TERMS OF SALES

TERMS OF SALES

ARTICLE 1: SCOPE

These general conditions of sale (hereinafter the " Terms of Sales ") apply to all sales made between:

- on the one hand, the company Investment United,
limited liability company,
with a capital of 20,000 euros,
registered in the Bobigny Trade and Companies Register under number 504 980 400, head office address: 13 rue de Bois Moussay - 93240 Stains
email address: info@byjoyce.fr
(hereinafter " BY JOYCE "),

- and on the other hand, (i) a professional buyer (hereinafter " Professional Buyer ") or (ii) a consumer buyer according to the definition resulting from the preliminary article of the Consumer Code (hereinafter the" Buyer Consumer "); the Professional Buyer and the Consumer Buyer are hereinafter collectively referred to as the" Buyer ".

for the acquisition of the products offered for sale by BY JOYCE (hereinafter the " Product (s) ") on its website" byjoyce .Fr "(hereinafter" Site ").

The General Conditions of Sale apply to the exclusion of all other conditions and in particular those applicable to sales in stores or through other distribution and marketing channels.

The General Conditions of Sale are accessible at any time on the Site and will prevail, where applicable, over any other version or any other contradictory document, including over any other document issued by the Purchaser, in particular over all general purchasing conditions.

The Buyer declares to have read these General Conditions of Sale before confirming the order in accordance with the terms of Article 3 below. The validation of the order by the Purchaser implies unreserved acceptance of these General Conditions of Sale.

Unless proven otherwise, the data recorded by BY JOYCE constitute proof of all communications, orders, transactions and payments.

BY JOYCE reserves the right to adapt or modify these General Conditions of Sale at any time and without notice by publishing a new version on the Site. The applicable General Conditions of Sale are those in force on the date of validation of the order.

In accordance with the regulations in force, BY JOYCE reserves the right to derogate from certain clauses of these General Conditions of Sale, depending on the negotiations carried out with the Purchaser, by establishing special conditions of sale.

BY JOYCE may, moreover, be required to establish categorical general conditions of sale, derogating from these General Conditions of Sale, depending on the type of customer considered, determined on the basis of objective criteria. In this case, the general general conditions of sale apply to all operators meeting these criteria.

The Parties agree that the photographs of the Products for sale on the Site as well as the descriptions illustrating them have no contractual value.

ARTICLE 2: PRICES

The Products are supplied at the prices in force appearing on the Site, during the validation of the order according to the methods provided for in article 3.1 below. The period of validity of the offers and prices is determined by updating the Site.

The prices are firm and non-revisable during their period of validity, as indicated on the Site.

The prices are in euros, with distinction of HT and TTC, ex works and packaging extra. The prices do not include the costs of treatment and / or preparation, transport, nor any customs costs and insurance which remain the responsibility of the Purchaser.

At the time of validation of the order, the price to pay indicated is a total price which is understood to be all inclusive. The price of the order is payable in cash, in full, by credit card (excluding American Express) or by Paypal, upon validation of the order by the Purchaser.

The telecommunications costs inherent in accessing the Site remain the sole responsibility of the Purchaser.

ARTICLE 3: ORDERS

3.1 Placement of the order by the Purchaser

In order to place the order, the Purchaser must follow the following steps:

1. Enter the address of the Site;

2. Follow the instructions of the Site and in particular, the instructions necessary to open a customer account. The Buyer is fully responsible for the use of his username and password, which he undertakes not to disclose to third parties. The Purchaser will bear the consequences of any use of the username and password by third parties who are aware of them. The identifier and password of the customer account are proof of the identity of the Purchaser and bind him to the entire order through them. They have the value of electronic signature within the meaning of the law of March 13, 2000. In case of forgetting of the password or of suspicion by the Purchaser of a fraudulent use of his username and password, the Purchaser has on the Site of a function allowing him to modify them;

3. Select the Products he wishes to acquire;

4. Check the elements of the order summarized in the section called " Basket "(in particular the name, price, quantities, sizes, availability times, etc.) and, where applicable, identify and correct errors;

5. Choose the delivery terms, the delivery address, the means of payment and the other options offered;

6. Validate the order as well as its total price (including the price of each of the Products as well as the various additional costs, such as any delivery costs);

