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Delivery period
At the time of a purchase (pieces of furniture or car, generally) or at the time of an order of performance of service (domestic industries, for example), there exists often a time between the moment of the contract signature (signature of the purchase order or the estimate) and that of its execution (delivery of the good, realization of the service). It happens that the professional does not respect it or does not mention it in the purchase order.
The contract comprises a precise delivery period exceeded by the professional
You are protected by the article L. 114-1 from the Code from consumption.
- As soon as the good or the ordered service reached the sum of 500€, the professional must obligatorily mention in the contract, the deadline of the delivery or the execution of the ordered service.
- In the event of non-delivery of the good or inexecution of the service within the allowed time, the consumer has faculty to cancel the signed contract, without it being need to seize the judge, since the time envisaged by contract is exceeded of more than 7 days.
This right can be exerted only within one precise time: less than 60 working days (12 weeks) starting from the delivery date or of execution envisaged with the contract. At the end of this period, the consumer loses his right but it can still seize the judge to make cancel his contract.
To denounce a contract for absence of delivery, it is enough to send a registered letter with request for notice of receipt.
The contract famous is solved at the date of reception of the letter by the professional (date being reproduced on the notice of receipt), in condition however that the delivery of the good or the execution of the service did not intervene meanwhile.
- Once the cancelled contract, the professional is held to restore with the purchaser the versed sums. In the event of damage because of inexecution of the contract (cancellation of holidays because the ordered car was not delivered in time for example), you can ask in justice the payment of damages.
The contract does not comprise a delivery period or this time is mentioned only as an indication
It is up to the consumer to determine one duration of “reasonable” time by taking account of the customs and habits of the profession.
Once this term reached, to take advantage of your right to denounce the contract, it is appropriate to put the professional in residence to deliver within a precise time by registered letter.
In any assumption, in the event of delay in the delivery of the good or in the event of inexecution of the service ordered in the intended deadlines by the contract, the consumer can always ask to the judge (after having addressed to the salesman a registered letter with request for notice of receipt putting it in residence to deliver it within a precise time), the setting in possession of the good or the execution of the service, as well as the attribution of damages if this delay caused an injury to him which it is capable to prove.
The mentions “end of the month” or “beginning of month” on a purchase order of pieces of furniture were judged like satisfactory with the legal regulations on the delivery date (Court of Appeal, Paris, 3/7/2001).
Specific times exist as regards remote sale.
If you finance your purchase thanks to an affected credit, the delivery period is pushed back 7 days, time corresponding to that granted to the borrower-purchaser to retract.
If you of made the request express, you can reduce time for consideration to 3 days by mentioning it with the hand on the sale contract. It is the delivery of the goods which start the releasing of the funds by the lender and the beginning of the refunding of the contracted loan.
It is thus advisable to attentively check the good conformity of the delivered good
To borrow to offer a spa
Owner and tenants, repurchase of appropriations.
Concept of repurchase of appropriations.
The repurchase of appropriations is simply a new intended loan has refunding in priority the preceding loans and debts in all kinds, specified in the act of loan.
In the case of Owners, it should be noted that certain partners praetors agree to intervene in spite of the presence of a pointing for banking prohibition or for FICP, which is exceptional is.
Traditionally the conditions of intervention are:
- In fixed rate or fluctuating rate (wrapped or not wrapped)
- Over one duration maximum 30 years
- With a rate of debt after intervention which can go up to 43% of your regular incomes.
- A ration mortage holder who can go up to 90% of the value of your good attested is by Agence Real estate, Notaire or real Expert
Purchasing guide of the spa
The spa, formidable source of good being to the daily newspaper, has known one big hit for a few years.
The offer being widened considerably, it is not easy there retrouverer among the many models suggested.
The first glance, all the spas resemble each other. With seeing there of a little readier, one distinguishes a different interior installation. Lengthened seats, seats sitted…
For identical external dimensions, two spas can post very different tariffs. What is what that implies ? Which are the relevant criteria of purchase? Is this the number of jets?
Our ambition is to bring elements of reflexion to you in order to help you to see more clearly in the universe of the spa.
The criteria that we propose to you result from our experiment and the proximity which we have maintained with our customers for more than 30 years.
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