ToS - Terms of Sales

TERMS OF SALES:

1  Orders: Any delivery of order implies the unreserved acceptance of the buyer to the present conditions, except written agreement of our part appearing on the acknowledgment of receipt of order. Orders are deemed final as soon as they are accepted by GÉDO. Any cancellation of the order entitles to an indemnity of 10% of the amount in question, which can be directly deducted from deposits or deposits paid.

2  Price: Our prices are net excluding ex warehouse, all packing, handling & transport costs extra. The price to be paid is that of the rate in effect when ordering.

Price revision: Prices are subject to possible changes, including, but not limited to, imported goods, vendor rate changes, customs duties, taxes, shipping charges. As a result, the buyer benefits from any decline or support any increase occurred between the order and delivery, without the need for notification to the buyer before delivery.

3  Delivery: The goods are supplied from our warehouse and travel at the risk of the buyer, regardless of the mode of transport chosen, even against payment or in the case of a free. GÉDO declines any responsibility for any delays, damages, missing which can be noticed on the arrival. The consignee must, at the latest within 3 days of reception, proceed to the recognition of the goods on arrival, and, in case of problem, make the official complaints to the carrier. In the event of liability of GÉDO, no complaint will be admissible after a delay of 5 working days.

  • Delivery time: Delivery times for all goods and services, including special products are always given as an indication and without commitment. No delay can lead to opening against GÉDO a claim for damages or reduction of the selling price. The delivery date indicated is that of provision in our stores or delivery to the carrier.
  • Delivery: In the case where the customer, duly informed of the availability of his order, would not take delivery of the goods within 5 working days, the order is deemed de facto canceled by the customer in the case of goods standard, and the termination indemnity applies. In the case of materials specially manufactured or adapted for the customer, as well as in the case of materials in SAV, GÉDO reserves the right to claim a guarding fee of € 5 per day of the m2 occupied (value revisable annually), until with removal or cancellation of order.

4  Claims: Claims must be served by registered letter within the legal time limit. No claim of the buyer can change the day of the due date of the invoices. No merchandise may be returned or exchanged without our written consent. All returns are the responsibility of the customer.

5 Warranty: They are those of the workshops that manufacture the devices we sell. The warranty becomes void & the seller's liability is released when repairs or changes have been made outside our workshops without our approval, when the equipment has not been maintained, when they have been damaged by the buyer, the user or third parties, when they were used under conditions not provided for in normal use by the manufacturer, when they were used with products not provided for this purpose or not approved by GÉDO. In any case, the guarantee is limited to the pure and simple replacement of faulty technical parts, excluding wear parts (seals, valves, nozzles, etc. ...) and labor costs, and the warranty does not extend to damages resulting directly or indirectly from the causes indicated above. Defective parts must be returned to us free of charge and without delay, to allow us to check whether they are covered by the warranty. Any part recognized as defective is replaced free of charge from our shop or repaired in our workshop. In case of immediate need of replacement part, the new part is sent in cash on delivery, and if the subsequent warranty diagnosis is positive, the price of the part will be refunded. The immobilization of the equipment can in no case give rise to compensation or extension of the guarantee.

6  Payment: Whatever the terms of payment provided, GÉDO may require payment before each shipment, when he has doubts about the creditworthiness or credit of the buyer. After opening an account, your payment terms will be: Transfer or check with the order.

7  Retention of Title: Ownership of the goods is acquired by the buyer only after full payment to GEDO.

8  Returns: With agreement of the factory, the new goods can be taken back by GÉDO with a price cut according to the material / mark, and the port paid by the customer, provided that these goods are in perfect state of resale and series.

9  Penalties: In case of non-compliance with the general conditions of sale, all the specific conditions & contracts concluded can be canceled by GEDO and all the deadlines rendered immediately due, after formal notice by registered letter with acknowledgment of receipt remained ineffective during 20 days. In the event of late payment, without the prior written consent of GÉDO, a handling fee of € 100 may be charged and the statutory interest specified on the invoice will start to run, without it being necessary for a specific procedure to be implemented. square. This does not prejudge any damages that may be claimed for late payment or non-payment. Any late payment will result in the payment by the customer of an indemnity of 40 € (article D.441-5 Code Commerce)

10 Opening an account:B enefit from specific conditions only companies with an open account.

11 Assignment of jurisdiction: Only the Commercial Court of our head office will be competent for all current or future relations between the parties.

12 Confidentiality of personal data & user content:

For the purposes of commercial relations, it is agreed that the Company is required to use personal data concerning individuals and entities. As part of the law on the protection of personal data (GDPR) the company undertakes to implement sufficient measures to:

  • Respect the instructions related to the processing of personal data in the context of the GDPR according to its contractual commitments
  • Implement appropriate technical and organizational measures to protect Customer Personal Data against accidental or unlawful destruction, accidental loss, alteration, misuse, unauthorized disclosure or access, as well as against any other form of illicit treatment.
  • Do not use the Customer Personal Data for his own account or for the account of third parties and do not transfer them without the prior written authorization of the Customer.
  • Ensure that persons authorized to process personal data are contractually bound to an obligation of confidentiality.
  • Ensuring the security and confidentiality of Personal Customer data entrusted and processed within the framework of the Service.
  • Take all necessary measures to ensure the processing of personal data in accordance with best practices in information security.
  • Provide all useful information, to fulfill the obligations of the User, particularly in terms of notification of data breach or performing donation analysis
  • Maintain a record of the categories of data and associated processing, as part of the provision of service, support and associated commercial.
  • Make available to the User, at his request, information necessary to confirm compliance with the obligations provided for personal data.

