General Terms and Conditions of Sale (C.G.V.)


The purpose of these General Sales Conditions (hereinafter “G.S.C.”) is to set out the respective obligations of GAC-MyDATEC and the Customer within the framework of their contractual relationship.

1. Application

Any order submitted to GAC-MyDATEC implies full and complete acceptance and application without reservation by the Customer, who acknowledges having full knowledge of these G.S.C. which prevail over any other document, including all general conditions of purchase of the Customer.

Only special terms of sale agreed in writing between GAC-MyDATEC and the Customer may, if necessary, deviate from these G.S.C. All provisions of these G.S.C. not expressly modified or repealed by these special terms of sale remain in full force and effect.

GAC-MyDATEC is bound by the commitments of its agents subject to written confirmation by GAC-MyDATEC. No order is considered perfect and final until it is expressly accepted by a document acknowledging receipt and mentioning a registration number.

2. Information – Products – Project

The information contained in catalogs, brochures, commercial proposals, drawings, websites, etc., is given as an indication by GAC-MYDATEC, which reserves the right to make any changes at any time and without notice.

The Customer remains responsible for the design of its installation, the choice of the product, the good realization of the installation and its implementation corresponding to its characteristics, according to the provisions of article 12 of the G.C.S.

GAC-MyDATEC’s obligations are limited to the technical characteristics of the products it sells, as stated in the various technical-commercial documents. All other information is provided for information purposes only and is not technically binding.

Carried out for the sole purpose of presenting its commercial proposal, the calculation of air renewal possibly carried out by GAC-MyDATEC according to the decree of March 24, 1982, relating to the ventilation of housing, allowing the selection of the appropriate CMV, does not constitute a thermal or aeraulic dimensioning study. GAC-MyDATEC reminds you that it must be carried out by a design office or a qualified professional.

The help or information notes for professionals or tutorials to help with the input of Title V of the RT 2012 (order of 10/07/2013) are not design studies.

GAC-MyDATEC is not a design office and does not make any dimensioning (thermal, aeraulic, electrical or others, etc…) allowing for example to reach a given or desired temperature according to a foreseen and calculated consumption. In order to deliver the heating or cooling temperature desired by the Customer, the installation must be designed and calculated by a competent professional, a technical design office, or other at the Customer’s choice.

GAC-MyDATEC can draw up network diagrams in a theoretical way and they are only used to assemble the accessories supplied in the kit: they are neither design nor work execution plans.

The project owner, the designated project manager, or, if applicable, the thermal design office chosen by the client or the specialized company that installs the installations, retain full and complete control of the project.
The installation of GAC-MyDATEC systems must be carried out by professional installers recognized in the market, whose qualified personnel have the necessary certifications (heating, air conditioning, electricity, etc.).

GAC-MyDATEC, as part of its duty of advice, provides the customer with the information necessary for the use of its products.

The GAC-MyDATEC customer service provides an information service, and supply / replacement / repair on spare parts of its materials, worn and / or broken. Troubleshooting must be performed by a qualified professional. The equipment sold by GAC- MYDATEC must be regularly maintained, operations that vary depending on the equipment; the customer must refer to the instructions for the equipment sold.

GAC-MyDATEC reserves the right to modify its products at any time, without prior notice to the Customer.

3. Awards

The products are supplied at the prices mentioned in the commercial proposal sent by GAC-MyDATEC to the Customer or in the particular conditions agreed between them. The confirmed and invoiced prices are those indicated in the order acknowledgement given to the customer.

All deliveries with a production time of less than two (2) months will be invoiced at the base price agreed upon at the time of order. If this period is longer, the price will be corrected according to the legal provisions in force.

The prices are in euros, all taxes included, net of any discount and contributions or expenses, in particular related to the prevention and management of electrical and electronic waste.

The validity of an offer is limited to sixty (60) days from the date of issue.

Prices and shipping rates do not constitute a binding offer and may be modified without prior notice, in particular in case of changes in economic conditions such as variations in the price of raw materials, fuels, duties and taxes, unusual variations in exchange rates, market collapse, shortage of materials, changes in legislation, etc.

