Terms and conditions

The site (hereinafter referred to as the “Site”) is an e-commerce site accessible via the Internet at the following address: www.cosmae.com

It is published by the company: COSMAE SAS Simplified joint stock company with capital of €100,000, whose registered office is located at 249 impasse du marsh 29800 Saint-Thonan, registered in the Brest trade and companies register under number 897 559 829 (hereinafter referred to as “COSMAE”).

These general conditions of sale exclusively govern sales of COSMAE products made via its website www.cosmae.com. They are systematically accessible on this site by the buyer when registering the order. Consequently, the fact of placing an order implies the buyer's acceptance of these general conditions of sale to the exclusion of any other condition present in prospectuses, catalogs issued by COSMAE and in particular those applicable for sales in stores by resellers through other distribution and marketing channels. COSMAE and the Clients are hereinafter collectively defined by the “Parties” and individually by the “Party”. COSMAE reserves the right to modify at any time these general conditions of sale and guarantees, as well as the content of the information published on the site, at any time and without notice, it being understood that the modifications made will not be applicable to validated orders. by the customer, accepted and confirmed by COSMAE.

The customer acknowledges having read and accepted the conditions and terms of these general conditions of sale (hereinafter the "GTC"). The T&Cs express all of the obligations of the Parties. The Customer is deemed to accept them without reservation.

They are accessible on the site and will prevail, if necessary, over any other version or any other contradictory document. It is specified that the customer has the possibility of saving and/or printing the GCS, on the condition that the latter does not make any modification. If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

COSMAE SAS

249 impasse du marais

29800 SAINT-THONAN

897 559 829 RCS de BREST

N° de TVA intracommunautaire : FR45897559829

e-mail : info@cosmae.com

This site is hosted by Dutiko

37 rue des Mathurins - 75008 Paris

https://www.dutiko.com/

Tél : 01 84 16 62 22

For any information, question or advice, our Customer Service is at your disposal:

• By MAIL: COSMAE SAS 249 impasse du Marais 29800 SAINT-THONAN
• On our WEBSITE via our Contact Form
• By E-MAIL: info@cosmae.com
• By Messenger by clicking on the icon at the bottom right

Prior to his order, the Customer can directly find out on the Site, the essential characteristics of the Products he wishes to order.

The User also acknowledges that the promotional offers are valid as long as they are published on the Site and within the limit of the validity of the offer concerned.

COSMAE reserves the right to modify its prices at any time, but undertakes to apply the prices in force indicated on the date of the order, subject to the availability of the products at the time of the order. If the order is validated and the products are unavailable after the date of the order, the price indicated on the date of the order will be applied to them, even if this price changes before the delivery of the said products.

Prices are quoted in euros all taxes included. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. They take into account the VAT applicable on the day of the order. Any change in the applicable rate may be passed on to the prices of the products.

If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the sale price. The offers offered on the site are only valid for the duration mentioned in the media promoting them.

• Selection of the item(s) to order to add them to the basket. Possible entry of a code/offer to benefit from a price, gift or promotion. The customer can at any time check the details and content of his basket, the corresponding price and make any useful changes.
• Registration of the order: in all cases, the provision of personal information necessary for the processing and delivery of orders is mandatory.
• Choice and validation of the delivery method.
• Choice and validation of payment methods, among those proposed.
• When the order is confirmed by the Customer, by clicking on the "buy" button, the Customer declares to accept it, as well as all of these general conditions of sale. Furthermore, COSMAE provides the Customer with a copy of the order, confirming the express commitment of the Parties.

Upon registration of the order, a detailed acknowledgment of receipt thereof is sent to the customer's email address. This acknowledgment of receipt summarizes all the constituent elements of the order, including the exact amount invoiced and the terms of delivery.

It is specified that the acknowledgment of receipt of order will in no way constitute confirmation of the availability of the product(s) ordered or validation of payment for the order.

Any order implies acceptance of the prices and descriptions of the Products and Services available for sale.

An order is deemed to have been placed on the website and the general conditions of sale and guarantees accepted once the buyer has validated his payment. The buyer acknowledges that the data recorded by COSMAE and the secure payment provider constitute proof of the nature, content and date of the order. The compulsory tick of the General Conditions of Sale and Guarantees for validation of their approval by the Customer and the click to proceed to payment via the secure payment site constitute an electronic signature which has the same value as a handwritten signature, and an irrevocable acceptance and without reserve of the order and its conditions by the buyer.

The sale will only be considered final after the order confirmation has been sent to the buyer by COSMAE and COSMAE has collected the full price.

In the event of non-payment, and/or incorrect Customer address, and/or any other problem inherent in the Customer's account, COSMAE reserves the right to block the Customer's order until the problem is resolved.

COSMAE also reserves the right to cancel any order from a buyer with whom there is a previous payment dispute or for any other legitimate reason. In case of doubt, COSMAE reserves the right to ask the Customer to send it by e-mail a copy of an identity document and/or proof of address.

