Last update: 06/11/2025
For the purposes of the following provisions, the following definitions apply:
– Client: Refers to the professional.
– Product: Refers, in the singular or plural, to any equipment, material or finished or semi-finished goods, assembled or not, wholesale or retail, presented in the company's catalog(s) and in any other physical or digital location or under any circumstances.
– Professional: Any natural or legal person who, for the needs of their professional activity, purchases the product to distribute, install, or sell it directly or indirectly, with or without modification.
– Company: Refers to MAISON CADIOU.
Subject to special provisions, they govern all sales regardless of the place of delivery or the client's nationality.
Differentiated general conditions covering all the following provisions may be established by category of professionals or by professional, according to conditions specific to them or any particular contract.
The general conditions are governed by the clauses below and by French laws and regulations in force for anything not provided for herein.
In compliance with the law, the company reserves the right to refuse to sell.
Placing an order implies full and unconditional acceptance by the buyer of these general conditions of sale. No special condition may, unless formally and expressly accepted by the seller in writing, prevail over the general conditions of sale. Any contrary condition set by the buyer will, in the absence of express acceptance, be unenforceable against our Company, regardless of when it may have been brought to its attention.
The fact that our Company does not invoke any of these general conditions of sale at a given time cannot be interpreted as a waiver of the right to invoke any of said conditions later.
Exceptional commercial cooperation agreements may be signed in special cases.
The choice of equipment is made under the client's responsibility, who must, prior to ordering, seek information if necessary. When ordering from a physical or digital catalog, only the statements therein may be relied upon.
Equipment or services designated in orders accepted by the company are intended to meet the client's normal needs. Normal needs are those corresponding to the usual functions of equipment in an environment without particular constraints. Any special need will only be considered if declared to and expressly accepted by the company.
Equipment, regardless of delivery or installation location and destination, is deemed to comply only with the French standards applicable at the order date. Any request for compliance with other standards constitutes a special need.
Equipment or services are assumed to be delivered or performed in an environment compatible with their characteristics or functions and in prior compliance with safety requirements and standards applicable to the client.
The client therefore guarantees that this environment allows effective and normal operation of the equipment sold in compliance with these rules.
If the equipment sold must be connected to other equipment not supplied by the company, it is deemed compatible with them and with any applicable standards.
Orders are only final once confirmed in writing by our Company.
Our Company is only bound by orders taken by its employees subject to written confirmation. Acceptance may also result from shipment of products. Any delivery, installation, or service performed without protest from the client within 8 days will be deemed to have been ordered by the client.
Anything not expressly included in the company's order confirmation is excluded, even if it concerns ancillary or accessory services.
Any modification or cancellation of an order requested by the buyer can only be considered if received in writing within 72 hours after the order confirmation date by MAISON CADIOU.
The Company reserves the right not to follow up in any case.
Our Company reserves the right to make any changes it deems useful to its products at any time, except in the case of manufacturing based on a plan signed by the buyer, and without obligation to modify previously delivered or ordered products. It reserves the right to modify, without prior notice, the models defined in its brochures and catalogs.
Delivery is made by handing over to a shipper or carrier at the premises of Maison Cadiou.
The transfer of risks on the products occurs as soon as they leave the warehouses of Maison Cadiou.
As a result, goods travel at the buyer's risk, except in the case of a sale concluded \"free of charge for shipping\".
Delivery times communicated by Maison Cadiou are indicative only.
Exceeding the delivery time cannot give rise to penalties, damages, or justify cancellation of the order.
Furthermore, Maison Cadiou may, by right, suspend or delay ongoing contracts without penalty or damages in the event of force majeure or unforeseen circumstances such as war, riot, local or national strike, fire, water damage, machine breakdown, or any other cause beyond the seller's or its suppliers' control. In all cases, the seller must inform the buyer of the problems encountered and seek equitable solutions with them.
Maison Cadiou is authorized to make deliveries in whole or in part.
In any case, delivery can only take place if the buyer is up to date with their obligations to our Company, whatever the cause.
Without prejudice to measures to be taken with the carrier, claims for damage, shortages, apparent defects, or non-conformity of the delivered product to the ordered product or shipping note must be made by registered letter with acknowledgment of receipt within 48 hours of delivery.
The buyer must provide all justification for the reality of defects or anomalies found. They must allow the seller every opportunity to verify these defects and remedy them. They must refrain from intervening themselves or having a third party intervene for this purpose.
