Terms and conditions of sale

1. PREAMBLE AND ACCEPTANCE

These general terms and conditions of sale (the “Terms”) govern any sale of products made by Céragrès to any buyer, whether a consumer or a business client, whether the sale is concluded in-store, remotely, or otherwise.

Any order, signature, payment, written confirmation, or taking possession of merchandise constitutes an express, full, and unconditional acceptance of these Terms, which irrevocably bind the customer.

No contrary or additional condition of the customer shall bind Céragrès unless expressly accepted in writing by Céragrès.

2. DEFINITIONS

For the purposes of these Terms, the following definitions apply:

“Full Box”: The manufacturer’s original packaging unit, sold as a whole, containing a predetermined quantity of Products as established by the manufacturer, which may not be divided, except where Products are expressly sold individually by Céragrès.

“Distribution Center”: Céragrès’ facilities located at 825 Deslauriers Street, Saint-Laurent (Québec) H4N 1X3.

“Céragrès”: Refers to Groupe Carreaux Céragrès Inc., including its divisions, branches, and authorized representatives.

“Customer”: Any natural or legal person who purchases, orders, or takes possession of Products from Céragrès.

“Professional Customer” or “B2B Customer”: Any natural or legal person acquiring a Product for commercial, professional, entrepreneurial, or industrial purposes, including contractors, developers, designers, architects, and installers.

“Order”: Any request to purchase Products made by a customer and accepted by Céragrès, including regular and special orders.

“Regular Order”: Any order for Products kept in inventory by Céragrès at the time of sale.

“Special Order”: Any order for Products not kept in inventory, imported upon request, custom-made, cut, personalized, or specially ordered for a customer.

“Consumer”: Any natural person who acquires a Product for personal, family, or household purposes, within the meaning of the Consumer Protection Act.

“Pickup”: The taking possession of Products by the customer or its representative at Céragrès’ facilities.

“Order Date”: The date on which the Order is placed and accepted by Céragrès.

“Availability Date”: The date on which Products are received by Céragrès and are available for delivery or pickup, or the customer’s requested delivery or pickup date, whichever occurs first.

“Requested Delivery Date” or “Requested Pickup Date”: The date indicated by the customer for delivery or pickup, provided for information purposes only.

“Delivery”: The transfer of Products to the address designated by the customer, by Céragrès or a third party.

“Product(s)”: Any goods sold by Céragrès, including but not limited to tiles, natural stone, plumbing products, countertops, accessories, installation materials, and related products.

3. SCOPE AND DISTINCTION OF LEGAL REGIMES

These Terms apply to all sales of Products made by Céragrès, subject to mandatory provisions applicable to consumers.

Where the customer is a Consumer, the provisions of the Consumer Protection Act shall prevail in case of conflict.

Where the customer is a Professional Customer, these Terms constitute a fully negotiated contract within the meaning of the Civil Code of Québec, and consumer-protection rules are excluded to the extent permitted by law.

4. FORMATION OF THE CONTRACT

The sale becomes final and binding upon the occurrence of the first of the following events:

a) signing of the order or quotation;

b) full or partial payment;

c) written confirmation by Céragrès;

d) taking possession of the Products.

No modification or cancellation is permitted after this point, unless agreed to in writing by Céragrès.

It is the customer’s responsibility to verify the accuracy of the Order prior to confirmation, including product descriptions, references, models, formats, colors, finishes, and quantities. Any confirmed Order is deemed to reflect the customer’s intent. Céragrès assumes no responsibility for ordering errors, including errors made by the customer, installer, contractor, or any other third party.

5. PRICES, TAXES, AND PAYMENT TERMS

Prices are stated in Canadian dollars, exclusive of taxes. Applicable taxes are those in effect at the time of shipment or pickup.

Accepted payment methods include cash, electronic funds transfer (EFT), debit card, and Visa or MasterCard credit cards.

Payment terms, including required deposits, vary depending on whether the Order is a Regular Order or a Special Order, as detailed in Sections 6 and 7.

For any Order with a total value under two thousand dollars ($2,000) before taxes, full payment is required at the time of order, except for Professional Customers with an account in good standing.

For Professional Customers with an approved account, amounts will be charged in accordance with previously established credit terms.

Céragrès reserves the right to refuse, suspend, or delay any order, delivery, or pickup in the event of non-payment, without liability.

6. REGULAR ORDERS

Ordered quantities are determined under the sole responsibility of the customer. It is the customer’s responsibility, or that of their installer or contractor, to verify required quantities. Céragrès assumes no liability for calculation errors, surplus or insufficient quantities, losses, cuts, breakage, or unused materials.

For any Regular Order totaling two thousand dollars ($2,000) or more before taxes, a minimum deposit of fifty percent (50%) is required at the time of order, except for Professional Customers with an account in good standing.

Tiles are sold by Full Box only, unless expressly sold individually or otherwise agreed to in writing by Céragrès.

Availability and delivery timelines for Regular Orders are estimates only and may vary without liability.