The products offered on the site are only valid within the limits of available stocks. The customer cannot select a product whose unavailability is known in advance. For any question relating to the follow-up of an order, the Customer can contact customer service.

Payment for purchases on the Site is made exclusively in Euros.

The Customer's order is imperatively validated by its payment, due from the order.

The Customer can pay for his order by bank card.

The only payment cards accepted on the Site are: Visa, Mastercard The Customer's account will be debited with the total amount of the products purchased for their value including tax, at the time of validation of his order.

However, COSMAE reserves the right to suspend the order and any delivery in the event of refusal of authorization of payment by credit card from the accredited organization or in the event of non-payment.

COSMAE also reserves the right to suspend the order in progress if a payment dispute or of any other nature on a previous Customer order was in the process of being administered. COSMAE implements all means to ensure the confidentiality and security of data transmitted on the web.

Payments made by the Customer will only be considered final after COSMAE has actually received the sums owed by the latter. COSMAE cannot be held responsible for any embezzlement or fraudulent use of any means of payment that would not have been detected by the verification procedure.

The buyer guarantees to COSMAE that he has the necessary authorizations to use the method of payment he has chosen for his order. In addition, the Customer is invited, as soon as fraudulent use of his means of payment is observed, to contact customer service.

The computerized registers, kept in COSMAE's computer systems, under reasonable security conditions, will be considered as proof of communications, orders and payments made between the Parties. The archiving of orders and invoices is carried out on a durable and reliable medium that can be produced as proof.

Delivery means the transfer of physical possession and control of the Product by the Customer. It is only carried out after confirmation of payment by the COSMAE banking institution.

Once registered, the order will be delivered to the address indicated by the Customer. COSMAE cannot be held responsible for the absence of delivery to the Customer if the address indicated is incorrect or incomplete. The Customer is therefore responsible for the accuracy of his billing and delivery addresses. Any package thus returned to COSMAE due to an incorrect or incomplete delivery address will be reshipped at the Customer's expense.

For the routing of its deliveries, COSMAE uses the services of Colissimo for direct delivery to the Customer's home or to the address of his choice.

Whatever the delivery method chosen, the Customer must confirm receipt of his package, and can therefore check the condition of the package and the products upon receipt.

If, at the time of delivery, the package is damaged, torn, open, the Customer must check the condition of the Products. If these have been damaged, the Customer must imperatively issue the following reservation to Colissimo: "open or damaged package".

The Customer must indicate, in the form of reservations, any anomaly concerning the delivery such as, and not limited to, damage, Without reservations issued by the customer to colissimo within 24 hours of delivery, the verification of the package is deemed to have been made. .

If the package does not show any apparent anomaly, and the Customer finds that the products are damaged or missing or non-compliant, when it is opened, the Customer then has 24 hours to contact cosmae customer service via the form contact information on the website www.cosmae.com.

If the products received are damaged, do not comply with the order or its expectations, the Customer has a withdrawal period of fourteen (14) days from the delivery of his order. When the fourteen (14) day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day. Within this period, the Customer must inform COSMAE of its decision to withdraw by sending a letter or an e-mail to the contact details indicated on the Site or in these General Conditions of Sale.

The Customer then has a period of 14 clear days from the date of his formal request for withdrawal to return the products to Laboratoire COSMAE SAS, 249 Impasse du Marais 29800 Saint-Thonan, in their original state (packaging, accessory, manual) and if and only if these have not been unsealed by the Customer. The return shipping costs of the package remain the responsibility of the Customer. The Customer will have the choice either to have the returned product(s) exchanged, or to be reimbursed for the amount paid for the returned product(s).

The exchange of the products or the reimbursement of the sums paid will take place at the latest within 14 days, from the date of receipt of the RIB and the returned products or receipt of the proof of shipment of the return, the date retained being the first of these facts. Beyond that, the sum due is, as of right, productive of interest at the legal rate in force.

Shipping costs and return costs will not be reimbursed and will remain the responsibility of the Customer, unless the products are returned because they do not correspond to the Customer's order (reference error) or if they have been damaged during transport and were the subject of a reservation by the Customer upon receipt. In these cases, and provided that the non-compliant and/or damaged products have not been unsealed by the Customer, the shipping costs of the initial order and the return costs will be reimbursed in full to the Customer.

In the event of an exchange error, any Product to be exchanged or refunded must be returned to COSMAE in its entirety and in its original packaging, to the following address: COSMAE SAS, 249 Impasse du Marais 29800 Saint-Thonan. Return costs are borne by COSMAE.

Any product unsealed by the Customer before its return to COSMAE will be considered as already used by the Customer, and, consequently, cannot be the subject of any exchange or refund, unless it reveals a problem of quality of the product contained in the packaging. In this case, COSMAE will carry out all the necessary analyzes and will bear all the costs remaining the responsibility of the Customer, if the non-conformity of the product was the responsibility of COSMAE.

For any additional information on the scope, content and instructions for exercising this right, the Customer may contact Customer Service.

The Customer benefits from the legal guarantee of conformity under the conditions of articles L.211-4 and following of the Consumer Code and the guarantee against hidden defects under the conditions provided for in articles 1641 and following of the Civil Code.

