Terms and Conditions of Sale - Centrale ITE
Seller details
SUN DISTRIBUTION – Centrale ITE
91 allée des Sapins,
26500 Bourg-lès-Valence, France
Email: contact@centrale-ite.com
SAS with a share capital of €1,000
Romans Trade and Companies Register (RCS) 791 492 580 – SIRET 791 492 580 00018 – APE 4669C
Intra-Community VAT number: FR08791492580
Centrale ITE is a brand of Sun Distribution.
Article 1 – Terms and Conditions
These general terms and conditions of sale set out the terms under which Sun Distribution, trading under the brand name Centrale ITE, conducts distance sales of external thermal insulation (ETI) materials, in particular via the website www.centrale-ite.com. They apply to sales concluded with: consumer customers (private individuals acting for non-business purposes); business customers (companies, tradespeople, local authorities). These customers must be located in mainland France, Belgium or Switzerland. These terms and conditions constitute the agreement between the parties. Certain provisions apply only to consumers or only to business customers. Where this is the case, they are expressly indicated as such. Consequently, any order placed by the customer implies their unreserved acceptance of these general terms and conditions of sale. The customer acknowledges having read these terms and conditions prior to placing their order, either on the website www.centrale-ite.com or in the documents sent to them with their quotation. For business customers, these terms and conditions take precedence over their own general terms and conditions of purchase, unless otherwise agreed in writing by Sun Distribution. Sun Distribution reserves the right to amend and update its general terms and conditions of sale at any time. The applicable terms and conditions are those in force on the date of the order.
Article 2 – Offers – Orders
The products offered for sale on the website www.centrale-ite.com and in Sun Distribution’s quotations are those described therein, together with details of their price, key features and delivery charges.Offers are valid for the period stated on the website or in the quotation. Unless otherwise stated, a quotation is valid for 30 days from the date of issue. After this period, Sun Distribution reserves the right to amend its offers. The technical specifications of the products (thermal conductivity, thermal resistance, Euroclass, dimensions, etc.) are those provided by the manufacturers. Only the manufacturers’ official documents are authoritative: technical data sheets, Technical Approvals, European Technical Assessments (ETA), ACERMI certificates and declarations of performance. Photographs are for illustrative purposes only. Typographical or photographic errors do not confer any rights on the customer and do not engage the liability of Sun Distribution. All text, photographs and content on the website www.centrale-ite.com are the exclusive property of Sun Distribution or its partners.
They are protected by copyright and other intellectual property rights. The customer must not reproduce them, even in part, by any means, on any medium or for any purpose whatsoever.These general terms and conditions of sale also specify: the delivery terms and times; the payment terms; the product warranties; Sun Distribution’s contact details; and the conditions for exercising the right of withdrawal.If the customer feels they have not been sufficiently informed, they may request further information before placing any order. This relates in particular to the choice of insulation, the quantities required or the compatibility of the products with their substrate. They may contact Sun Distribution by email at contact@centrale-ite.com. The calculation of quantities and the choice of system remain the customer’s responsibility.
The calculation tools on the website and the advice provided are for guidance only. Products are offered subject to availability. In the event of a product being out of stock, Sun Distribution undertakes to inform the customer by email or telephone within a maximum of 2 working days from receipt of the order. Where applicable, Sun Distribution will offer the customer a product of equivalent quality and price, or a revised delivery date. The customer may then: either cancel all or part of their order and receive a refund of the amount paid; or accept the replacement product or the revised delivery date offered.They must inform Sun Distribution of their choice by email within 8 days. In the event of cancellation, Sun Distribution will refund the customer within a maximum of 14 days from the date of cancellation. To place an order on the website, the customer must follow the order process as indicated. For orders based on a quotation, the customer must return the signed quotation marked ‘Agreed’, accompanied by the payment specified in Article 4.
The customer must provide the information required for the sale and delivery, ensuring that no essential details are omitted. This includes, in particular, the exact address of the site, access conditions (see Article 3), a telephone number where the customer can be contacted on the day of delivery and, for business customers, the company name and intra-Community VAT number.The order is final and the sale is concluded as soon as one of the following conditions is met: the order has been confirmed and the price paid on the website; Sun Distribution has received the signed quotation accompanied by the required payment.The order cannot then be cancelled or amended without the prior written consent of Sun Distribution, subject to the consumer’s right of withdrawal (Article 5).
