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TERMS OF SALES
Update of the 06/08/16
Add country in the designation "Territory"
Update of the 30/12/16
Adding paragraph 7.4 to "Article 7"
Update of the 18/06/18
Adding AFTER SALES SERVICE in "Annex 1"
These General Conditions of Sale (hereinafter the "General Terms and Conditions") apply to any purchase made by an Internet user / natural person (hereinafter the "CLIENT") on the website www.jewelrydrinks.com After the "SITE") with L INTEGRALE, SARL registered in the register of commerce and companies of FREJUS
Under number 452978182, having its registered office at L INTEGRALE Jewelry Drinks 293 Chemin des Vernedes 83480 PUGET-SUR-ARGENS,
France Tel: 0967155430,
Email: firstname.lastname@example.org (hereinafter the "SELLER").
Any order placed on the SITE implies the unreserved acceptance by the CLIENT of the present general conditions of sale.
Article 1. Definitions
The following terms have the following meanings in these Terms and Conditions:
"CUSTOMER": means the contractual partner of the SELLER, who guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly foreseen that this CUSTOMER acts outside any usual or commercial activity.
"DELIVERY" means the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated at the time of the order.
"PRODUCTS": means all the products available on the SITE.
"TERRITORY": means FRANCE Métropolitaine (excluding DOM / TOM), Germany, Austria, Belgium, Denmark, Spain, Finland, Great Britain, Greece, Ireland, Italy , The Netherlands, Portugal and Sweden.
Article 2. Purpose
These General Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS.
The CLIENT is clearly informed and acknowledges that the SITE is aimed at consumers and that the professionals must contact the sales department of the SELLER in order to benefit from different contractual conditions
Article 3. Acceptance of general conditions
The CUSTOMER agrees to read these General Conditions carefully and accept them before proceeding to the payment of an order of PRODUCTS passed on the SITE.
These Terms and Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to read carefully, download, print the General Conditions and keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions for each new order, the latest version of the Conditions applying to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second button to confirm the order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. Purchase of products on the site
To be able to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity or, if a minor, be able to justify the agreement of his legal representatives.
The CLIENT will be invited to provide information allowing to identify it by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be filled in order for the CLIENT's order to be processed by the SELLER. The CLIENT can check on the SITE the status of his order. The follow-up of the DELIVERIES can, if necessary, be carried out using the online monitoring tools of certain carriers. The CLIENT may also contact the SELLER's sales department at any time by e-mail at email@example.com to obtain information on the status of his order.
The information that the CLIENT provides to the SELLER during an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
Article 5. Orders
Article 5.1 Characteristics of products
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CLIENT must receive under the applicable law (in these General Terms and Conditions).
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless expressly stated otherwise on the SITE, all the PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.
Article 5.2. Ordering procedure
The PRODUCT orders are placed directly on the SITE. To make an order, the CLIENT must follow the steps described below (please note, however, that depending on the CUSTOMER start page, the steps may differ slightly).
5.2.1. PRODUCT selection and purchase options
The CLIENT will have to select the PRODUCT (s) of his choice by clicking on the PRODUCT (s) concerned and choosing the characteristics and quantities desired. Once the PRODUCT is selected, the PRODUCT is placed in the CLIENT basket. The latter can then add to his basket as many PRODUCTS as he wishes.
Once the PRODUCTS have been selected and placed in its basket, the CLIENT must click on the basket and check that the content of his order is correct. If the CLIENT has not yet done so, he will then be asked to identify himself or to register.
Once the CLIENT has validated the contents of the basket and has identified himself / herself / registered, he / she will display to him / her an online form completed automatically and recapitulating the price, the applicable taxes and, if applicable, delivery.
The CUSTOMER is invited to check the contents of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its contents.
The CUSTOMER can then proceed to the payment of the PRODUCTS following the instructions indicated on the SITE and to provide all the information necessary for the invoicing and the DELIVERY OF THE PRODUCTS. For the PRODUCTS for which options are available, these specific references appear when the correct options have been selected. The orders placed must include all the information necessary for the correct processing of the order.