Prices will also be revised in the event of new taxes, contributions, or costs generated by changes in legislation aimed at ensuring the compliance of GAC-MyDATEC products or the prevention and management of waste electrical and electronic equipment as well as their elimination, treatment and recovery, without this list being restrictive.

4. Deliveries – Transfer of risk

4.1 Delivery times

The delivery times are provided as an indication.

The confirmed delivery dates are ex-workshop, subject to compliance with the terms of payment.

A possible overrun of the indicated delivery times can neither lead to the cancellation of the order, nor to a request for price revision or compensation, nor to penalties for delay.

GAC-MyDATEC is automatically released from any commitment relating to delivery times if the payment conditions have not been observed by the Customer or in the presence of circumstances beyond its control, force majeure or events such as: lock-out, strike, epidemic, war, requisition, fire, flood, tooling accidents, scrapping of important parts during manufacture, interruption or delay or any other cause leading to total or partial unemployment for GAC-MyDATEC or its suppliers.

GAC-MyDATEC will keep the Customer informed of the cases in which the aforementioned events occur.

4.2 Method of delivery – transfer of risks

The delivery entails the transfer to the Customer of the risks relating to the goods.

Delivery is made either by direct handover to the customer, or by simple notice of availability, or by delivery to GAC-MyDATEC’s factories or warehouse, or to a shipper or carrier designated by the customer or, failing that, chosen by GAC-MyDATEC.

The principle of delivery to GAC-MyDATEC’s factories or warehouses is not subject to deviations due to indications such as free delivery to the station, platform, home or reimbursement of total or partial transport costs, etc.

4.3 Storage and handling

If shipment is delayed for any reason beyond GAC-MyDATEC’s control, and with GAC-MyDATEC’s prior express consent, the material may be stored and, if necessary, handled by GAC-MyDATEC at the customer’s expense and risk, with GAC-MyDATEC disclaiming any liability in this regard. The amount of the storage fees charged cannot be less than 1% per week of the value of the order, capped at 5% of the amount excluding VAT of the order. This shopping period shall not exceed five (5) weeks. These provisions do not alter the payment obligations of the Supply and do not constitute a novation.

5. Transport of the delivered goods

The operations of transport, insurance, customs, handling, bringing to work of the dispatched goods are with the load and with the expenses, risks and dangers of the Customer. Shipments by GAC-MyDATEC are made collect.

GAC-MyDATEC does not accept any responsibility for rust, water, damage or deterioration of any kind occurring to the goods after they have been shipped or made available to the Customer, even if the shipment has been made carriage paid. In the event of damage of any kind occurring during transport, it is up to the Customer to exercise any recourse against the carrier and/or insurer within the usual time limits and forms, and to inform GAC-MyDATEC by registered letter with acknowledgement of receipt within three (3) days of delivery.

It is the customer’s responsibility to verify the deliveries (quantity and quality) upon arrival, before giving discharge to the carrier, the unqualified acceptance of the goods delivered deprives the customer of any further recourse against GAC-MyDATEC.

6. Packaging

GAC-MyDATEC does not take back packaging. In the absence of special instructions, the packaging is prepared by GAC-MyDATEC in the best interest of the Customer.

7. Recycling and end of life of my equipment (WEEE)

GAC-MyDATEC is a member of Eco-systèmes, which guarantees the collection, depollution and recycling of used electrical appliances in compliance with the highest environmental and social standards.

Eco-systèmes is a non-profit eco-organization approved by the public authorities for the Waste Electrical and Electronic Equipment (WEEE) sector.

8. Payment – Late payment penalties – Penalty clause

Full payment is due with the order, unless expressly agreed in the invoice. The invoice mentions the date on which payment must be made, and payments are made to the GAC-MyDATEC headquarters, net and without discount;

  • Payment is understood to be the collection by GAC-MyDATEC of the full amount of the invoice, and not the simple delivery of a title entailing an obligation to pay;
  • any delay will give rise to the application of penalties at a rate equal to that applied by the European Central Bank to its most recent refinancing operation, increased by ten (10) percentage points. In this case, the rate applicable during thefirst half of the year in question is the rate in effect on January1 of the year in question. For thesecond half of the year, this is the rate in effect on July1 of the year in question. Late payment penalties are due without the need for a reminder.

The Customer may not make payment conditional on the provision of invoices that do not meet its requirements under the applicable legislation, or on the provision of any other non-mandatory document.