12.1 Privacy Policy and Protection of Personal Data: In the context of the Company's business, the Company collects personal information of Physical Person and Legal Person, necessary to provide make offers / orders / invoices. The nature of the Data Processing, the list of Personal Data processed and categories of data subjects are defined in this Data Protection Policy document. As part of the Data Protection Regulation (GDPR), the Company undertakes to process data in compliance with applicable laws and regulations, and in particular Law No. 78-17 of 6 January 1978 relating to the information, files and freedoms (hereinafter the "Data Protection Act"), and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data (hereinafter the "GDPR"). As such, the Company has implemented a personal data protection policy, in order to actively contribute to the respect of Users' personal data. The Company reserves the right to modify its data protection policy; in this case, a notice will be sent with a minimum notice of thirty (30) business days, before the effective date of said changes.

12.2 Data Processing Officer - DPO: The Company has appointed Data Protection Officer (DPO), the Data Controller in the person of Ivan Thiriez. Any questions relating to the protection and confidentiality of the data may be sent to the Company via the form http://gedo.fr/nous-contacter.html or by mail to Gedo France, 14 Bld Joseph Vernet, 13008 Marseille France.

12.3 Collected data: The Company collects data from customers and prospects in order to establish a commercial offer and monitor the progress of our commercial relations.

The Company collects, or may collect:

  • The name / surname of our business partners
  • The name of their company
  • The address of the company
  • The professional telephone number
  • The professional email address
  • Billing information, such as name and billing and / or delivery address.

In particular, the Company collects this information in order to contact the customer in order to exchange his interest in our products and / or send commercial information. The customer's email addresses and any personal information of the User will not be communicated to third parties, unless express consent of the customer.

The customer can refuse at any time to be contacted by filing his request via the form https://tecna.gedo.fr/en/contact-us.

The email address is not communicated or shared except with the consent of the User.

12.4 Purpose of processing: Personal data collected is used by the Company to send commercial / accounting documents to natural and legal persons.

The collected data are intended for the following treatments:

  • Supply of Products / Services
  • Assistance
  • Analysis of commercial history
  • Commercial and accounting management
  • Compliance with regulatory obligations
  • Company Information

Recipient of data

The personal data collected is intended for:

  • To the commercial and accounting departments of the Company
  • To the technical services and support of the company
  • To the subcontractor companies, in the framework of the good execution of the Service and the Payment of the Service
  • The Company does not assign or rent the personal data to third parties for marketing purposes, without the express consent of Users
  • The disclosure of personal data to third parties may only occur in the following cases:
  • Upon authorization from them;
  • At the request of the legally competent authorities, on judicial requisition, or in the context of a legal dispute.

12.5 The data retention period: To meet the legal obligations relating to Commercial Management and Corporate Invoicing and in the context of the NF Certification of the software, but also in order to have the necessary elements to assert its rights, the Company keeps records of the data in the conditions provided by the regulations. Thus, the personal data collected by the Company relating to the identity and contact details of the customer, as well as the data processed and the traceability and use of the Data may be archived for a maximum period of six (6) years, plus the current year, after the interruption of the use of the Service.

12.7 User rights: In accordance with the regulations, the User has the right to access and rectify his personal data, to modify, complete, update or delete data. The customer may also benefit from the rights to request the limitation of the processing, and to oppose for legitimate reason the processing of his personal data. In addition, the customer can provide instructions on the fate of his personal data in the event of death.

The User may exercise his rights via:

  • A form: https://tecna.gedo.fr/en/contact-us
  • A letter sent to: Gedo France, 14 Bld Joseph Vernet, 13008 Marseille France. The User can also, at any time, modify his own data by connecting to the Service and modifying his profile information. He can also suppress his access.

12.8 Security and data protection implemented: The Company undertakes to take all necessary measures to preserve the security of the User's personal data and to protect them against any attempt at unauthorized access, dissemination destruction, loss, alteration, as well as against any other form of unlawful processing or communication by unauthorized persons.

These measures include, but are not limited to, the following:

  • Multi-level firewall
  • Anti-virus of known notoriety and detection of intrusion attempts on the servers
  • SSL / https / VPN data encryption
  • Measures to detect and block fraudulent account attempts
  • Other non-public measures

Any questions regarding the security of the Service can be addressed via:

  • A form: https://tecna.gedo.fr/en/contact-us
  • A letter sent to: Gedo France, 14 Bld Joseph Vernet, 13008 Marseille France. 

13 Subcontracting: The Company reserves the right to subcontract all or part of the Services. The Company undertakes to inform and contract any subsequent subcontractor recruitment by requesting the presentation of sufficient guarantees regarding the protection of personal data and the establishment of the GDPR in its own legal entity.