The customer will receive an order confirmation by email. This summarises the products ordered and their prices, delivery charges and delivery times, the warranty terms, Sun Distribution’s contact details and, for consumers, the conditions for exercising the right of withdrawal and the withdrawal form.In exceptional circumstances, Sun Distribution reserves the right to cancel an order that appears to be irregular. This applies where there is doubt regarding the customer’s identity, the ownership of the payment method or the delivery address, or where technical means are used to circumvent the ordering or payment system. Sun Distribution may then request any relevant supporting documentation from the customer, in writing or by email. If the customer fails to provide this within 8 days, Sun Distribution may cancel the order, notifying the customer in writing, and will refund the customer within a maximum of 14 days.
Article 3 – Delivery and Transport 3.1 Delivery areas.
Sun Distribution delivers to mainland France (excluding Corsica and the islands, unless a specific quotation has been provided), Belgium and Switzerland. The customer may also collect their order free of charge from one of our warehouses, following confirmation that it is ready for collection.
3.2 Delivery method.
Depending on the volume of the order and the delivery area, delivery is carried out: either by Sun Distribution using its own vehicles; or by a carrier appointed by Sun Distribution. The delivery method is specified to the customer upon order confirmation. Products are delivered to the address specified in the order, usually on pallets.
3.3 Access and unloading conditions.
Delivery is made at the foot of the vehicle, on the nearest road to the delivery address. The vehicle may be a lorry or a semi-trailer, possibly fitted with a tail lift. The customer must ensure that the site is accessible to a heavy goods vehicle and that a suitable unloading area is available (stable ground, free of obstacles). They must highlight any specific constraints when placing the order: narrow streets, weight restrictions, lack of parking, etc.Unless otherwise specified when placing the order, the unloading of the pallet, its handling and its placement on site are the customer’s responsibility. If delivery cannot take place due to circumstances attributable to the customer (absence, impossible access, incorrect information), the costs of a redelivery or storage will be charged to the customer.
3.4 Delivery times.
Delivery times are indicated on the website or in the quotation, for guidance only for business customers. They commence from the date the sale is concluded, as defined in Article 2. As a guide, the delivery times are as follows: mainland France: 3 to 10 working days;
Belgium: 5 to 15 working days;
Switzerland: 7 to 20 working days, excluding customs clearance times.
The delivery date is agreed with the customer by telephone or email. The customer undertakes to be present, or to arrange for a representative to be present, to take delivery of the goods. For consumer customers, in the absence of a specified delivery time, delivery shall take place no later than 30 days after the conclusion of the contract.
3.5 Delayed delivery (consumer customers). In the event of a delay in delivery not due to force majeure, the consumer customer may require Sun Distribution, in writing, to make the delivery within a reasonable additional period. If delivery is not made within this period, they may terminate the contract by registered letter or by email, in accordance with Articles L.216-6 et seq. of the Consumer Code. Sun Distribution shall then refund all sums paid, no later than 14 days following the date on which the contract was terminated.
3.6 Transfer of risk. For consumer customers, the goods are transported at Sun Distribution’s risk. Risk passes when the customer, or the person designated by them, takes physical possession of the products. For business customers, risk passes upon handover of the products to the first carrier, or when they are made available in the event of collection from a depot.
3.7 Receipt and reservations. The customer must check the condition and number of parcels and pallets in the presence of the delivery driver. In the event of any missing, damaged or non-compliant products, the customer must note specific, dated and signed reservations on the delivery note. The phrase ‘subject to unpacking’ has no legal validity.
Delivery by a carrier: the customer must confirm their reservations to the carrier by registered letter within 3 days of receipt (Article L.133-3 of the French Commercial Code), and must inform Sun Distribution by email within the same timeframe, providing supporting photographs.
Delivery by Sun Distribution: the customer must inform Sun Distribution of their reservations by email within 48 hours, supported by photographs. These formalities enable Sun Distribution to safeguard its rights vis-à-vis the carrier. They do not deprive the consumer of the statutory guarantees provided for in Article 6.
3.9 Deliveries to Switzerland. Products delivered to Switzerland are exported free of French duties. Customs duties, Swiss import VAT and any customs clearance charges are payable by the customer, unless otherwise stated on the quotation. These are payable to the carrier or to the Swiss customs authorities. The customer shall provide the information required for customs formalities.
