ARTICLE 5: DELIVERIES
Deliveries are only made according to availability and in the order of arrival of orders. BY JOYCE is authorized to make total or partial deliveries.
The costs of transporting the Products will be the sole responsibility of the Buyer.
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 times
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 in working days and are given for informational purposes only and are not 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 on which BY JOYCE has cashed l '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 orders in progress by the Professional Buyer, 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 may 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 Buyer Consumer 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 on which BY JOYCE has cashed l 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 resolve the sale by registered mail. with acknowledgment of receipt, subject to (i) that it has previously instructed BY JOYCE , under the same terms, to make delivery within a reasonable additional time, and (ii ) that BY JOYCE has not completed within this period.
Sale is considered resolved upon receipt by BY JOYCE from 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 rêts.
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 for during the validation of the order in the event of force majeure as defined by the Cour de Cassation. < / p>
Are considered as 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 the fulfillment of obligations completely impossible.
The following are in particular assimilated to cases of force majeure or fortuitous events discharging BY JOYCE from its delivery obligation: wars, riots, fires, floods, epidemics, strikes, accidents , impossibility of supplying raw material, as well as any disruption of supply attributable to suppliers.
In such circumstances, BY JOYCE will keep the Buyer informed, as soon as possible, in particular by mail, by fax or by e-mail, of the sales contract concluded between BY JOYCE and the Buyer being then suspended by operation of law 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 either 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 to the Professional Buyer and to the Consumer Buyer the price of their order within the deadlines provided for in article 5.2.1 and 5.2 .2, depending on the identity of the Purchaser.
5.2.4 Obligations of the Buyer
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 Purchaser has paid, where applicable, the price of the order under the conditions defined in article 3 above.