7. Follow the instructions of the online payment server to pay the total price of the order. The transaction is immediately debited to the Buyer's bank card or Paypal account after verification of the latter's data, upon receipt of the debit authorization from the company issuing the bank card used by the Buyer. or the organization responsible for managing Paypal accounts. The order validated by the Purchaser will only be considered effective when the payment centers concerned have given their agreement for the payment and have credited BY's account. JOYCE of the full amount of the order. By communicating the information relating to his bank card, the Purchaser authorizes BY JOYCE to debit their credit card for the amount corresponding to the total price of the order. For all payments, the partner banking service provider - Crédit Industriel et Commercial: CIC - ensures a secure payment system and guarantees that the confidentiality of the numbers communicated is preserved by means of protection and encryption procedures.

3.2 Order processing by BY JOYCE

At the end of the seven (7) steps described above, the Buyer then receives electronically and without delay, a confirmation of acceptance of payment for the order, as well as an acknowledgment of receipt confirming the conclusion of the sales contract by BY JOYCE , accompanied by the invoice to print or download.

In case of refusal of payment by the payment centers concerned, the order will be automatically canceled. BY JOYCE will send an email to the Buyer to inform him.

In addition, BY JOYCE reserves the right to refuse any order, in particular in the event of difficulty of supply, unavailability of the Products, problem of understanding the order, foreseeable problem concerning the delivery address, doubts as to the identity of the Buyer or the accuracy of the information provided by the Buyer when creating his customer account etc ... In this case, BY JOYCE will inform the Purchaser and, if applicable, will reimburse the sums collected within fourteen (14) days of payment for the order.

When the order is ready for shipment, the Buyer receives electronic confirmation of the shipment of the order.

Any requests for modification or cancellation of an order by the Purchaser cannot be taken into account, within the limits of BY's possibilities. JOYCE and at its sole discretion, only if notified to it in writing. This clause does not however deprive the Purchaser-Consumer of the right to exercise his right of withdrawal following receipt of the Products, in accordance with the provisions of article 8 below.

ARTICLE 4: DISCOUNTS, DISCOUNTS AND REDUCTIONS

The Buyer will be able to benefit from the discounts, discounts and reductions appearing in BY's prices. JOYCE , depending on the quantities acquired at one time and one place, or the regularity of its orders.

ARTICLE 5: DELIVERIES

5.1 Modalities

Deliveries are only made according to availability and in the order of arrival of the orders. BY JOYCE is authorized to make total or partial deliveries.

The costs of transporting the Products will be the sole responsibility of the Purchaser.

Deliveries are made to the place of delivery mentioned by the Purchaser when placing his order, the Products traveling at the risk and peril of the Purchaser.

The information given by the Purchaser when ordering is binding. In the event of an error on his part in the wording of his contact details or the place of delivery, resulting in the loss of the Products or the commitment of new delivery costs, the Buyer remains responsible for the payment of said lost Products or any additional costs. caused by this error.

5.2 Delivery delay

5 .2.1 Delivery times for Professional Buyers only

The delivery times indicated to the Professional Purchaser during steps 3 to 5 of placing the order (article 3.1 hereof) are understood to be working days and are given for information and indicative purposes only and are in no way guaranteed, these depend in particular on the supply possibilities of BY JOYCE , the availability of carriers and the mode of transport chosen by the Professional Buyer.

The starting point of the delivery times indicated by BY JOYCE runs from the day BY JOYCE has collected the full price of the order.

Exceeding delivery times may not give rise to the withholding of the Products, nor the refusal of the Products, nor the cancellation of pending orders by the Professional Purchaser, nor the claim for damages or any compensation.

However, if within forty-five (45) days after the indicative delivery date, the Products have not been delivered for any reason other than a case of force majeure or a fault of the Professional Purchaser, the sale can be resolved at the request of either party. The Professional Buyer may, where applicable, obtain a refund of the price of the order within thirty (30) days of notification of the termination of the sale, to the exclusion of any other compensation or damages. .

5 .2.2 Deadlines for the Consumer Buyer only

The maximum delivery times, which are understood to be working days, are indicated to the Purchaser-Consumer during steps 3 to 5 of placing the order (article 3.1 hereof).