The CLIENT must also select the delivery method chosen.
5.2.3. Acknowledgment of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address communicated through the registration form is correct. .
The SELLER does not send any order confirmation by post or fax.
During the ordering process, the CUSTOMER must enter the information required for invoicing (the sign (*) will indicate the mandatory fields to be filled in order for the CLIENT to be processed by the SELLER).
The CUSTOMER must clearly indicate all the information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the DELIVERY address.
The CLIENT must then specify the means of payment chosen.
Neither the order form that the CLIENT establishes online nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail do constitute an invoice. Whatever the order or payment method used, the CLIENT will receive the original invoice on DELIVERY of the PRODUCTS, inside the package.
5.3. Date of the order
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE do not begin to run until this date.
For all PRODUCTS, the CUSTOMER will find on the SITE prices in euros including all applicable taxes, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or Mode of transport).
Prices include, in particular, value added tax (VAT) at the rate in force on the date of order. Any change in the applicable rate may impact the price of the PRODUCTS from the effective date of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of suppliers of the SELLER are subject to change. As a result, the prices shown on the SITE may change. They may also be modified in the case of special offers or sales.
The prices quoted are valid, unless there is a gross error. The applicable price is that indicated on the SITE on the date the order is placed by the CLIENT.
5.5. Availability of PRODUCTS
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the RESTORATION of a PRODUCT by the SELLER.
In any event, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
The SELLER may, at the request of the CLIENT:
Either offer to ship all the PRODUCTS at the same time as soon as the PRODUCTS out of stock will be available again,
Either a partial shipment of the PRODUCTS available initially and then shipment of the rest of the order when the other PRODUCTS will be available, subject to clear information regarding the additional transport costs that may be incurred,
Either propose an alternative PRODUCT of quality and equivalent prices, accepted by the CLIENT.
If the CLIENT decides to cancel his order of unavailable PRODUCTS, he will get refund of all sums paid for the PRODUCTS unavailable no later than thirty (30) days of payment.
Article 6. Right of withdrawal
The terms of the right of withdrawal are provided in the "policy of retraction", policy available in Appendix 1 of the present and accessible at the bottom of each page of the SITE via a hypertext link.
Article 7. Payment
7.1. Means of payment
The CLIENT can pay his PRODUCTS online on the SITE according to the means proposed by the SELLER.
The CUSTOMER warrants to the SELLER that he holds all the authorizations required to use the chosen means of payment.
The SELLER will take all necessary measures to ensure the security and confidentiality of the data transmitted online as part of the on-line payment on the SITE.
It is for this reason that all the information relating to the payment provided on the SITE are transmitted to the bank of the SITE and are not processed on the SITE.
7.2. Payment date
In case of single payment by credit card, the account of the CLIENT will be debited as soon as the order of PRODUCTS passed on the SITE.
In the case of a partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first package is shipped. If the CLIENT decides to cancel his order of unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these Terms and Conditions.
7.3. Delay or denial of payment
If the bank refuses to debit a card or other means of payment, the CLIENT must contact the Customer Service of the SELLER in order to pay the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the money flow due by the CLIENT would prove impossible, the order will be canceled and the sale automatically terminated.
7.4. Times after settlement
For orders over 3000 € a delay will be applied until the complete transaction of the operation in bank.
Article 8. Proof and Archiving
Any contract concluded with the CUSTOMER corresponding to an order of more than 120 euros TTC will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.
The SELLER agrees to store this information in order to keep track of the transactions and to produce a copy of the contract at the request of the CLIENT.
In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until their complete payment by the CLIENT.
The foregoing provisions shall not preclude the transfer to the CUSTOMER of the risks of loss or damage of the PRODUCTS subject to the reservation to the CUSTOMER at the time of receipt by him or a third party designated by him other than the carrier Ownership, and the risk of harm.
Article 10. Delivery
The terms of DELIVERY of the PRODUCTS are provided in the "delivery policy" referred to in Appendix 2 of the present and accessible at the bottom of each page of the SITE via a hypertext link.