The agreed payment dates may not be delayed for any reason, including in the event of a dispute. Complaints do not exempt the Customer from paying invoices when due, and no deductions can be made from GAC- MyDATEC invoices.

Any significant change in the financial or economic situation of the Customer, even after partial execution of the orders, may lead to a revision of the payment conditions.

In case of non-payment on the due date, GAC-MyDATEC may suspend access to the customer service.

Not being a lessor of work nor a contractor, but a manufacturer, the company GAC-MyDATEC is not subject to the provisions of Article 1799-1 of the Civil Code, and therefore does not accept any retention of guarantee, bonded or not, on the amount of the products invoiced.

9. Reservation of title – Resolutive clause

GAC-MyDATEC retains ownership of the goods sold until full and effective payment of the price in principal, interest and accessories.

Consequently, failure to pay a single due date may result in GAC-MyDATEC reclaiming its goods.

The Customer assumes, as of delivery as defined in Article 4.2 above, the risk of loss or deterioration of goods, as well as responsibility for any damage they may cause. He therefore undertakes to insure himself, with a solvent company, against all risks relating to the transport, loss, theft or partial or total destruction of the goods.

GAC-MyDATEC reserves the right to prohibit any modification of the property following the opening of any collective proceedings against the Customer.

In the event of non-performance by the Customer of any of its obligations, GAC-MyDATEC reserves the right to cancel or terminate the sale by operation of law after a simple formal notice that has remained without effect, sent to the Customer by registered letter with acknowledgement of receipt. Any deposit paid will be retained by GAC-MyDATEC as compensation, without prejudice to any damages.

The Customer shall inform GAC-MyDATEC of any threat, action, seizure, requisition, confiscation, or any other measure that may jeopardize its ownership of the products.

Failure to comply with these provisions by the Customer shall incur liability and shall authorize GAC-MyDATEC to reduce the sale by simple notice sent by registered letter with acknowledgement of receipt, to take back the products still in stock and to refuse to continue to deliver the Customer.

The products still in the possession of the Customer will be presumed to be those still unpaid, and GAC-MyDATEC may take them back in settlement of any amounts remaining unpaid.

The partial payments made will serve to cover the damages arising from the non-performance of the contract and, in the first place, the damages arising from the disappearance, resale, deterioration, or obsolescence of the products. The costs of dismantling, transport and storage caused by the Customer’s failure to fulfil its commitments under the sale will then be charged.

10. Intellectual Property

Subject to the express prior written agreement of GAC-MyDATEC, the Customer is authorized, on a precarious basis, to use the brand, the commercial name, the sign, the graphic elements and other distinctive signs

about GAC-MyDATEC products for the sole purpose of identifying and promoting them and for the exclusive benefit of GAC-MyDATEC. This right of use does not confer any property rights on the Customer, who undertakes not to register or own any trademarks, models, domain names, patents, signs, trade names, product references or other distinctive signs that could be confused with those of GAC-MyDATEC. The Customer undertakes to use and reproduce faithfully the graphic elements such as logos or photographs, strictly respecting the quality of the image and the format of the original graphic elements; he/she shall refrain from modifying them or using them in such a way that they could be perceived as degrading the brand image of GAC-MyDATEC or that of its products

At the first request of GAC-MyDATEC and upon receipt of a registered letter with acknowledgment of receipt, the Customer agrees to stop all use.

11. Complaints – Cancellation of order – Return of material

11.1 Complaints

In accordance with Article 5, claims concerning transport can be made by the Customer according to the rules of use contained therein to the carrier, with a duplicate sent to GAC-MyDATEC. Complaints are only admissible if they are formulated by registered letter with acknowledgement of receipt, within three (3) days of the date of arrival of the goods at destination and before any transformation or installation.

In the event of a complaint recognized as justified by GAC-MYDATEC, its obligation is limited to the replacement of the part recognized as defective, after the part has been returned to the factory, without it being possible to claim any compensation on any grounds whatsoever.

Any exchange or return must be made by the usual carriers of GAC-MyDATEC. Any deviation will be charged to the Customer.

