General terms and conditions of sale.

1. General information.

These general terms and conditions of sale apply to spare parts and consumables (also referred to as "supplies"), and services, present or future, marketed by our company CAZENEUVE SAS (also referred to as "seller") to its professional or private customers (also referred to as "buyer").

Unless otherwise agreed in writing, any order placed with CAZENEUVE SAS implies acceptance of our general terms and conditions of sale as defined below, to the exclusion of any other terms or conditions that the purchaser may attempt to impose on any type of document. Until final acceptance of the order by CAZENEUVE SA as defined below, the latter reserves the right to modify or refuse in part or in whole any order from a customer. All other provisions of the purchaser's general conditions of purchase are null and void. The sales contract shall only become binding after receipt by CAZENEUVE SA of the order acknowledgement signed by the customer and/or the receipt of the deposit and the financing agreement if necessary.
Any modification of the sales contract requested by the customer will be the subject of a new sales contract following the same procedure as defined above.

Any verbal or telephone order must be the subject of a signed written confirmation by the buyer. The buyer is required to mention on his order forms the reference to the offer made, the types, references, quantity, price and technical characteristics as they appear in the catalogues, price lists or offers of CAZENEUVE SAS.

The sales contract is perfect only subject to express acceptance of the order by the seller and payment by the buyer of the first term in accordance with the contractual conditions.

The data appearing in the catalogues, technical descriptions, circular prospectuses, advertisements and price lists, are approximate indications and are only binding if the contract expressly refers to them.

The studies, quotes, plans, drawings and documents of any kind drawn up by CAZENEUVE SAS or its factories are provided for information only and are only binding on the supplier if they become contractual and are duly signed. They remain our exclusive property. They cannot be, without our authorization given in writing, used by the buyer, neither copied, nor reproduced, nor transmitted, nor communicated to third parties for any reason whatsoever. They must be returned on simple request from us.

CAZENEUVE SAS reserves the right to modify its range even after order confirmation to take account of progress and technical developments that have occurred in the meantime.

Our offers are valid within the limit indicated on them.

2. Contract.

Buyer may select spare parts, repair services and training services for "CAZENEUVE" brand machine tools from Seller's product range and accumulate these items in a virtual shopping cart by using the " Add to Cart ". If the "Order" button is used, the buyer submits a binding request to purchase the goods and services contained in the basket. Before sending the order, the buyer can consult and modify his data at any time. However, the request can only be submitted and transferred if the buyer accepts the terms and conditions of this contract by checking the box "I have read and I accept the general conditions", thus including them in his request.

The seller automatically sends the buyer a confirmation of receipt of the order by e-mail, which contains a copy of the buyer's order and can be printed using the "Print" function. An automatic acknowledgment merely documents receipt of the buyer's order by the supplier and does not constitute acceptance of the order. The contract does not exist until the supplier sends a notification of acceptance in a separate e-mail (order confirmation).

The buyer can view previous orders in his customer account.

The language of the original contract is French.

All prices shown on the seller's website are subject to VAT at the current rate.

The photographs and images showing the products for sale on this website are provided for illustrative purposes only and are not contractually binding.

Product photographs are provided for illustrative purposes only and are intended to give users a general idea of the appearance of the products offered for sale. The photographs may not accurately reflect the actual appearance, dimensions, colours, specifications or other characteristics of the products as delivered. Variations may occur due to factors such as lighting conditions, the User’s screen resolution, manufacturing processes, or other circumstances.

The use of product photographs on this website does not constitute a contractual offer or a warranty of any kind on the part of the Seller. Users are expressly informed that the actual appearance or characteristics of the products may differ from those shown in the product photographs.

Le vendeur décline toute responsabilité en cas de différence entre les photographies des produits et les produits réels vendus. Les utilisateurs sont encouragés à poser des questions, à obtenir des éclaircissements et à vérifier toutes les informations nécessaires avant de procéder à un achat.

3. Terms of payment – ​​late payment.

Payments are due in full, without discount or deduction, at CAZENEUVE SAS’s registered office. Payment in instalments may, however, be offered by PayPal. In such cases, CAZENEUVE shall not be held liable for any dispute arising in connection with this payment method.

Unless otherwise specified, the terms of payment are as follows:
Spare parts: payment in advance.

Acceptance by us of payment by draft does not constitute either novation or derogation from the above clause. The costs of discount and collection remain the responsibility of the buyer. Items sent to the buyer for acceptance must be returned to us within 8 working days of receipt.