Article 4 – Prices – PaymentPrices are quoted in euros:
consumer customers: inclusive of all taxes, including VAT applicable in the country of delivery
;business customers: excluding tax;
deliveries to Switzerland: excluding French taxes (see Article 3.9). Prices are exclusive of delivery charges.
These are shown to the customer before the order is confirmed and depend on the delivery area, the weight and the volume of the order. The prices displayed are valid for the period indicated on the website or on the quotation. They apply to any order received before the expiry of this period. After this period, Sun Distribution reserves the right to amend its prices. Products are invoiced at the price in force at the time the order is confirmed. Payment for orders placed on the website is made in full at the time of ordering via [carte bancaire / virement / PayPal]. Orders based on a quotation are paid by bank transfer to [avant l'expédition / avec un acompte de XX % à la commande et le solde avant livraison].To ensure the security of online payments, transactions are carried out via the secure platform at [nom du prestataire de paiement], which uses the SSL/TLS encryption protocol. Sun Distribution does not have access to the customer’s bank details at any time.
Business customers: for business customers with an open account, subject to Sun Distribution’s approval, invoices are payable within [30 days of the invoice date]. Any delay in payment shall automatically, without prior notice, give rise to: late payment penalties equal to three times the statutory interest rate; and a fixed compensation payment of €40 for recovery costs (Articles L.441-10 and D.441-5 of the Commercial Code).No discount is granted for early payment. The invoice is sent to the customer by email at the time of dispatch or delivery.
Retention of title: the products remain the property of Sun Distribution until full payment of their price has been made. Any payment default entitles Sun Distribution to suspend the fulfilment of all outstanding orders and to refuse any new orders from the customer, without the customer being entitled to claim damages or compensation.
Article 5 – Right of withdrawal (consumer customers only)
In accordance with Article L.221-18 of the Consumer Code, consumer customers have a period of 14 days from receipt of the products to exercise their right of withdrawal, without having to provide any reason. Where the period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day. This right does not apply to business customers.The customer must inform Sun Distribution of their decision before the period expires, either by email to contact@centrale-ite.com, by post, or by returning the withdrawal form attached to the order confirmation.The customer must return the products within 14 days of notifying Sun Distribution of their decision, to the following address: Sun Distribution – Centrale ITE, [adresse du dépôt de retour]. The cost of returning the goods is borne by the customer. Given the weight and volume of the products, these costs may be high: for guidance only… The customer may also arrange for collection with Sun Distribution, which will be charged at the rate provided on request. The products must be returned in their original packaging, unopened, complete and in perfect condition for resale. In particular, bags of plaster, buckets and panels must be intact. The customer may be held liable in the event of any deterioration in the products resulting from handling other than that necessary to establish their nature and characteristics (Article L.221-23 of the Consumer Code). Customers are therefore advised to retain the original packaging until the withdrawal period has expired.In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for products made to the customer’s specifications or which are clearly personalised. This includes, in particular, products cut to size, custom-mixed plaster or paint colours, and special orders not featured in the catalogue.In the event of withdrawal, Sun Distribution will refund all sums paid, including the initial delivery charges based on the standard delivery method, no later than 14 days from the date on which it is informed of the customer’s decision. However, it may defer the refund until the products have been returned or until the customer has provided proof of their dispatch. The refund will be made using the same payment method as that used for the order, unless otherwise agreed by the customer. Should the refund not be made within this period, the sums due shall automatically be increased in accordance with the conditions set out in Article L.242-4 of the Consumer Code.
Article 6 – Warranties and LiabilityIt is the customer’s responsibility to ensure that the products ordered meet their requirements and are compatible with their installation and project. Before placing an order, the customer had the opportunity to obtain detailed information from Sun Distribution. The installation of the products must comply with best practice, the relevant Technical Standards for Construction (DTU), Technical Assessments (Avis Techniques) or ETE in force, and the manufacturers’ specifications. Sun Distribution cannot be held liable for any defect resulting from non-compliant installation, improper storage or unsuitable use.Given the nature of the products sold, Sun Distribution recommends that the customer store them flat, on their pallets, protected from rain, frost, damp and prolonged exposure to sunlight. EPS and wood fibre insulation materials, in particular, must be protected from UV rays and water. Mortars and renders must be stored in a dry, frost-free place and used before their use-by date.
Consumer customers. Sun Distribution is bound by the statutory guarantee of conformity (Articles L.217-3 et seq. of the Consumer Code) and the guarantee against hidden defects (Articles 1641 to 1649 of the Civil Code).