11.2 Order cancellation

Any cancellation of order by the Customer engages his responsibility. The Customer may not cancel orders, except with the express prior consent of GAC- MYDATEC, and provided that the Customer at least takes over the delivery of the manufactured material and compensates GAC- MYDATEC for the expenses and lost profits for the material being manufactured.

11.3 Material recovery

No return or exchange of material will be made. Any return that reaches GAC-MyDATEC without prior written authorization will be systematically refused and returned to the sender at his expense.

11.4 Return of material under warranty

The return of materials must be subject to prior written agreement from GAC-MyDATEC

12. Warranty

12.1 Scope of warranty

The warranty applies to devices (assembled with their original components or substitutable spare parts), stored, installed, used, maintained in accordance with good engineering practice and GAC-MyDATEC’s specifications and recommendations, conditionally that they have not been subjected to any external aggression (electrical, thermal or weather shocks, etc.), or modifications made by the Customer, or abnormal use, etc.

The GAC-MyDATEC warranty does not apply in case of incorrect assembly, incorrect use of its equipment, as provided for in the assembly diagram of the accessories supplied in the kit, the instructions for use – assembly – maintenance – assistance, and the letters or others containing technical specifications on its products. Also give rise to exclusions of coverage all incidents or malfunctions resulting from fortuitous events or force majeure, replacements or repairs resulting from normal wear and tear, deterioration or accidents resulting from negligence, lack of supervision or maintenance, abnormal use of the equipment, external causes of aggression.

The warranty covers the material recognized as defective by GAC-MyDATEC’s technical services, excluding labor and shipping costs, which remain the responsibility of the Customer.

12.2 Duration and starting point of the guarantee

GAC-MyDATEC’s warranty on its products is for a period of two (2) years from the date of invoice to the Customer. GAC-MyDATEC undertakes to ensure the availability of original components or substitutable spare parts for the above-mentioned period of two (2) years.

The replacement of a part does not affect the duration of the original warranty of the product concerned.

12.3 Terms and conditions for exercising the guarantee

To be able to invoke the benefit of these provisions, the customer must notify GAC-MyDATEC within 48 working hours in writing, of the difficulties attributed to the material and provide all evidence as to their reality. The customer shall give GAC MyDATEC every opportunity to establish and remedy such defects. The warranty does not apply if the customer carries out repairs or has them carried out by a third party before GAC-MyDATEC has been able to determine the alleged difficulties. GAC-MyDATEC reserves the right to repair or replace defective parts. The cost of transporting the defective equipment or parts, as well as the cost of returning the repaired or replaced equipment or parts, shall be borne by the Customer.

Replaced parts are returned to GAC-MyDATEC free of charge and become the property of GAC-MyDATEC.

12.4. Limitation of liability

GAC-MyDATEC’s liability is limited to the obligations set forth in this section. GAC-MyDATEC will not be held liable for any compensation, including for immaterial or indirect damages such as loss of profit, loss of use or income, third party claims, etc…

GAC-MyDATEC’s possible visit to the site does not constitute a design or execution control.

13. Applicable Law – Amicable Dispute Resolution Procedure – Jurisdiction

All operations covered by the present G.S.T. are subject to French law.

GAC-MyDATEC and its Customer undertake to attempt to resolve amicably any dispute that may arise between them in the event of difficulties arising in connection with these G.S.C. To this end, they undertake to respect, before taking any legal action, a period of truce of two (2) months, during which they shall endeavor to contribute loyally to the development of an amicable solution, at the cost of mutual and reciprocal concessions. GAC-MyDATEC and its Client may, in any case, but without this constituting an obligation, appoint a mediator, who will make transactional proposals within three (3) months of the referral. The costs and fees of such mediation shall be shared equally by the parties.



Privacy policy in accordance with Legislative Decree 196/2003 and art. 13 of the European Regulation 679/2016 (RGPD)

GAC MY DATEC, with headquarters at 353 rue de la chapelle 69400 Gleizé – France , informs you that, in accordance with Legislative Decree 196/2003 and European Regulation 679/2016 (cd. GDPR), which regulates and regulates the protection of personal data and their free movement, your personal data will be processed in accordance with the above-mentioned legislation, based on the principles of accuracy, lawfulness, proportionality of interests and transparency as well as the protection of your privacy and rights, for the purposes, in the manner and under the terms better indicated below.