Any product return must be subject to prior and formal agreement between the seller and the buyer. Any product returned without such agreement will be held at the buyer's disposal and will not result in a credit note.
Return costs and risks are always borne by the buyer.
– Our products benefit from the legal warranty against hidden defects under the following clauses and conditions.
The warranty only covers hidden defects that, within the legal warranty period, appear on the goods supplied, excluding their peripheral equipment or supports if not included in the ordered goods.
Excluded from the warranty are defects or malfunctions of any kind resulting from normal wear, improper use, lack of maintenance, force majeure, any voluntary or involuntary damage, whatever the origin, or any modification of the product not expressly accepted by the company.
Discoloration of materials resulting from exposure, weather, or environment is not a defect and is therefore not covered by the warranty.
– The warranty runs from the day of delivery. Its duration cannot be extended by any intervention by the Company, in accordance with the following provisions, within this period.
It is subject, without extension of its period, to the condition that the products benefiting from it have been paid for under the conditions stated above, as well as under special conditions.
It is not transferable in case of transfer of the equipment or materials benefiting from it, except with the express agreement of the Company.
– The warranty is implemented under the following conditions:
Upon discovery of the defect, the client must report it no later than eight days by mail. Failing this, the warranty can no longer be invoked.
The Company undertakes, as soon as it is informed of the defect, to intervene as soon as possible. If its intervention must be carried out at the client's premises, the client undertakes to facilitate it by interrupting production if necessary.
The warranty may be handled directly by the Company or by any person substituting for it.
– The warranty is limited to the repair and/or replacement of the defective part or equipment. It does not cover material or immaterial consequences that this defect may cause directly or indirectly.
Removal and reinstallation costs, as well as any transport or travel expenses of the company's employees, remain the client's responsibility.
Products may benefit from a contractual warranty, the content of which is defined by product or by professional.
The contractual warranty may thus be subject to special clauses or conditions that can only be invoked if expressly granted, either due to the nature of the product when expressly and unconditionally attached to it, or due to the identity of the professional to whom it is specially granted.
Except for its duration and scope, the contractual warranty, subject to express derogatory clauses, is subject to the clauses and conditions of the legal warranty stated above.
Products are invoiced at the price in effect at the time of order. Prices are exclusive of tax. Any tax, duty, or other charge payable under applicable regulations is the responsibility of the purchaser.
Unless otherwise specified, invoices are payable in cash without discount upon receipt of goods.
Any delay automatically incurs late interest calculated at three times the legal interest rate, running from the due date until payment, plus a €40 collection fee.
Any payment is applied first to late interest, then to the principal.
If the Company is forced to initiate proceedings to recover its claim, the client, in addition to any compensation to which they may be condemned under Article 700 of the French Code of Civil Procedure, will pay a lump sum equal to 15% of the order amount excluding tax to cover administrative costs.
Any deterioration of the buyer's credit may justify requiring payment before executing received orders. Maison Cadiou reserves the right, at any time, depending on the risks incurred, to set a ceiling on each client's outstanding balance and to require certain guarantees.
The seller retains ownership of the products sold until full payment of the price, principal and accessories. Delivery of a document creating an obligation to pay (bill of exchange or other) does not constitute payment under this clause. Failure to pay any installment may result in the recovery of the goods.
To this end, the buyer expressly authorizes the seller and its agents (employee, carrier, bailiff, etc.) to enter, without prior notice, their store, reserves, annexes, and surroundings, and to remove the products subject to the retention of title clause up to the amount of the seller's claim.
In case of partial payment, products in the buyer's possession are presumed to be those still unpaid.
The above provisions do not prevent, from delivery, the transfer to the buyer of the risks of loss or deterioration of the goods and any damage they may cause.
In case of damage, destruction, or disappearance of unpaid products, the seller will automatically be the owner of the insurance compensation subrogated to the goods concerned.
The buyer is authorized, in the normal operation of their business, to resell the delivered products, but may not pledge them or transfer ownership as security.
Authorization to resell may be withdrawn by the seller in case of default or late payment by the buyer.
In case of resale of the products by the buyer, the claim for the price of products not yet paid to the buyer will belong to the seller.
In case of difficulties in forming or executing agreements between the buyer and seller, any dispute will be subject to the exclusive jurisdiction of the Commercial Court of QUIMPER, regardless of the purchase or payment methods provided for in these agreements, even in the event of a warranty claim or multiple defendants and regardless of the buyer's nationality or the destination of the product.
In any case, only French law applies. The buyer must justify the alleged grievances.
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