Article 11. Packaging
The PRODUCTS will be packed in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during the DELIVERY. CUSTOMERS agree to respect the same standards when returning PRODUCTS under the conditions set out in Appendix 1 - Cancellation Policy.
Article 12. Guarantees
12.1. Compliance Warranty
Article L.211-4 of the Consumer Code: "The seller is obliged to deliver goods in conformity with the contract and is liable for defects of conformity existing at the time of issue. It also answers to the defects of conformity resulting from the packaging, the assembly instructions or the installation when this was charged to it by the contract or was carried out under its responsibility. "
Article L.211-5 of the Consumer Code: To comply with the contract, the property must:
1. Be fit for the customary use of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities which he has presented to the buyer in the form of a sample or a model;
- present the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or present the characteristics defined by mutual agreement by the parties or be specific to any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.
The SELLER is obliged to deliver a PRODUCT in conformity that is to say suitable for the expected use of a similar good and corresponding to the description given on the SITE. This compliance also presupposes that the PRODUCT presents the qualities that a buyer can legitimately expect in view of the public statements made by the SELLER, including advertisements and labeling
In this context, the SELLER is liable to answer for any existing conformity defects on delivery and for non-conformities resulting from the packaging, installation instructions or installation when this has been charged to him or Was carried out under his responsibility.
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the PRODUCT. (Article L.211-12 of the French Consumer Code)
In the event of non-conformity, the CLIENT may request the replacement or repair of the PRODUCT, at his option. However, if the cost of the CLIENT's choice is clearly disproportionate to the other option, considering the value of the PRODUCT or the size of the defect, the SELLER may proceed to a refund without following the chosen option by the customer.
In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of the PRODUCT returned and in return for the return of the PRODUCT by the CLIENT to the following address L INTEGRALE Jewelry Drinks Write a review 293 Chemin des Vernedes 83480 PUGET-SUR-ARGENS.
Finally, the CUSTOMER is exempt from proof of the lack of conformity of the PRODUCT during the six (6) months following the delivery of the goods.
It is specified that this legal guarantee of conformity applies irrespective of the commercial guarantee granted, if any, on the PRODUCTS.
12.2. Guarantee of hidden defects
The SELLER is liable for the hidden defects of the PRODUCT sold which render it unsuitable for its intended use or which so diminishes this use that the CLIENT would not have acquired it or would have given it A lesser price, if he had known them. (Article 1641 of the Civil Code)
This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between the reimbursement of the price of the PRODUCT if it is returned and the reimbursement of a part of its price if the PRODUCT is not returned.
In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of the PRODUCT returned and in return for the return of the PRODUCT by the CLIENT to the following address L INTEGRALE Jewelry Drinks Write a review 293 Chemin des Vernedes 83480 PUGET-SUR-ARGENS. The action resulting from the defects must be initiated by the CLIENT within two (2) years from the discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code)
Article 13. Liability
In no event shall the SELLER be liable in the event of non-performance or improper performance of the contractual obligations attributable to the CLIENT, in particular when entering his order.
The SELLER can not be held responsible or considered to have failed in the present for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence French courts and tribunals.
It is further specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published therein. Links to third party websites are provided for information purposes only and are not warranted as to their content.
Article 14. Personal data
The SELLER collects on the SITE personal data concerning his Clients, including by means of cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
The data collected by the SELLER are used to process orders placed on the SITE, to manage the CUSTOMER account, to analyze the orders and, if the CUSTOMER has chosen this option, send him commercial prospecting letters, newsletters, offers Promotional materials and / or special sales information, unless the CLIENT no longer wishes to receive such communications from the SELLER.
The data of the CLIENT are kept confidential by the SELLER in accordance with its declaration made with the CNIL, for the needs of the contract, its execution and in compliance with the law.
CUSTOMERS may at any time unsubscribe by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by e-mail.
The data may be communicated, in whole or in part, to the service providers of the SELLER involved in the ordering process. For commercial purposes, the SELLER may transfer to his trading partners the names and contact details of his CUSTOMERS, provided that they have given their prior agreement when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER.