In the event of late payment, we reserve the right to charge late payment interest calculated at the rate of 3 times the legal rate and deducted from the day following the date of payment appearing on the invoice, without the need for a reminder. . In addition, a fixed compensation of €40 will be due for recovery costs, which may be increased on receipts if the recovery costs were higher than this sum. This amount will be immediately payable from the first day of overdue, in accordance with Articles L. 441-6 and D. 4415 of the Commercial Code.

The customer can only assert a right of retention or a right of set-off if he proves against the seller an indisputable claim or an enforceable title.

4. Late Payment on Installment Payments.

In the event of installment payments expressly agreed with CAZENEUVE SAS, any delay in payment of one of the installments entails ipso facto, without prior formal notice, the payment of all sums due. Failure to pay an invoice on its due date suspends any subsequent delivery by CAZENEUVE SA and authorizes CAZENEUVE SA to terminate the contract as of right and without prior notice, by simple notification.

5. Retention of title clause.

Pursuant to Law No. 80.335 of 12.05.1980, the seller remains the owner of the equipment delivered until full payment of the full price regardless of where the equipment was delivered. Any clause to the contrary, in particular inserted in the general conditions of purchase of the buyer, is deemed unwritten.

The customer is authorized, in the normal exercise of his activity and subject to regular payment and due date of all his invoices, to sell the supplies subject to retention of title. In the event of transfer of supplies subject to retention of title, the customer undertakes to inform, in writing, its own customers and all third parties concerned of the existence of this clause and of the seller's right to claim from their hands the price resale of these supplies under article L.624-18 of the commercial code.

In the absence of payment of a single fraction of the price on the agreed due dates and 15 days after formal notice, by simple registered letter with acknowledgment of receipt which has remained unsuccessful, the sale will be automatically canceled if we see fit. The seller may immediately recover all the supplies concerned without any particular formality and without prejudice to any damages.

After returning or taking back the supplies sold subject to retention of title, the seller shall be entitled to resell them; from the resale of this assignment will be deducted the sums due by the customer as well as all the costs generated by the recovery and then by the assignment.

All costs and expenses related to the recovery of supplies or the collection of receivables will be borne by the customer. In the event of deterioration of the supplies taken back, the seller will be entitled to request the payment of compensation to cover the repair costs.

6. Delivery.

The following conditions apply with regard to the delivery time, delay in delivery, guarantee and transfer of risks relating to the delivery and, where applicable, the assembly of spare and spare parts (hereinafter “Parts”) ordered outside of the execution of all Repair Work / Services provided by CAZENEUVE SAS:

The responsibility for the specification and technical description of the Parts to be delivered by CAZENEUVE SA rests with the customer. Any indications or advice from CAZENEUVE SAS relating to the choice of appropriate spare or spare parts are given for information only insofar as CAZENEUVE SA accepts the customer's order without having assessed the object / machine on which the Part must be mounted.

Delivery times run from the later of the dates below:
– date of collection of the payment of the totality or the deposit by our financial department;
– date of return by the buyer of the order acknowledgment with his signature and stamp.

Delivery dates are given for information only and are understood to be ex works.
The seller is automatically released from any commitment relating to the execution time in the case:
– where the order acknowledgment has not been returned by the buyer with his acceptance;
– where the terms of payment are not met;
– where information, documents, equipment or test parts have not been provided by the buyer in due time;
– where, at the request of the buyer, modifications are made during the execution of the order;
– force majeure.

CAZENEUVE SAS cannot be held responsible for a postponement, for the non-execution, in whole or in part, of the contract insofar as a case of force majeure or fortuitous event, beyond our control, occurs after conclusion of the contract. In particular, are considered as cases of force majeure, natural disasters, floods, fires, earthquakes, terrorist attacks, social unrest, strikes - including within the premises of the buyer or third parties as soon as when these are likely to have repercussions on our services - as well as the measures taken by the government.

It being understood that we will send, at the request of the buyer, all the necessary supporting documents and certificates.

7. Transfer of Risk.

For business customers, the risks associated with transportation shall pass to the buyer under the conditions set forth in these General Terms and Conditions, subject to any mandatory applicable legal provisions.
For consumers, the transfer of risk shall take place in accordance with the mandatory provisions of the French Consumer Code.
In the event of any apparent damage identified upon delivery, the buyer is advised to make the necessary reservations with the carrier and to notify CAZENEUVE as soon as possible.
The consumer’s rights under the statutory guarantee of conformity and other applicable legal provisions are not affected by these provisions.

8. Packaging.

CAZENEUVE SAS reserves the right to determine the most appropriate type of packaging for its goods. Any special packaging required by the customer will be charged in addition to the normal selling price.