7. SPECIAL ORDERS

Special Orders are firm, final, and non-cancellable upon acceptance by Céragrès.

For any Special Order totaling two thousand dollars ($2,000) or more before taxes, a minimum deposit of fifty percent (50%) is required at the time of order. This deposit is non-refundable, except for Professional Customers with an account in good standing.

The balance is payable no later than forty-eight (48) hours before the scheduled delivery or pickup date.

All costs related to Special Orders, including importation, transportation, customs, handling, and fixed pallet fees, are the customer’s responsibility.

Delivery and production timelines are estimates only. Céragrès provides no guarantee and assumes no responsibility for delays caused by suppliers, carriers, customs authorities, or circumstances beyond its control.

No exchange, return, refund, or cancellation is accepted for Special Orders.

8. CLEARANCE OR DISCONTINUED PRODUCTS

Products identified as clearance or discontinued are sold “as is,” without warranty, exchange, return, or refund.

Full payment is required at the time of sale.

No reservation or storage is permitted for clearance or discontinued products.

9. RESERVATION AND STORAGE

Subject to clearance or discontinued products, merchandise may be reserved at Céragrès’ discretion, subject to payment of a deposit.

9.1 Partially Paid Orders

For Orders not paid in full, storage fees of fifty dollars ($50) per pallet per month apply starting on the thirty-first (31st) day following the Availability Date.

9.2 Fully Paid Orders

Fully paid Orders may be stored free of charge for up to ninety (90) days following the Availability Date. Thereafter, storage fees of fifty dollars ($50) per pallet per month apply starting on the ninety-first (91st) day.

All storage fees are non-refundable and payable monthly.

Any merchandise not claimed within one hundred eighty (180) days of the Order Date is deemed abandoned and may be disposed of by Céragrès without notice or compensation.

10. DELIVERY

Transportation, handling, and delivery fees are the customer’s responsibility, non-refundable, and valid for thirty (30) days.

Quoted delivery fees are estimates and may vary depending on logistics, distance, and number of deliveries required.

Requested delivery dates are provided for information only and do not constitute a guarantee.

The customer must ensure safe and unobstructed access to the delivery site. Céragrès and its carriers are not required to remove footwear.

Any visible damage or non-conformity must be noted on the delivery slip and reported in writing within forty-eight (48) hours, failing which the Products are deemed accepted.

Delivery modifications must be requested at least forty-eight (48) hours in advance. Failed deliveries may result in additional fees.

Risk of loss transfers to the customer upon delivery.

10.1 Use and Installation of Products

The customer must inspect Products upon receipt and before installation. Any installation or use constitutes final acceptance of the Products.

No claim may be made after installation for defects that were reasonably detectable prior to installation.

11. PICKUP

Pickup takes place at the Distribution Center under applicable hours and conditions.

The customer must inspect Products at pickup. Any visible issue must be reported immediately.

Administrative fees of one hundred dollars ($100) may apply for pickups requiring less than forty-eight (48) hours’ notice.

The customer is solely responsible for ensuring that the vehicle used is suitable and safe. Transportation risks transfer upon pickup.

12. CLAIMS, EXCHANGES, AND RETURNS

Any claim, exchange, return, or cancellation must be pre-approved by Céragrès.

All transportation and handling costs related to returns are the customer’s responsibility.

Subject to consumer rights, approved returns are subject to a restocking fee of thirty-five percent (35%) of the sale price before taxes.

Returns are accepted within thirty (30) days of delivery or pickup, provided Products are unused, in original packaging, and returned by Full Box.

No return or refund is accepted for Special Orders, customized Products, countertops, installation materials, or clearance/discontinued Products.

13. INSTALLATION

Installation is the customer’s responsibility and must be performed by a qualified installer.

Céragrès provides no installation, design, or technical services and assumes no liability for improper installation.

14. WARRANTIES

Subject to consumer rights, Products are covered only by manufacturer warranties, if any.

Warranty claims must be addressed directly to the manufacturer.

Céragrès’ liability is strictly limited to the purchase price of the Products.

15. MANUFACTURING AND APPEARANCE VARIATIONS

Products may exhibit normal variations in shade, size, texture, and finish.

Samples, photos, and displays are for reference only and are non-contractual.

Such variations do not constitute defects.

16. RETENTION OF TITLE

Products remain the property of Céragrès until full payment is received.

In the event of non-payment, Céragrès may repossess the Products at the customer’s expense.

17. FORCE MAJEURE

Céragrès is not liable for delays or failures due to force majeure or circumstances beyond its control.

18. LIMITATION OF LIABILITY

Céragrès shall not be liable for indirect or consequential damages. Total liability is limited to the purchase price of the Products.

19. GENERAL PROVISIONS

These Terms constitute the entire agreement and are governed by the laws of Québec and Canada. Any dispute shall be subject to the courts of the judicial district of Montréal. Céragrès reserves the right to modify these Terms at any time.