1- Purposes, methods and legal basis of data processing
This privacy policy applies exclusively to the online activities of this site and is valid for visitors/users of the site. It does not apply to information collected through channels other than this website. The purpose of the privacy policy is to provide maximum transparency regarding the information the site collects and how it uses it.

Your personal data will be processed exclusively for purposes that are strictly related, instrumental and necessary for the fulfilment of the obligations inherent to the relationship with our Company; in particular as follows

The processing of personal data is carried out by means of the operations indicated in Legislative Decree 196/2003 and art. 4 n. 2) RGPD and specifically: collection, recording, organization, storage, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, cancellation and destruction.

The processing of personal data will be carried out using computer media by the owner, manager / managers and authorized subjects (appointed) with the observance of all precautionary measures, which guarantees security and confidentiality.

The data will be stored by the controller and by the subcontractors appointed by him. The servers and/or tools containing the data of the interested party are managed in compliance with the guarantees referred to in European Regulation 679/2016.

In any case, your personal data will be stored and processed within the borders of the European Economic Area and may only be transferred outside this border with the explicit consent and in compliance with the guarantees set out in European Regulation 679/2016. In order to guarantee an adequate level of protection and security, the interested party may request at any time more information on the data and the countries concerned by writing to the following e-mail address In particular, data collected through this website such as name, surname, e-mail address, company of affiliation and qualification could be transmitted to Telema group companies for greater commercial efficiency.

In the event that you provide comments and/or personal data for the request of specific information and/or services requested by the user (by way of example and without limitation, request for commercial information, subscription to our portal, subscription to our newsletter), such data shall be deemed to be provided voluntarily by the user at the time of the request for the provision of the service. By entering a comment or other information, the user expressly agrees to this privacy policy.

This site may process some of the personal data on the basis of the legitimate interests of the data controller as provided for by Legislative Decree 196/2003 and Art. 6 of European Regulation 679/2016.

The data received will be used exclusively for the provision of the service requested and only for the time necessary to provide the service.
The information that users of the site will consider to be made public through the services and tools made available to them, is provided by the user knowingly and voluntarily, exonerating this site from any responsibility for any violation of the laws. It is the user’s responsibility to verify that he/she has the authorization to enter personal data of third parties or content protected by national and international regulations.

The data collected by the site during its operation are used exclusively for the purposes indicated above and kept for the time strictly necessary to carry out the specified activities. In any case, the data collected by the site will never be provided to third parties other than specifically designated managers and authorized persons, without reason, except in the case of a legitimate request from the judicial authority and only in cases provided for by law.

2- Nature of the data collection and consequences of its failure to be provided
Like all websites, this site also uses log files in which information is stored that is collected automatically during user visits. The information collected may include the following:

  • Internet Protocol (IP) address;
  • the type of browser and device settings used to connect to the site;
  • the name of the Internet Service Provider (ISP);
  • the date and time of the visit;
  • visitor’s original web page (reference) and exit;
  • possibly the number of clicks.

The above-mentioned information is processed in an automated form and collected in an exclusively aggregated form in order to verify the proper functioning of the site, for security reasons and for the legitimate interests of the owner as provided for by the legislation in force.
For security purposes (spam filters, firewalls, virus detection), the automatically recorded data may also include personal data such as IP address, which may be used, in accordance with the relevant laws, to block attempts to damage the site itself or to cause damage to other users, or in any case to block harmful or criminal activities. This data is never used for identification or profiling of the user, but only for the purpose of protecting the site and its users and the legitimate interests of the controller.
By using or accessing this site, visitors and users explicitly agree to this privacy policy and consent to the processing of their personal data in connection with the methods and purposes described below, including any disclosure to third parties as necessary to provide a service. The provision of data and therefore consent to the collection and processing of data is optional, but the refusal of consent may make it impossible to provide certain services and the experience of browsing the site may be compromised.
Consent to the use of your data for marketing and/or advertising and/or commercial purposes (sending e-mails and/or communications with advertising and/or commercial offers of goods or services), is optional and requires from you, in addition to providing your personal data, an explicit request via the opt-in function on this website.
The data provided may also be used to send invitations to events organized by MyDATEC.
This site also uses cookies. For data processing through cookies, please read the associated privacy policy, available at the following link Cookie Policy

3- Schedule and conditions
The data controller, managers and persons authorized to process (named) will process personal data for the time necessary to achieve the aforementioned purposes and, in any case, not more than 10 years from the end of the relationship when required or made necessary by the regulations in force.