The starting point of the delivery times indicated by BY JOYCE runs from the day BY JOYCE has collected the full price of the order.

However, if at the end of the maximum delivery period announced to the Consumer Buyer when placing his order, the Products have still not been delivered, the Consumer Buyer may cancel the sale by registered mail with notice of receipt, subject (i) that it has previously instructed BY JOYCE , under the same terms, to make the delivery within a reasonable additional time, and (ii) that BY JOYCE did not take place within this period.

The sale is considered resolved upon receipt by BY JOYCE registered mail, unless BY JOYCE has been executed in the meantime.

In the event of termination of the sale, the Purchaser-Consumer may, where applicable, obtain a refund of the price of the order within fourteen (14) days from the notification of the termination of the sale, excluding any other compensation or damages.

If the reimbursement period mentioned above is exceeded, the amount reimbursed to the Purchaser-Consumer will be automatically increased by:

  • ten percent (10%) if the reimbursement is made up to thirty (30) days late;

  • twenty percent (20%) if the reimbursement is made up to sixty (60) days late;
  • fifty percent (50%) if the reimbursement is made more than sixty (60) days late.

5.2.3. Force majeure

BY JOYCE is released from its obligation to deliver within the time limits provided during the validation of the order in the event of force majeure as defined by the Cour de Cassation.

Are considered as cases of force majeure or fortuitous events, events beyond the control of the Parties, which they could not be required to foresee, and which they could not reasonably avoid or overcome, insofar as their occurrence makes it completely impossible to fulfill obligations.

Are in particular assimilated to cases of force majeure or fortuitous events discharging BY JOYCE of its delivery obligation: wars, riots, fires, floods, epidemics, strikes, accidents, impossibility of supplying raw materials, as well as any disruption of supply attributable to suppliers.

In such circumstances, BY JOYCE will keep the Purchaser informed, as soon as possible, in particular by mail, fax or email, of the sales contract concluded between BY JOYCE and the Buyer then being automatically suspended without compensation, from the date of occurrence of the event.

If the event were to last more than sixty (60) days from the date of its occurrence, the sales contract concluded between BY JOYCE and the Buyer could then be terminated by the most diligent party, without any party being able to claim damages.

This termination will take effect on the date of the first presentation of the registered letter with acknowledgment of receipt denouncing the said sales contract. BY JOYCE will return the price of their order to the Professional Purchaser and the Purchaser Consumer within the time limits provided for in Articles 5.2.1 and 5.2.2, depending on the identity of the Purchaser.

5.2.4 Obligations of the Purchaser

In any case, delivery on time can only take place if the Buyer is up to date with his obligations towards BY JOYCE , whatever the cause, and in particular if the Buyer has paid, where applicable, the price of the order under the conditions defined in article 3 above.

ARTICLE 6: RECEPTION

6.1 Compliance - reservations - complaints -

6.1.1 Compliance obligations

BY JOYCE is required to deliver Products in accordance with the order and is liable for any lack of conformity existing at the time of delivery.

BY JOYCE also responds to any lack of conformity resulting from the packaging.

To comply with the order, the Product must:

1 ° Be suitable for the use usually expected of a similar product and, where applicable:

  • correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
  • present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

The Purchaser is required to check the apparent condition of the Products upon receipt.

6.1.2 Claim terms for the Consumer Buyer only

It is up to the Buyer-Consumer to issue the reservations and complaints he considers necessary, or even to refuse the package, when the package is clearly damaged on delivery.

The action resulting from the lack of conformity lapses six (6) months from the issuance of the
Product.

The Purchaser-Consumer must provide any justification as to the reality of the defects or anomalies observed or of the non-conformity of the Products.

6.1.3 Claims modalities for the Professional Purchaser only

It is up to the Professional Buyer to issue the reservations and complaints he considers necessary, or even to refuse the package, when the package is clearly damaged on delivery. Said reservations and complaints must be sent to the carrier by registered mail with acknowledgment of receipt within three (3) working days, not including public holidays, which follow the date of delivery.