9. Reception.

In the absence of a contrary agreement, the services will be accepted as soon as they are completed. Spare parts will be accepted upon delivery. The acceptance of an order for spare parts by the seller does not engage his responsibility on his choice if he has not appraised the machine on which the parts must be mounted. Any indications or advice from the seller relating to the choice of spare parts are given for information only.

In the event that the service or the spare part does not comply with the contractual stipulations, the seller will be required to remedy the lack of conformity. No claim may be made by the customer in this respect if the defect is insignificant with regard to the interests of the buyer or if this defect proves to be attributable to the buyer. The buyer cannot refuse acceptance in the absence of a major defect.

In the event that acceptance is delayed without this being attributable to the seller, acceptance will be deemed to have been made at the end of a period of 15 days from the announcement of the completion of the work.

Once acceptance has taken place, no claim can be presented to the seller for apparent defects, provided that the customer has not previously expressed reservations about a precisely identified defect.

These provisions shall not affect the statutory rights to which consumers are entitled, including those relating to the legal guarantee of conformity and the legal guarantee against hidden defects.

10. Returns, Right of Withdrawal and Refunds for Supplies

10.1. Statutory Right of Withdrawal Applicable to Consumers

In accordance with the provisions of the French Consumer Code, consumers have, in the case of distance contracts, a period of fourteen (14) days from receipt of the supplies in which to exercise their statutory right of withdrawal, without having to provide any reason for their decision.
This right of withdrawal applies to consumers under the conditions provided for by applicable laws and regulations. It does not apply to business customers where the statutory conditions for exercising the right of withdrawal are not met.
Consumers may exercise their right of withdrawal directly through their customer account, using the functionality provided for this purpose on the CAZENEUVE website. They may also exercise this right by making any unambiguous statement expressing their decision to withdraw from the contract.
Consumers must return the supplies concerned without undue delay and, in any event, no later than fourteen (14) days after notifying CAZENEUVE of their decision to withdraw.

The direct costs of returning the supplies shall be borne by the consumer.

The consumer shall be liable for any depreciation of the supplies resulting from handling other than that necessary to establish their nature, characteristics and proper functioning. Accordingly, the opening of the packaging and inspection of the supplies are permitted to the extent necessary for such examination. However, assembly, installation, use or any other handling beyond what is necessary for such examination may, where it results in depreciation of the supplies, give rise to a reduction in the amount refunded corresponding to the depreciation actually incurred.
The exercise of the right of withdrawal may not be refused solely on the grounds that the supplies have been unpacked or handled. However, CAZENEUVE may take into account any depreciation actually incurred by the supplies, in accordance with the provisions of the French Consumer Code.
Refunds shall be made in accordance with applicable legal provisions. They shall cover the amounts actually paid by the consumer, including the initial delivery costs corresponding to the standard delivery method offered by CAZENEUVE. Any additional costs resulting from the consumer’s express choice of a delivery method more expensive than the standard method shall not be refunded.
CAZENEUVE may withhold the refund until the supplies have been recovered or until the consumer has provided proof of dispatch, whichever occurs first.
The refund shall be made using the same payment method as that used for the order, unless the consumer expressly agrees to a different method of refund and provided that such refund does not incur any fees for the consumer.
The right of withdrawal does not apply to goods or services for which an exception is provided for by law. This includes, in particular, goods made to the consumer’s specifications or clearly personalised, subject to the conditions set out in the French Consumer Code.
The provisions of this Article relating to the right of withdrawal shall not affect the consumer’s right to exercise any rights arising from statutory warranties or any other applicable legal provision.

10.2. Commercial Returns at the Buyer’s Request

Irrespective of the statutory right of withdrawal, CAZENEUVE may, as a commercial gesture, accept the return of supplies at the buyer’s request, subject to the conditions set out in this Article.
Such commercial returns do not constitute an exercise of the statutory right of withdrawal and shall not have the purpose or effect of limiting any rights to which consumers are entitled under applicable laws and regulations.
Unless otherwise agreed in advance by CAZENEUVE, commercial returns must be made within a maximum period of fifteen (15) days following receipt of the supplies.

To be eligible for a commercial return, the supplies must:

• must not have been used;
• must not have been assembled or installed, even for a brief trial;
• must be returned in its original packaging, insofar as such packaging is necessary for its resale;
• must be complete and in good condition;
• must be returned within the time period specified above.

CAZENEUVE reserves the right to refuse any commercial return that does not comply with these conditions.
Where a commercial return is accepted at the buyer’s request for a reason that does not result from an error on the part of CAZENEUVE, a lack of conformity, or a defect covered by a statutory or contractual warranty, CAZENEUVE may charge fees corresponding to the receipt, inspection and storage of the supplies.