With regard to the provision of data by you for the receipt of commercial information, newsletters and periodic information, the data will be processed until you request to unsubscribe.

4- Communication and data dissemination
The personal data collected on the Site will not be communicated, sold or transferred to third parties, except for the cases provided for by law and without prejudice, in any case, to the communication of data to third parties expressly designated to carry out certain services within the scope of the activity carried out by the Data Controller and/or, in general, in its favour, who will operate as independent data controllers and/or data processors, as well as the communication and/or dissemination of data requested, in accordance with the law, by police forces, judicial authorities, information and security agencies or other public entities for the purposes of defense or state security or the prevention, detection or repression of crimes.

In particular, your personal data, for the purpose of performing the contract or services you have requested and for the purposes indicated above, may be communicated to the following subjects

  • to all natural and legal persons (by way of example and without limitation, legal firms, couriers and shippers, the data processing center, IT consultants, suppliers, etc.) in cases where the communication is necessary for the purposes described above;
  • to our specifically named employees and collaborators in the course of their duties.
  • IT platforms and suppliers for sending newsletters;
  • to the sales division of MyDATEC France, which may contact the user regarding the products/services in which the interested party has expressed interest;
  • to the marketing division of MyDATEC France for direct and indirect marketing communications.

The D.P.O., if appointed by the controller on a voluntary basis, as well as the name and number of managers may be subject to change, so it is advisable to consult our website – where you can find all the updated information – on the page dedicated to the following link: or by contacting the following address:

5 – Rights of the person concerned
By calling 04 78 66 07 07 or writing to at any time, you can exercise your rights towards the controller in accordance with European Regulation 679/2016, which we reproduce for your convenience.

The interested party has the right to obtain confirmation of the existence and/or the fact that personal data concerning him/her is being processed, even if not yet registered, as well as their communication in an intelligible form. The interested party has the right to obtain the indication:

  • the origin of the personal data (in particular as regards the case where they are not collected from the interested party and, in case of transfer of data to a third country, the existence of adequate safeguards in accordance with Article 46 of the Regulation)
  • the purposes and methods of the processing ;
  • the logic applied in the case of processing with electronic instruments; the identification data of the owner, managers and designated representative;
  • the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of them as designated representatives in the territory of the State, managers or authorized subjects;
  • the categories of personal data processed;
  • the length of time the data will be retained or the criteria used to determine this period;
  • the existence of automated decision-making processes, including profiling, and the logic applied by them; the right to obtain a copy of the personal data processed;

The interested party also has the right to obtain:
(a) updating, rectifying or, where appropriate, integrating the data
b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those whose retention is not necessary for the purposes for which the data were collected or subsequently processed;
(c) certification that the transactions referred to in letters a) and b) have been brought to the knowledge, including their content, of those to whom the data have been communicated or disseminated, unless this proves impossible or involves the use of means that are manifestly disproportionate to the protected right;
d) the portability of data to other subjects for which an explicit request must be made to the following address:
e) cancellation of data in our archives in accordance with article 17 pt. 1 letter from a) to f) of the Regulation (so-called right to be forgotten), by communication to +39 02 833821,
f) to limit the processing of data in accordance with Art. 18 pts. 1, letter a) to d) of the regulation
The person concerned has the right to object, in whole or in part, to the processing of the data:

  • for legitimate reasons related to your particular situation, even if the processing is relevant to the purpose of the collection;
  • to the processing of personal data for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication;
  • to the processing of data in accordance with art. 6, pt.1 letter e) and (f) including profiling on the basis of these provisions.

If the processing of data is based on the consent of the person concerned, the latter has the right to revoke this consent at any time by making an explicit request by calling 04 78 66 07 07 or by writing to

The person concerned also has the right to file a complaint with the supervisory authority.
The exercise of the aforementioned rights can be exercised with a request addressed to the owner or the manager sent by telephone, e-mail to the addresses indicated above or even by registered letter AR.