The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.
In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing and freedoms, the CLIENT has a right of access, rectification, opposition (for legitimate reasons) and suppression Of his personal data. He may exercise this right by sending an e-mail to: firstname.lastname@example.org or by sending a letter to L INTEGRALE Jewelry Drinks 293 Chemin des Vernedes 83480 PUGET-SUR-ARGENS.
It is stipulated that the CUSTOMER must be able to prove his identity, either by scanning a piece of identification or by sending to the SELLER a photocopy of his ID.
Article 15. Complaints
The SELLER places at the disposal of the CUSTOMER a "Customer Telephone Service" at the following number: 0967155430 (number not surcharged).
Any written complaint from the CLIENT must be sent to the following address: L INTEGRALE Jewelry Drinks 293 Chemin des Vernedes 83480 PUGET-SUR-ARGENS.
Article 16. Intellectual property
All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and / or patent law.
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hyperlink to the SITE must request the authorization of the SELLER in writing.
This authorization of the SELLER will in no case be granted definitively. This link should be deleted at the request of the SELLER. Hyperlinks to the SITE that use techniques such as framing or hyperlinking are strictly forbidden.
Article 17. Validity of the General Conditions
Any modification of the laws or regulations in force or any decision of a competent court invalidating one or more clauses of these General Conditions can not affect the validity of the present General Conditions. Such modification or decision does not authorize CUSTOMERS to disregard these Terms and Conditions.
All conditions not expressly dealt with herein shall be governed in accordance with the practice of the private sector for companies whose registered office is in France.
Article 18. Amendment of the General Conditions
These Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The Terms and Conditions are dated precisely and may be modified and updated by the SELLER at any time. The General Conditions applicable are those in force at the time of the order.
The modifications made to the General Conditions will not apply to the PRODUCTS already bought.
Article 19. Jurisdiction and Applicable Law
These General Conditions and the relations between the CLIENT and the SELLER are governed by French law.
In case of dispute, only the French courts will be competent.
However, prior to any appeal to the arbitral or state courts, negotiations shall be privileged in a spirit of loyalty and good faith with a view to reaching an amicable settlement upon the occurrence of any dispute relating to this contract, validity.
The party wishing to implement the negotiation process should inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If, after a period of fifteen (15) days, the parties fail to agree, the dispute shall be referred to the competent court hereinafter referred to.
Throughout the negotiation process and up to its conclusion, the parties shall refrain from pursuing any legal action against each other and for the conflict that is the subject of the negotiation. By way of exception, the parties are entitled to refer the matter to the court of first instance or to apply for an order on application. A possible action before the court of summary proceedings or the implementation of a procedure on request does not entail any renunciation by the parties of the clause of amicable agreement unless expressly stated otherwise.
RETRACTATION POLICY and AFTER SALES SERVICE
Principle of retraction
The CLIENT shall in principle have the right to return or return the PRODUCT to the SELLER or to a person designated by him without undue delay and no later than fourteen (14) days after notification of his decision to withdraw, Unless the SELLER proposes to recover the PRODUCT.
The withdrawal period expires fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CUSTOMER, physically takes possession of the PRODUCT.
In the event that the CLIENT has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) calendar days After the day on which the CLIENT, or a third party other than the carrier and designated by the CUSTOMER, physically takes possession of the last PRODUCT delivered.
Notification of right of withdrawal
To exercise its right of withdrawal, the CUSTOMER must notify his decision to withdraw from this contract by means of an unambiguous declaration to: L INTEGRALE Jewelry Drinks 293 Chemin des Vernedes 83480 PUGET-SUR-ARGENS or contact @ jewelrydrinks. Com.