These fees shall be set at a flat rate of 10% of the amount excluding VAT of each supply returned. 10% of the amount excluding VAT of each supply returned.

This 10% deduction constitutes a condition of the commercial return and shall not apply to the exercise of the statutory right of withdrawal.
Transport, shipping and handling costs associated with the commercial return shall be borne by the buyer.
Unless otherwise agreed, no replacement of the returned supplies shall be provided. Where the return is accepted, the buyer shall be refunded in accordance with the terms applicable to the relevant return and may, if desired, place a new order for the required supplies.

10.3. Returns Due to an Error, Lack of Conformity or Defect

Where supplies have been delivered in error, do not correspond to the order placed, present a lack of conformity, or are covered by an applicable statutory or contractual warranty, the provisions relating to commercial returns at the buyer’s request, including the flat-rate 10% deduction, shall not apply.
CAZENEUVE shall inform the customer of the applicable return procedure for the situation concerned.
Consumers’ rights under the statutory guarantees of conformity and against hidden defects shall remain applicable under the conditions provided for by law.

10.4. Return Procedure

All returns must be sent to the address provided by CAZENEUVE.
To facilitate the identification and prompt processing of the return, CAZENEUVE may ask the customer to include with the package the information required to identify the relevant order and supplies.
The absence of such information shall not, in itself, deprive consumers of their statutory right of withdrawal where applicable.
Upon receipt, CAZENEUVE shall inspect the supplies and inform the customer of the outcome of their request.
The practical arrangements for refunds shall depend on the regime applicable to the return: statutory right of withdrawal, commercial return, statutory warranty or contractual warranty.

11. Services.

Services are understood to mean all interventions by the seller on the premises of the buyer relating to the start-up of machines, repairs, maintenance or any other services requiring the skills of the seller.

The buyer undertakes to provide, if necessary, assistance (staff, tools, lifting, etc.) for the proper performance of the services.

The buyer is obliged to provide in good time, at his own expense and risk, for all preliminary work. He must also respect all the recommendations issued by the seller, ensure the safety of the workers and offer suitable working conditions at the place of intervention. As such, the buyer undertakes, among other things, to clean the elements on which operations must be carried out. In the absence of a prevention plan drawn up beforehand between the parties, the buyer must also inform the technicians involved of the general and/or specific safety instructions in force within his company.

The services included in our prices, such as the commissioning of machines, tests, training, or any other service requiring our skills, are carried out by the seller's staff according to the agreement concluded when the order is placed. The staff is only delegated to the buyer after notice from the latter that the supply has been brought to work and that the preparatory work has been fully completed. The duration of the service provision is estimated according to the importance and complexity of the work to be carried out. All work and additional costs related to malfunctions, work interruptions, postponements due to the purchaser resulting in an extension of the duration provided for the performance of services, will be invoiced in addition to the purchaser under the conditions in force at the time of of these services. Insofar as this period is exceeded by us, we will bear the costs resulting from the intervention of our employees.

Services not included in our prices are the subject of an offer. The duration of the intervention is estimated according to the importance and complexity of the service. Given the many parameters that the seller cannot reasonably control at the time of the diagnosis carried out prior to the establishment of the estimate, we are subject to an obligation of means. Consequently, certain services may include work and/or additional parts which will be the subject of a specific mention, subject to approval and attributable to the buyer without the initial offer being called into question.

In the event that the service cannot be provided for reasons not attributable to the seller, in particular when:
– The malfunction or breakdown for which our staff travels, does not occur or cannot be observed;
– The customer has not kept the appointment agreed for the performance of the services;
– The customer terminates the contract while the service is being performed;
The seller reserves the right to invoice all costs incurred for its execution.

Upon completion of the services, and in any event at the end of each working week, the buyer must verify and countersign the certificates, intervention reports, relating to the qualitative and quantitative details of the service provided by our cares.

In the event of an incident or accident occurring on the buyer's or seller's premises, the seller's liability is limited to its own personnel.

12. Contractual guarantee in mainland France.

For consumers, this contractual warranty shall apply without prejudice to the statutory warranties to which they are entitled, including the statutory guarantee of conformity and the statutory guarantee against hidden defects.

Except under special conditions, for 12 months (3 months for standard, rebuilt or second-hand exchange supplies) from receipt of the supply (provided that this takes place within 15 days of commissioning and 30 days following the delivery of the equipment), the seller undertakes to carry out, free of charge, any repairs which may prove necessary to maintain the supply in good working order.

The buyer will nevertheless be responsible for the transport costs if the supply can only be repaired in our workshops.