In the absence of reservations expressly formulated by registered mail with acknowledgment of receipt, within eight (8) days of delivery, the Products delivered will be deemed to conform in quantity and quality to the order, without prejudice to the measures to be taken by the Professional Buyer vis-à-vis the carrier.

The Professional Purchaser must provide any justification as to the reality of the defects or anomalies observed or of the non-conformity of the Products.

6.2 Return and replacement

6.2.1 General stipulations

No Product return can be made by the Purchaser without the prior written consent of BY JOYCE .

Any Product returned without the prior consent of BY JOYCE would be made available to the Purchaser and would not give rise to the establishment of a credit or a refund.

The costs and risks of the return are the responsibility of the Purchaser, and cannot be the responsibility of BY JOYCE that in the sole case of an apparent defect or non-conformity of a Product actually observed by BY JOYCE .

Returned Products will be accompanied by a return slip to be attached to the package and the corresponding invoice and must be in the state in which the carrier delivered them, namely in their original packaging and with the label of their price, new (never worn or washed), complete and in perfect condition. In the event of non-compliance with these conditions, the Products will not be exchanged or reimbursed.

The Buyer has the option of returning the Products either by means of a carrier (in particular in the form of a postal package), or by bringing them back to one of the BY shops. JOYCE , the list and contact details of which are available on the Site.

After finding by BY JOYCE of the existence of an apparent defect or non-conformity of the delivered Product, the Purchaser may only request the free replacement, subject to availability, the reimbursement of the Product or a reduction in the price of the Product if he decides to keep it, to the exclusion of any compensation or damages.

6.2.2 Additional provisions applicable only to the Professional Purchaser

No return request will be accepted after a period of eight (8) days following delivery.

In addition, the return of the Product must be made within fifteen (15) days of acceptance by BY JOYCE of this return.

Any Product returned outside of the aforementioned deadlines will be held at the disposal of the Professional Purchaser and will not give rise to the establishment of a credit or a refund.

ARTICLE 7: TRANSFER OF RISKS

7.1 Transfer of risk for the Professional Purchaser only

BY JOYCE retains ownership of the Products ordered until full payment of the total price of the order by the Professional Purchaser.

The transfer of risks on the Products takes place as soon as the Products are handed over to the carrier with a view to their delivery to the Professional Purchaser.

It follows in particular that the Products travel at the risk and peril of the Professional Purchaser, to whom it belongs in the event of damage, loss or missing items, to make all reservations or to exercise all recourse with the responsible carriers.

7.2 Transfer of risk for the Purchaser-Consumer only

BY JOYCE retains ownership of the Products ordered until full payment of the total price of the order by the Purchaser-Consumer.

The transfer of risks on the Products takes place upon delivery of the Products to the Consumer Purchaser or a third party designated by him, and other than the carrier offered by BY JOYCE .

When the Consumer Buyer entrusts the delivery of the goods to a carrier other than that offered by BY JOYCE , the risk of loss or damage to the Products is transferred to the Purchaser-Consumer when the goods are handed over to the carrier.

ARTICLE 8: RIGHT OF WITHDRAWAL (Clause only applicable to the Consumer Buyer)

The Consumer Buyer has, in accordance with the provisions of Articles L.121-21 et seq. Of the Consumer Code, a right of withdrawal that he can exercise without having to justify his decision, within fourteen (14) days from taking possession of the Products by himself or by a third party designated by him other than the carrier. When the period of fourteen (14) days mentioned above expires on a Sunday or a public holiday in France, it is extended until the next working day.

In the case of an order for several goods delivered separately, the withdrawal period starts from receipt of the last good corresponding to the order.

The Consumer Buyer who wishes to exercise his right of withdrawal must inform BY JOYCE of its decision, by mail, or by accessing the section concerned from its customer account on the Site, before the expiration of the aforementioned period, and return the Products to BY JOYCE , accompanied by the return slip, the corresponding invoice and in their original packaging, with their price tag, new (never worn or washed), complete and in perfect condition. In the event of non-compliance with these conditions, the Products will not be reimbursed.

The return costs will be the sole responsibility of the Purchaser-Consumer.

The Purchaser-Consumer has the option of returning the Products either by means of a carrier (in particular in the form of a postal package), or by bringing them back to one of the BY shops. JOYCE , the list and contact details of which are available on the Site.

