Business sales terms

These general terms and conditions of sale govern all sales concluded by GEDO France, a single-member simplified joint-stock company with share capital of €30,000, registered with the Marseille Trade and Companies Register under number 494 021 678, whose registered office is at 565 avenue du Prado, 13008 Marseille, France (hereinafter ‘GEDO’). They prevail over any purchasing terms of the buyer unless GEDO expressly agrees otherwise in writing; every order constitutes unconditional acceptance of these terms.

1. Orders

Orders become final upon acceptance by GEDO, evidenced by an order acknowledgement. Any cancellation by the buyer entitles GEDO to compensation equal to 10% of the amount concerned, which may be deducted from deposits paid. Our quotations are valid for 30 days from their issue date unless otherwise stated.

2. Prices

Our prices are net, exclusive of VAT, ex warehouse; packaging, handling and transport are charged additionally. The applicable price is the price list in force when the order is placed. Prices may be revised to reflect changes in supplier prices, customs duties, taxes or freight costs occurring between order and delivery; the buyer benefits from decreases and bears increases, without prior notification.

For orders paid on the website, the total price confirmed when the order is placed is fixed; no increase will be charged without the customer’s prior agreement.

3. Delivery and lead times

Goods travel at the buyer’s risk, regardless of the transport method, including carriage-paid or cash-on-delivery shipments. The recipient checks the goods on arrival and submits any reservations to the carrier within 3 days; after 5 working days, no claim is admissible. Lead times are indicative and non-binding; no delay entitles the buyer to damages or a price reduction. If goods are not collected within 5 working days of being made available, an order for standard goods is deemed cancelled and the cancellation compensation applies; for manufactured or adapted equipment, or equipment undergoing after-sales service, storage charges of €5 per day per occupied square metre may be invoiced.

4. Force majeure

GEDO is not liable for non-performance or delay caused by force majeure or an event beyond its reasonable control, including failure or closure of a supplier’s factory, supply shortages, strikes, fire, disaster, epidemic, administrative measures or transport failure. Obligations are suspended for the duration of the event; if it exceeds 60 days, either party may terminate the order without compensation.

5. Claims

All claims must be notified by registered letter with acknowledgement of receipt within the statutory deadlines. A claim does not alter invoice due dates. No return is accepted without GEDO’s written agreement; all returns are at the customer’s expense.

6. Warranties

The warranty is that provided by the manufacturers’ workshops, limited to replacement of technical parts recognised as defective, excluding wear parts (seals, valves, nozzles, etc.) and labour. It becomes void in the event of repairs outside our workshops without approval, lack of maintenance, damage, or use contrary to the manufacturer’s instructions. Defective parts must be returned carriage paid for inspection; equipment downtime gives no entitlement to compensation or extension. Between professionals in the same specialist field, the warranty against hidden defects is excluded to the extent permitted by law.

7. Limitation of liability

GEDO’s liability for all causes combined is limited to the amount of the order concerned, exclusive of VAT. GEDO is not liable for indirect losses (loss of business, production, customers or data). These limitations do not apply in cases of gross negligence or wilful misconduct, or to personal injury.

8. Payment

Unless agreed otherwise in writing, payment is by bank transfer or cheque when the order is placed. GEDO may require payment before dispatch if there are doubts about the buyer’s solvency. No discount is granted for early payment.

For orders paid on the website, card payments are accepted through Stripe.

9. Retention of title

GEDO retains ownership of the goods until the price has been paid in full; risk passes on delivery (Article 3).

10. Returns

Subject to the factory’s agreement, new standard goods in perfect resale condition may be taken back with a deduction depending on the equipment and brand; carriage is at the customer’s expense.

11. Late-payment penalties

Any late payment automatically incurs, without formal notice, interest at 12.15% per annum (Article L441-10 of the French Commercial Code) and a fixed recovery charge of €40 (Article D441-5); an administrative charge of €100 may be added. In the event of a breach of these terms, GEDO may, after formal notice by registered letter with acknowledgement of receipt remaining without effect for 20 days, cancel existing agreements and declare all amounts immediately due.

12. Trade accounts and subcontracting

Only companies with an approved trade account benefit from specific terms. GEDO reserves the right to subcontract all or part of its services, requiring equivalent data-protection safeguards from subcontractors.

13. Intellectual property

The GEDO brand, logos, catalogues, images, product sheets and technical documentation remain the exclusive property of GEDO and are protected. Any reproduction, distribution or reuse, in whole or in part, is prohibited without GEDO’s prior written authorisation.

14. Data protection (GDPR)

GEDO processes its customers’ professional data for commercial and accounting administration and relationship management, in accordance with Regulation (EU) 2016/679 and French Act No. 78-17 of 6 January 1978. The data protection officer (DPO) is Mr Ivan Thiriez. Data are intended for GEDO’s internal departments and subcontractors, are not sold or rented for marketing without consent, and are retained for six years plus the current year after the relationship ends. They are protected by appropriate measures (firewalls, antivirus protection, SSL/HTTPS encryption). The buyer has rights of access, rectification, erasure, restriction and objection, exercisable at https://gedo.fr/nous-contacter.html or by post to the registered office; the full policy is available on request.

15. Severability and non-waiver

The invalidity or unenforceability of one clause does not affect the validity of the remaining provisions, which remain in force. GEDO’s failure to invoke a clause does not constitute a waiver of its right to invoke it subsequently.

16. Governing law and jurisdiction

These terms are governed by French law. FAILING AN AMICABLE AGREEMENT, ALL DISPUTES FALL WITHIN THE EXCLUSIVE JURISDICTION OF THE MARSEILLE COMMERCIAL COURT, INCLUDING IN THE CASE OF MULTIPLE DEFENDANTS OR THIRD-PARTY PROCEEDINGS.