If, at the time of the implementation of the guarantee, the supply is no longer on the delivery site, the travel costs of the seller's staff will be borne by the buyer.

The responsibility of the seller cannot be sought for visible defects, the buyer must proceed upon receipt of the equipment to all the technical controls in use.

This warranty, which is granted only to the purchaser and which does not extend to persons to whom he may transfer the supply for any reason whatsoever, is limited to the replacement during the periods defined above, of the parts recognized as defective, the seller reserving the right to modify the devices in order to satisfy this warranty or to replace the parts recognized as defective. Parts that have been replaced free of charge remain our property. The buyer must give us the time and the opportunity to make any changes or deliver the replacement supplies that appear necessary. The buyer will make available, on request, the necessary personnel to help the seller in this work.

Repairs, modifications or replacement of parts during the warranty period shall not have the effect of extending the warranty periods defined above.

The warranty ceases automatically if the buyer undertakes, on his own initiative or with the help of a third party, repair work or makes changes to the equipment supplied.

The benefit of the guarantee necessarily ceases if the buyer has not satisfied his payment obligations.

Similarly, the warranty does not apply to replacements or repairs resulting from deterioration or accidents resulting from negligence, defective assembly, lack of supervision and/or maintenance, improper use. intentional or inadequate material, improper maintenance, unsuitable foundation work or support, chemical, electrochemical or electrical factors, insofar as these are not attributable to the seller.

The seller is not liable for the consequences of normal wear and tear of its supplies.

Furthermore, we cannot be held responsible for machine stoppages in the event of a shortage of spare parts whose wear is normal and foreseeable, insofar as the buyer will not have acquired spare parts for our equipment.

13. Legal warranty.

The preceding provisions are not exclusive of the benefit for the benefit of the buyer of the legal guarantee for defects and hidden defects.

14. Electronic waste.

In accordance with article R 543-195 of the environment code relating to the removal and treatment of waste from professional electrical and electronic equipment (EEE), the organization and financing of the removal and treatment EEE waste covered by the sales contract concluded with CAZENEUVE SAS is transferred to the customer who accepts them. The customer ensures the collection of the EEE objects of sale, their treatment and their recovery, in accordance with articles R 543-200 and R 543-201 of the environment code. The aforementioned obligations must be transmitted by successive customers to the end user of the EEE.

15. Termination of Order.

Any order cancellation by the buyer must be subject to a compensatory indemnity. This indemnity is 15% for a cancellation received within the first third of the contractual period, 30% for a cancellation received within the second third and 45% for a cancellation received beyond the second third of the contractual duration.

The seller reserves the right to terminate an order if it appears that, for reasons in particular technical, its realization proves impossible, if the buyer requests technical modifications or changes in delivery time that the seller deems unacceptable.

This clause shall not apply where the consumer exercises a statutory right of withdrawal or any other right provided for by a mandatory legal provision.

16. Disputes.

These General Terms and Conditions shall be governed by French law.

For business customers, any dispute relating to the formation, interpretation or performance of the contract shall, subject to any applicable mandatory legal provisions, fall within the jurisdiction of the Commercial Court of the registered office of CAZENEUVE SAS.

For consumers, the rules governing jurisdiction set out in the applicable legal provisions shall apply. In particular, consumers may bring proceedings before the competent courts in accordance with the ordinary rules of jurisdiction.

In accordance with applicable regulations, consumers are also informed of their right to have free access to a consumer mediation scheme under the conditions provided for by law.

17. Liability.

In view of the customer’s status as buyer, CAZENEUVE SAS’s total liability towards the customer under these General Terms and Conditions, whether in contract, tort or quasi-tort, and regardless of the number of incidents, shall be limited to 100% of the purchase price of the parts or machines concerned, as defined in Clauses 2 and 3 hereof.

Under no circumstances shall CAZENEUVE SAS be liable for any indirect damages or economic losses, including, in particular, loss of business, loss of profits, loss of use or loss of contracts, which the buyer expressly accepts.

CAZENEUVE SAS’s liability in the event of:
a) damage intentionally caused by CAZENEUVE SAS or its employees or agents, or resulting from gross negligence;
b) death or personal injury;
c) fraud;
is neither excluded nor limited by these general conditions of sale.
The buyer agrees that CAZENEUVE SAS shall assume no liability of any kind and arising from any cause other than that expressly set out in these General Terms and Conditions of Sale.

18. Personal data.

The information collected by the seller from its customers may be subject to computer processing. In accordance with the Data Protection Act, the customer has several rights with regard to the information concerning him, which he can exercise by sending his request to the following address: info@cazeneuve.fr

To learn more about our data protection policy, please visit the "privacy policy" page.