Terms & Conditions

Effective date: 22 May 2025

These Terms & Conditions ("Terms") govern the access to and use of the website www.dayastone.com (the "Site") and the purchase of any natural‑stone products or related services (the "Products") offered by Xiamen Daya Import & Export Co., Ltd. (trading as "Daya Stone", "we", "us", or "our"). By browsing the Site, creating an account, or placing an order, you acknowledge that you have read, understood and agree to be bound by these Terms.

These Terms are drafted in accordance with:

European Union legislation on consumer protection, including Directive 2011/83/EU on Consumer Rights, Directive 2000/31/EC on E‑commerce, and the General Data Protection Regulation (EU) 2016/679 ("GDPR").
People’s Republic of China (PRC) law, including the E‑Commerce Law (2019), the Civil Code (2021), and the Law on the Protection of Consumer Rights and Interests (2022).

Nothing in these Terms limits or excludes any non‑waivable rights granted to consumers under mandatory EU or PRC legislation.

1. Company Information

Xiamen Daya Import & Export Co., Ltd.
Unit 18C‑A 258, Dongdu Road, Huli District, Xiamen City, Fujian Province, China
Tel: +86‑592‑5631310
Email: info@dayastone.com
VAT/Tax Registration No.: 91350206MA353E**** (PRC)

2. Definitions

Definitions

"Consumer" – a natural person acting outside their trade, business, craft or profession.
"Business Customer" – any customer that is not a Consumer.
"Custom Product" – Products manufactured or cut to non‑standard dimensions, finishes, or specifications supplied by you.
"Writing" – includes e‑mail and electronic communications unless mandatory law requires a hard‑copy document.

3. Scope of Application

These Terms apply to all quotations, offers, confirmations, contracts and deliveries relating to the Products, unless a separate written contract signed by both parties expressly varies them. Your general terms and conditions (if any) are hereby rejected.

4. Eligibility & Account Security

You must be at least 18 years old, possess legal capacity, and reside in a jurisdiction where the purchase of our Products is lawful. You are responsible for keeping your account credentials confidential and for all activities carried out under your account.

5. Information Accuracy

We strive to ensure that all Product descriptions, technical data, images, and prices shown on the Site are accurate. Minor colour variations are unavoidable with natural stone. Should we discover a material error, we will correct it and, if the error affects an order you have placed, offer you the option to proceed at the correct terms or cancel without charge.

6. Formation of Contract

A legally binding contract is formed only when we confirm your order in Writing or dispatch the Products. We reserve the right to refuse or cancel any order prior to dispatch and will refund any payments you have made in such cases.

7. Prices, Taxes & Payment

Currency & VAT – Prices are shown in USD or EUR. Where EU VAT applies, the price displayed includes VAT at the rate applicable in your member state. Business Customers purchasing under a valid VAT number will be supplied VAT‑exclusive where permitted by law.
Import Duties – Deliveries outside China may be subject to import duties, customs fees or local taxes levied in the destination country. These costs are payable by you and are not included in the Product price or shipping fee unless expressly stated.
Payment Methods – We accept bank transfer, PayPal, major credit cards and irrevocable letter of credit at sight. Payment is due in full prior to dispatch unless otherwise agreed in Writing. All transactions are processed via secure, PCI‑DSS‑compliant payment providers.

8. Delivery, Risk & Title

Incoterms® – Unless otherwise agreed, deliveries are made FOB Xiamen Port (Incoterms® 2020). Risk of loss passes to you upon delivery to the carrier.
Estimated Dates – Delivery dates are indicative. We will keep you informed of delays and offer a new date or the option to cancel with a full refund if the delay exceeds 30 days beyond the original estimate.
Inspection on Arrival – You must inspect the Products on receipt and notify us of any visible damage or shortage in Writing within 48 hours. Hidden defects must be notified within 7 days of discovery and in any event within 2 years of delivery for Consumers (statutory guarantee period).

9. Right of Withdrawal (EU Consumers Only)

Standard Products – If you are a Consumer residing in the EEA, you have the right to withdraw from the contract within 14 days of receiving the Products without giving any reason.
Custom Products – The right of withdrawal does not apply to Custom Products (Article 16(c) of Directive 2011/83/EU).
How to Exercise – Notify us by e‑mail or use the model withdrawal form provided in Annex A. You must return the Products within 14 days of giving notice. You bear the direct cost of return unless the Products were faulty or mis‑described.
Refunds – We will reimburse all payments received (including standard outbound shipping costs) within 14 days of receiving the returned Products or proof of return, via the same payment method, less any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.

10. Returns & After‑Sales Service

For Business Customers or where the withdrawal right does not apply, returns are accepted only with our prior Written consent and subject to a 20 % restocking fee. This clause does not affect mandatory rights under PRC or EU consumer law where applicable.

11. Warranty & Conformity

Statutory Guarantee (EU Consumers) – We guarantee that the Products conform to the contract for 2 years from delivery, in line with Directive (EU) 2019/771.
Remedies – Where conformity is lacking, you may request repair, replacement, or a proportionate price reduction. If repair or replacement is impossible or disproportionate, you may rescind the contract.
Excluded Damage – Natural variations in colour, tone or veining, or damage caused by improper installation, storage, or cleaning are excluded.

12. Limitation of Liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any liability which cannot be limited under applicable law. Subject to the foregoing, our aggregate liability shall not exceed the invoiced price of the Products giving rise to the claim. We shall not be liable for indirect, consequential or punitive damages, including loss of profit, business, contracts, goodwill or data.

13. Intellectual Property

All content on the Site (including photographs, text, graphics, trademarks and logos) is protected by PRC and international intellectual‑property laws. You may not reproduce, distribute or otherwise use any content without our prior Written permission.

14. Data Protection & Cookies

We process personal data in accordance with the GDPR and the PRC Personal Information Protection Law. Please refer to our Privacy Policy for detailed information on how we collect, use and safeguard your data, and to our Cookie Policy for the use of cookies and similar technologies.

15. Prohibited Conduct

You agree not to:

Use the Site for any unlawful purpose or in violation of any applicable law.
Upload or transmit viruses or malicious code.
Undertake any activity that disrupts or interferes with the Site or the servers and networks supporting it.

16. Termination & Suspension

We may suspend or terminate your account and access to the Site with immediate effect if you breach these Terms or any applicable law. Termination shall not affect our accrued rights or your payment obligations.

17. Force Majeure

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, transport interruptions, or shortages of raw materials.

18. Governing Law & Dispute Resolution

Governing Law – These Terms and any contract between the parties are governed by the laws of the People’s Republic of China, without prejudice to mandatory consumer‑protection provisions of your country of residence.
Jurisdiction – Any dispute shall be submitted to the competent courts of Xiamen, PRC, unless you are a Consumer domiciled in the EU, in which case you may bring proceedings in your local court pursuant to Article 18(2) of Regulation (EU) 1215/2012.
ODR Platform – If you are an EU Consumer, you may also use the European Commission’s Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr.

19. Amendments

We may amend these Terms from time to time. The version displayed on the Site at the time of your order forms part of the contract between us. We will notify registered users of material changes by e‑mail.

20. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be deemed deleted and the validity of the remaining provisions shall not be affected.

21. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Refund Policy and any documents expressly referred to herein, constitute the entire agreement between you and us and supersede all prior understandings.

22. Contact Us

If you have any questions about these Terms or require assistance, please contact us at:

Xiamen Daya Import & Export Co., Ltd.
Unit 18C‑A 258, Dongdu Road, Huli District
Xiamen City, Fujian Province 361006, PRC
Tel: +86‑592‑5631310
E‑mail: info@dayastone.com