2.4 Modification / Cancellation
Any request to modify the quantity or composition of an order must be made in writing, including by email, within 8 days of DIMATEX receiving the initial order. DIMATEX is under no obligation to accept such changes. If accepted, confirmation will be provided in writing. Any modification or cancellation request, whether or not within this period, rejected by DIMATEX, will result in full payment of the order by the Buyer. Deposits paid are non-refundable.
ARTICLE 3 – ORDER REFUSAL
DIMATEX may refuse to fulfill an order if previous orders by the Buyer remain unpaid, without the Buyer being entitled to any compensation. DIMATEX may also block orders in case of incorrect addresses, account issues, or refused card payment authorization.
ARTICLE 4 – DELIVERY
Orders over €5,900 (excluding VAT) delivered in a single shipment within Metropolitan France qualify for free shipping.
Estimated delivery times:
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Standard products in stock: 2–4 weeks
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Customized products (markings, modifications, etc.): 8–10 weeks
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Special production: as indicated in the order acknowledgment
Delivery times are indicative. DIMATEX strives to meet them but is not liable for delays due to force majeure or circumstances beyond its control, including strikes, weather events, fire, flood, epidemic, or supply issues. Delays do not entitle the Buyer to penalties, cancellation, or extended payment terms. Delivery can only be canceled after formal notice of 15 days sent by registered mail, following a 7-day grace period after the estimated delivery date.
4.1 Transport
Goods are shipped at the Buyer’s risk unless otherwise agreed in writing. DIMATEX is not responsible for damage, loss, or delays during transport. Buyers must make any claims directly with the carrier within three days of receipt.
4.2 Receipt
The Buyer must inspect goods or services upon receipt. Acceptance without reservation covers all apparent defects or missing items. Any claim must be made by registered letter within eight days of delivery.
ARTICLE 5 – LIMITATION OF LIABILITY
Technical specifications are indicative only. The Buyer is solely responsible for damages resulting from use of the goods. DIMATEX is not liable for indirect damages, including loss of profit or business disruption. DIMATEX is not responsible for differences in colors, framing, or sharpness between website visuals and printed materials. The Buyer assumes responsibility for all visuals submitted for production.
ARTICLE 6 – MARKING
Costs for markings are charged separately unless otherwise stated. Minor variations in color, appearance, or positioning do not justify order refusal.
ARTICLE 7 – APPROVAL OF PROOFS
DIMATEX will only use models, proofs, or samples approved and signed by the Buyer (“Approved for Print”). DIMATEX retains intellectual property rights on all such materials. The Buyer may not reproduce or exploit these materials without written permission from DIMATEX, which may require financial compensation.
ARTICLE 8 – SAMPLES AND PROTOTYPES
Requests for samples or prototypes may be accepted at DIMATEX’s discretion and are always billed. Samples or prototypes cannot be returned.
ARTICLE 9 – PRICES
Prices are based on the current rate or the quotation at the time of order and are exclusive of taxes. Shipping costs are additional. For deliveries outside France, the Buyer is responsible for customs duties, VAT, and other applicable taxes. Prices may change due to currency fluctuations or material cost changes. Prices are valid for 30 days unless otherwise stated.
ARTICLE 10 – RESELLER TERMS
Resellers must respect DIMATEX’s public prices and minimum order quantities. Orders are firm and cannot be modified once acknowledged. Payment is due upon order unless otherwise agreed. Storage fees may apply for delayed deliveries.
ARTICLE 11 – PAYMENT TERMS
A 30% deposit may be required at order placement. The balance is due upon invoicing unless otherwise agreed. Late payments incur penalties of three times the legal interest rate, plus a flat recovery fee of €40. DIMATEX may suspend deliveries or seek immediate payment of all outstanding sums.
ARTICLE 12 – WARRANTY
Products are guaranteed for one year (parts and labor). The Buyer must provide proof of purchase and photos. Warranty covers repair or replacement only and excludes misuse, negligence, normal wear, accident, or force majeure.
ARTICLE 13 – CLAIMS
Claims must be submitted in writing via registered letter within 8 days of discovering a defect, before any handling. DIMATEX may replace or refund defective products, but no further compensation applies. Returns require prior written consent from DIMATEX.
ARTICLE 14 – WITHDRAWAL
Buyers have a 14-day right of withdrawal for online purchases, excluding personalized, clearance, demo, second-hand products, or prototypes. Products must be returned at the Buyer’s expense. Refunds will include product price only and are processed within 14 days after receipt or proof of shipment.
ARTICLE 15 – PERSONAL DATA
Personal data is collected for order processing and invoicing. Data may be shared with DIMATEX’s partners or subcontractors. Buyers have the right to access, modify, correct, object, or limit processing of their data by contacting dimatex@dimatex.fr
ARTICLE 16 – RETENTION OF TITLE
Ownership of products remains with DIMATEX until full payment is received. DIMATEX may reclaim unpaid products at the Buyer’s expense. Risk transfers to the Buyer upon delivery.
ARTICLE 17 – WAIVER
DIMATEX’s failure to enforce any clause does not constitute a waiver of its rights.
ARTICLE 18 – DISPUTES
All disputes are subject to French law and the exclusive jurisdiction of the Commercial Court of Lyon (69-Rhône). DIMATEX may seek recovery costs, legal fees, and related expenses from the defaulting Buyer.