It can also use the form below:
For the attention of [*] (* SELLER CONTACT)
SELLER * Telephone number:
SELLER * Fax Number:
E-mail address of the SELLER *:
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below:
Number of the invoice:
Purchase order number:
- Ordered on [____________] / received on [________________]
- Payment method used:
- Name of the CLIENT and, if applicable, the beneficiary of the order:
- CLIENT address:
- Delivery address :
- CLIENT's signature (except in case of transmission by email)
In order for the withdrawal period to be respected, the CLIENT must transmit its communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of retraction
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all the sums paid, including delivery costs without undue delay and, in any event, no later than fourteen (14) days The day on which the SELLER is informed of the CLIENT's intention to retract.
The SELLER will proceed to the refund using the same means of payment as the CUSTOMER will have used for the initial transaction, unless the CLIENT expressly agrees to a different means, in any case, this reimbursement will not incur costs to the customer.
The SELLER may defer repayment until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, whichever is the earlier.
The CLIENT shall, without delay and in any event not later than fourteen (14) days after notification of its decision to withdraw from this contract, return the goods to: L INTEGRALE Jewelry Drinks 293 Chemin des Vernedes 83480 PUGET-SUR-ARGENS.
This period shall be deemed to have been complied with if the CLIENT returns the property before the expiry of the 14-day period.
The CUSTOMER shall bear the direct costs of returning the goods.
Condition of the property returned
The PRODUCT must be returned according to the instructions of the SELLER and include in particular all accessories delivered.
The CUSTOMER is liable only for the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility to test the PRODUCT, but its responsibility can be engaged if it carries out manipulations other than those that are necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded under the following assumptions:
Supply of goods or services whose price depends on fluctuations on the financial market
Supply of goods made according to CLIENT specifications or clearly personalized
Supply of goods liable to deteriorate or to perish rapidly
Provision of audio or video recordings or sealed software that have been unsealed after delivery
Journal, periodical, magazine (except subscription contract)
Provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, restaurants or recreational services if the offer provides for a specific date or period of performance
Supply of goods which by their nature are indissociably mixed with other goods
Supplies of sealed goods that can not be returned for reasons of health protection or hygiene and that have been unsealed by the CLIENT after the DELIVERY
The supply of alcoholic beverages, the price of which has been agreed at the time of conclusion of the contract of sale, the delivery of which can only be made after 30 days and the actual value of which depends on fluctuations in the market beyond the control of the SELLER
Provision of non-dematerialized digital content if execution has begun with the prior express consent of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal
Contracts concluded at a public auction
The PRODUCTS offered can only be delivered on the TERRITORY.
It is impossible to place an order for any delivery address located outside this TERRITORY.
The PRODUCTS are sent to the address (es) of delivery that the CLIENT will have indicated during the ordering process.
The deadlines for preparing an order and then establishing the invoice before shipment of the PRODUCTS in stock are mentioned on the SITE. These periods are excluded weekends or public holidays.
An email will automatically be sent to the CUSTOMER at the time of shipment of the PRODUCTS, provided that the e-mail address in the registration form is correct.
Shipping & Returns
During the order process, the SELLER informs the CUSTOMER of the possible delays and shipping formulas for the PRODUCTS purchased.
Shipping costs are calculated according to the method of delivery. The amount of these costs will be due by the CLIENT in addition to the price of the PRODUCTS purchased.
Details of delivery times and costs are detailed on the SITE.
Terms of Delivery
The parcel will be handed to the CUSTOMER for signature and on presentation of an identity document.
In case of absence, a notice of transit will be left to the CUSTOMER, in order to allow him to pick up his parcel in his post office.
Problems with DELIVERY
The CUSTOMER is informed of the delivery date fixed at the time he chooses the carrier, at the end of the online ordering process, before confirming the order.
It is specified that deliveries will be made within thirty (30) days maximum. Failing this, the CUSTOMER must give notice to the SELLER to deliver within a reasonable time and in case of non-delivery within this period, he may terminate the contract.
The SELLER will refund, without undue delay from receipt of the cancellation letter, the CUSTOMER the total amount paid for the PRODUCTS, taxes and delivery charges included, using the same method of payment as that used by the CLIENT to purchase products.
The SELLER is responsible until the PRODUCT is delivered to the CLIENT. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of the partial damage or losses observed at the time of delivery.