The refund of the price of the order will be made by transfer to the Buyer's bank account or Paypal account within fourteen (14) days from the date on which BY JOYCE will have been informed of the decision of the Purchaser-Consumer to withdraw. This period may be extended until receipt by BY JOYCE Products returned by the Consumer Buyer or until the Consumer Buyer has provided proof of shipment of the Products.

The reimbursement will correspond to the price of the Products.

In the event of non-compliance with the repayment deadline mentioned above, the amounts due will be increased by the following rates:

  • up to ten (10) days late: legal interest rate;
  • between ten (10) and twenty (20) days late: five percent (5%);
  • between twenty (20) and thirty (30) days late: ten percent (10%);
  • between thirty (30) and sixty (60) days late: twenty percent (20%);
  • between sixty (60) and ninety (90) days late: fifty percent (50%);
  • beyond ninety (90) days of delay: fifty percent (50%) and five (5) additional points per new month of delay, up to the price of the Product, then added by the legal interest rate.

ARTICLE 9: GUARANTEE OF HIDDEN DEFECTS

9.1 Scope of the guarantee

BY JOYCE is bound by the warranty due to hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the Buyer has not acquired it, or has not given it than a lower price, if he had known them.

The warranty covers any hidden defect resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use.

The guarantee does not apply in particular for:

  • apparent defects;
  • defects and deterioration caused by natural wear and tear or by the conditions of storage by the Purchaser;
  • use of the Product by the Purchaser under abnormal conditions; Where
  • a modification or adaptation of the Product by the Purchaser.

The warranty allows the Purchaser to obtain the replacement of the Product affected by a defect, or a reduction in its price if he decides to keep the Product. The terms of return and replacement of Products are the same as those applicable for Products that do not conform or have an apparent defect according to article 6.2.1 above.

9.2 Warranty period for the Consumer Buyer only

The action resulting from crippling defects must be brought by the purchaser within two (2) years from the discovery of the defect.

9.3 Warranty period for the Professional Purchaser only

The Products benefit from a guarantee for a period of fifteen (15) days from the date of delivery.

In order to assert his rights, the Professional Purchaser must, on pain of forfeiture of any related action, inform BY JOYCE , in writing, of the existence of the defects within a maximum period of eight (8) days from their discovery.

Any Product returned outside of the aforementioned deadlines will be held at the disposal of the Professional Purchaser and will not give rise to the establishment of a credit or a refund.

ARTICLE 10: COMPUTING AND FREEDOM

Pursuant to Law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Purchaser are necessary, in particular, for the processing of his order, for the preparation of invoices.

The processing of information communicated through the Site has been declared to the CNIL.

The Purchaser has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification and opposition of information concerning him. This information appears on the Buyer's customer account and the latter can access it at any time using his username and password. The Buyer can also exercise his right of access, modification, rectification and opposition by sending a letter or email to BY JOYCE , at the addresses mentioned in article 1 of these General Conditions of Sale.

When creating their customer account on the Site, the Buyer will have the possibility to choose whether they wish to receive offers or newsletters from BY JOYCE and its partners.

ARTICLE 11: INTELLECTUAL PROPERTY

BY brands JOYCE and all the elements appearing on the Site are protected by all the intellectual property rights relating thereto.

Any total or partial reproduction of the Site or its content is strictly prohibited and is liable to constitute an offense of counterfeiting. Likewise, any unauthorized use of BY brands JOYCE is likely to constitute an offense of counterfeiting.

ARTICLE 12: LANGUAGE

These General Conditions of Sale are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.

ARTICLE 13: APPLICABLE LAW AND COMPETENT JURISDICTION

These General Conditions of Sale are governed by and subject to internal French law.

All disputes to which these General Terms and Conditions of Sale could give rise, concerning its validity, interpretation, execution, termination, their consequences and their consequences will be submitted to the Commercial Court of Bobigny when the Buyer is a Professional Buyer and to the competent court when the Buyer is a Consumer Buyer.

In accordance with the provisions of Articles L.133-4 and L.423-15 of the Consumer Code, the Purchaser is informed of the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or to any other Alternative dispute resolution method, particularly in the context of a class action.