Statutory guarantee of conformity: the consumer has a period of 2 years from the date of delivery of the goods to take action. They may obtain repair or replacement of the goods, or, failing that, a price reduction or the termination of the contract. They are not required to prove the lack of conformity for 24 months from the date of delivery.
Warranty against hidden defects: the consumer may take action within two years of discovering the defect. They may choose between rescission of the sale and a price reduction.
Business customers.
The warranty is limited to the statutory warranty against hidden defects and, where applicable, to the warranty provided by the manufacturer. Sun Distribution’s liability is limited to the replacement or refund of products recognised as defective, to the exclusion of any indirect damage, in particular installation and removal costs or loss of business.If the customer considers that the products delivered are defective, faulty or non-compliant, they must notify Sun Distribution in writing (by registered letter or email) as soon as possible after discovery. They must specify the nature and extent of the problem and provide all relevant supporting documentation: photographs, batch numbers, invoices. The customer must allow Sun Distribution and, where applicable, the manufacturer every opportunity to carry out the necessary investigations.If these findings confirm that the products are defective, faulty or non-compliant, Sun Distribution shall replace them free of charge. It shall then bear the costs of returning the products and dispatching the replacements. If it is unable to replace them, it shall refund the customer the price of these products, without prejudice to the consumer’s rights under statutory guarantees.
Article 7 – Force majeure
Sun Distribution may be released from all or part of its obligations, without being liable for damages or compensation, in the event of force majeure within the meaning of Article 1218 of the Civil Code preventing or delaying the delivery of the products ordered. The following, in particular, are considered to be cases of force majeure:
storms, fires, floods and severe weather events; serious equipment failures;
war; transport disruptions, roadblocks or customs delays; supply shortages at manufacturers; changes to the laws or regulations applicable to the products sold; strikes, whether total or partial; and, more generally, any event beyond Sun Distribution’s control.In the event of force majeure, Sun Distribution shall notify the customer as soon as possible, by post or email. Its obligations shall then be automatically suspended, without compensation of any kind, from the occurrence of the event until its conclusion.However, if the impediment lasts for more than one month, the customer may terminate the contract by registered letter with acknowledgement of receipt or by email, without this giving rise to any entitlement to damages or compensation for either party. Sun Distribution shall then refund the customer the full amount paid, within a maximum of 14 days following notification of the termination.
Article 8 – Personal Data
The data recorded by Sun Distribution constitutes proof of the content and date of the order. It is stored under secure conditions in accordance with the relevant regulations.The personal data collected is necessary for the processing of orders and deliveries. It is only disclosed to service providers involved in fulfilling the order: carriers, payment service providers and hosting providers. The processing of this data is described in the Privacy Policy, which is available online.In accordance with the GDPR and the amended Act No. 78-17 of 6 January 1978, the customer has the right to access, rectify, erase, restrict the processing of, object to and request the portability of their data. These rights may be exercised by emailing contact@centrale-ite.com or by post to Sun Distribution – Centrale ITE, 91 allée des Sapins, 26500 Bourg-lès-Valence.
Article 9 – Mediation (consumer customers)
Any complaint must first be addressed to Sun Distribution’s customer service department by email or post. If no amicable solution is reached within two months, the consumer may, free of charge, refer the matter to the consumer ombudsman responsible for Sun Distribution, in accordance with Articles L.612-1 et seq. of the Consumer Code:
Lolita Thivolle
Article 10 – Applicable law – Disputes
These general terms and conditions of sale and all sales made by Sun Distribution are governed by French law. This law governs any dispute relating to their interpretation, formation or performance.For consumer customers residing in Belgium or Switzerland, this choice does not deprive them of the protection afforded to them by the mandatory provisions of the law of their country of residence. The consumer may, at their discretion, bring proceedings before the court of the place where they were resident at the time the contract was concluded or the event giving rise to the claim occurred, or any other competent court in accordance with the applicable rules.For business customers, any dispute shall fall within the exclusive jurisdiction of the Commercial Court of Romans-sur-Isère, including in the event of multiple defendants or third-party proceedings.
Article 11 – Election of domicile
Sun Distribution elects domicile at the following address: Sun Distribution – Centrale ITE, 91 allée des Sapins, 26500 Bourg-lès-Valence, France, as well as on its website [www.centrale-ite.fr].All correspondence relating to sales, and in particular any complaints, must be sent by post to the above address or by email to contact@centrale-ite.com