• Consumer Code – Article L211-4: the seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to defects of conformity resulting from the packaging […].
• Consumer Code – Article L211-5: to comply with the contract, the goods must:

1/ Be suitable for the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the latter has 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 present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.

• Consumer Code – Article L211-12: the action resulting from the lack of conformity is time-barred two years from the delivery of the goods.
• Civil Code – Article 1641: the seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known them.
• Civil Code – Article 1648 paragraph 1: the action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. When the Customer acts as a legal guarantee of conformity:

• He has a period of 2 years from the delivery of the property to act;

• He can choose between repairing or replacing the good, if this is obviously possible given the nature of the Products, subject to the cost conditions provided for in article L.217-9 of the consumer code;

• It is exempted from providing proof of the existence of the lack of conformity of the Product during the 24 months following the date of delivery of the goods. The legal guarantee of conformity applies independently of any commercial guarantee that may be granted to the Customer. When applicable, the Customer may decide to implement the guarantee against hidden defects within the meaning of article 1641 of the Civil Code. In this case, the Customer can choose between the resolution of the sale or a reduction of the sale price, as provided for in article 1644 of the Civil Code.

COSMAE cannot be held responsible for the non-performance of the contract concluded in the event of force majeure, disruption or total or partial strike, in particular of the postal services, means of transport and/or communications.

COSMAE recalls that in application of article 1146 of the Civil Code, unemancipated minors are incapable of contracting. Therefore, orders for minors must be placed by the holder of parental authority. In the event of accidental collection of personal data relating to a minor, the holder of parental authority has the ability to oppose their storage and/or transmission to third parties.

COSMAE cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with case law.

Any circumstance beyond the control of the Parties preventing the performance under normal conditions of their obligations are considered as causes for exemption from the obligations of the Parties and lead to their suspension.

The Party invoking the circumstances referred to above must immediately notify the other Party of their occurrence, as well as of their disappearance.

Will be considered as cases of force majeure all irresistible facts or circumstances, external to the Parties, unforeseeable, inevitable, beyond the control of the Parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, disruption of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The Parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, the contract may be terminated by the injured Party.

All elements of the Site, whether visual or sound (trademarks, designs, models, logos, photographs, graphics and all others, etc., as well as their compilation), including the underlying technology, are the exclusive property of COSMAE or of its suppliers and service providers, the latter not granting any license or any right other than that of consulting the Site.

In accordance with the laws governing intellectual property, any reproduction or representation, in whole or in part, of the Site or of one of the elements that compose it, is strictly prohibited, as is their alteration.

The information collected by COSMAE during any order from the buyer is necessary for order processing. Similarly, COSMAE may collect User data when registering for the Newsletter.

COSMAE reserves the right to collect data on the Internet user, in particular through the use of cookies. The Internet user has the possibility of refusing these cookies by activating this option on his browser, or of deleting them knowing that the use of the Site may be limited.

COSMAE will then be able to use this personal data in order to better inform Internet users about COSMAE's products and commercial offers or about any operation linked to competitions in particular. COSMAE undertakes not to transmit the identity and contact details of the Users of its services to a commercial partner outside of COSMAE.

In accordance with the law, the Internet user has a right of access, rectification, deletion and opposition to his personal data, a right which he can exercise by writing to: info@cosmae.com

The Customer who has a personal website and who wishes to place, for personal use on his site, a simple link directly to the homepage of the Site or to any other pages must request authorization from COSMAE. On the other hand, any hypertext link to the Site and using the technique of framing or in-line linking is strictly prohibited. In all cases, any link, even tacitly authorised, must be removed upon COSMAE's simple request.

The Site may contain hypertext links to other websites. COSMAE cannot be held liable if the content appearing on these websites contravenes the legal and regulatory provisions in force.

If one or more stipulations of the GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and their scope.

The fact for one of the Parties not to take advantage of a breach by the other Party of any of the obligations referred to in the GCS cannot be interpreted for the future as a waiver of the obligation in question.

In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

The T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

These general conditions of sale are subject to French law. The language of this contract is French. The conditions of sale corresponding to the offers offered on this Site, which is aimed at consumers buying in France, are in fact exclusively subject to the consumer protection provisions applicable in France. The proposed delivery conditions only concern metropolitan France. Therefore these conditions apply to sales concluded and executed in France.

In the absence of conciliation, any dispute relating to the interpretation, execution or termination of the contract concluded between COSMAE and the Customer will fall under the exclusive jurisdiction of the French courts.

For the attention of COSMAE SAS, 249 impasse du Marais 29800 Saint-Thonan, whose e-mail address is info@cosmae.com

I hereby notify you of my withdrawal from the contract relating to the sale of products and/or service(s):

Ordered on:

Received on:

Last name :

Address :

Signature: (if notification on paper)

Date :

Once the form is completed, please send it by email to info@cosmae.com or by post to COSMAE SAS, 249 impasse du marsh 29800 Saint-Thonan