Refund and Return Policy

Last updated: 1 July 2025

1. Purpose and Scope

This Refund Policy explains when and how customers of Xiamen Daya Import & Export Co., Ltd. (“Daya Stone”, “we”, “us”) may obtain a refund, replacement or credit for natural‑stone products purchased directly from us. It is drafted to meet:

EU consumer‑protection standards – in particular Directive 2011/83/EU on Consumer Rights (14‑day right of withdrawal and minimum two‑year legal guarantee) and related national laws (eur-lex.europa.eueuropa.eu);
Chinese law governing exporters and manufacturers – chiefly the PRC Civil Code (2021), the Product Quality Law (2000, as amended) and associated tort‑liability provisions (iclg.comen.most.gov.cn);
The commercial realities of the international stone trade, including individualised cutting, colour variation, Incoterms® risk transfer and maritime transport.

Unless expressly stated otherwise, “customer” below refers to both EU “consumers” (B2C) and commercial importers (B2B).

2. Right of Withdrawal for EU Consumers

Standard Items – If you are an EU consumer buying stock “off‑the‑shelf” items via distance selling, you may cancel the contract without giving reasons within 14 calendar days of (a) receipt of the goods or (b) the last delivery in a split consignment. You must notify us in writing (e‑mail is sufficient) and return the goods within a further 14 days. We will reimburse all payments, including the original outward freight, within 14 days of receiving the returned goods or evidence that they were sent back (eur-lex.europa.eumimit.gov.it).
Exclusions – The withdrawal right does not apply to “goods made to the consumer’s specifications or clearly personalised” (Directive 2011/83/EU, Art. 16), such as stone that has been cut, tumbled, antiqued, bevelled, colour‑selected or engraved to order (eur-lex.europa.eu).
Return Freight – Under EU rules, you bear the cost of return freight unless we have expressly offered to collect the goods. Given the weight and fragility of stone, palletised sea freight returns are rarely economical; contact us first so we can propose a mutually acceptable solution (e.g., local resale, disposal or partial refund).

3. Quality Guarantee & Non‑conformity

Two‑Year EU Legal Guarantee – For consumer customers, any lack of conformity appearing within two years of delivery triggers your right to free repair, replacement or (if impossible or disproportionate) a price reduction or full refund (europa.eu).
Commercial Buyers – For B2B customers, the contractual inspection/claim period stated on the pro‑forma invoice applies (default: 7 days after arrival at the destination port for visible defects; 30 days for latent defects). Claims lodged later will be processed in good faith, but we reserve the right to reject them if proof of manufacturing fault is insufficient.
Natural Variation – Colour, veining, porosity and minor dimensional tolerances are inherent to natural stone and do not constitute defects unless they fall outside the agreed specification or industry tolerances (EN 12057/ASTM standards).
Evidence – All quality claims must be supported by high‑resolution photos, the packing‑list number, independent inspection or laboratory reports where appropriate. Under the PRC Product Quality Law and Civil Code, we must investigate and, if a defect is confirmed, “promptly adopt remedial measures such as suspension of sale, recall, replacement or refund” (iclg.comdehenglaw.com).

4. Remedies

Repair or Replacement – Wherever feasible, we will prioritise supplying conforming replacement pieces in the next container or via air freight for urgent cases.
Price Reduction/Credit Note – If only part of a shipment is affected and you can still use the rest, we may agree on a pro‑rated credit usable against your next order.
Full Refund – Granted where:
- defects are material and cannot be remedied within a reasonable time;
- goods were lost or irreparably damaged before risk transfer (e.g., FOB Xiamen, before loading); or
- EU withdrawal right is valid and exercised on time.
  Refunds are made to the original payment method within 14 days of confirmation.

5. Allocation of Transport Risks and Costs

Unless otherwise agreed, exports ship FOB Xiamen/FOB Fuzhou under Incoterms® 2020. Risk passes to the buyer when the goods are loaded on board the vessel; maritime insurance is the buyer’s responsibility.
If damage occurs after risk transfer but results from inadequate packaging proven to be our fault, we will compensate or replace the affected tiles/slabs.
For CIF/CFR shipments arranged by us, we will claim against the carrier or insurer on your behalf and, upon settlement, reimburse you or ship replacements.

6. Refund Procedure (All Customers)

Step 1 – Notice: E‑mail service@dayastone.cn within the applicable claim period, attaching evidence.
Step 2 – Acknowledgement: We confirm receipt within 2 working days and may request additional information or a third‑party survey.
Step 3 – Resolution Proposal: Within 10 working days, we propose repair, replacement, credit or refund.
Step 4 – Implementation: Once we agree on the remedy, we issue paperwork (credit note, RMA number, replacement PI) and settle payment or dispatch replacements.

7. Refund Timing

All approved refunds are processed within 14 days of (i) receipt of returned goods, or (ii) written confirmation that return is unnecessary. Funds are remitted by bank transfer in the original settlement currency; intermediary bank fees, if any, are deducted only where the buyer bears return freight.

8. Limitation of Liability

Nothing in this Policy limits or excludes liability:

for death or personal injury caused by our negligence;
for defective‑product damage under PRC law or the EU Product Liability Directive;
where prohibited by applicable law.

For purely commercial losses (lost profit, project delay penalties, etc.), our liability is capped at the invoiced value of the defective shipment, unless mandatory law provides otherwise (cicc.court.gov.cn).

9. Dispute Resolution

Amicable Settlement – We aim to resolve all issues through negotiation.
EU Consumers – You may also use the European Commission’s Online Dispute Resolution (ODR) platform.
Governing Law & Jurisdiction – Unless overridden by mandatory consumer law, contracts are governed by the UN CISG and supplemented by Chinese law. Any dispute not amicably settled within 30 days shall be submitted to the Xiamen Arbitration Commission; the award is final and binding and may be enforced under the New York Convention.

10. Contact

Sales Dept.
Tel.: +86‑592‑5631310
E‑mail: info@dayastone.com
Address: Unit 18C-A 258, Dongdu Road, Huli District, Xiamen City, Fujian Province, China

This policy will be reviewed annually or earlier if EU or PRC legislation changes.