Preamble
The use of the website accessible at the address
www.cosmoparis.com (hereinafter referred to as the “Site”) is governed by these General Terms and Conditions of Use and Sale (hereinafter referred to as the “T&Cs”), which are concluded exclusively between (1) the company COSMOPARIS, registered with the Paris Trade and Companies Register under number 352 975 056, whose registered office is located at 211 rue Saint-Honoré 75001 PARIS, in its capacity as publisher of the Site, and (2) any person making a purchase on the Site (hereinafter referred to as the “Client”).
The Client expressly declares that he/she is a consumer, a natural person, not a professional nor a trader, that he/she is of legal age or holds parental authorization, and that he/she has full legal capacity to enter into a contract and place an online order on the Site.
COSMOPARIS reserves the right to (i) carry out any verification regarding the age of Clients and (ii) cancel any order that does not meet the conditions set out in the T&Cs, without this engaging the liability of COSMOPARIS.
The Site is an online sales platform offering ready-to-wear products such as lingerie, swimwear, sportswear, wellness items, shoes, leather goods, intended solely for consumer sales. The products are intended for the Client’s private and personal use.
COSMOPARIS and the Client are hereinafter referred to individually as a “Party” and collectively as the “Parties”.
Any use of the Site and/or purchase on the Site implies the Client’s unconditional acceptance of the T&Cs, in their most recent version in effect on the day of the order, which the Client acknowledges having read and expressly accepted by ticking, at the time of registration, the box “I acknowledge having read the General Terms and Conditions of Use and Sale of the Site, understand them and declare that I accept them”. The applicable T&Cs are available on the Site and may be printed by the Client directly from the Site.
COSMOPARIS reserves the right to adapt or modify the T&Cs at any time. Each order will be deemed placed in accordance with the T&Cs in force on the date of purchase, with the online publication date serving as the effective date.
ARTICLE 1. INFORMATION ABOUT THE SITE
Site Owner:
COSMOPARIS SARL
RCS Paris 352 975 056
Share capital: 11 806 392.01 euros
Registered office: 211 rue Saint-Honoré 75001 PARIS
VAT FR 42 352 975 0563
Publishing Director:
Mrs. Fiona MOREL – E-commerce Project Manager
ARTICLE 2. PURPOSE
The purpose of the T&Cs is to define the rights and obligations of COSMOPARIS and the Client concerning access to the Site, its use, and the sale of products.
ARTICLE 3. TERMS OF USE AND ACCESS TO THE WEBSITE
3.1. Description of the Site The Site allows the Client to access an online sales platform offering ready-to-wear products such as lingerie, swimwear, sportswear, wellness items, shoes, leather goods, to place orders, track them, and contact COSMOPARIS.
Access to the Site requires an internet connection and the use of standard web browsers (Google Chrome, Internet Explorer, Safari, Mozilla Firefox, Opera, etc.). This access is provided by a telecommunications operator under the sole responsibility and at the expense of the Client.
3.2. Access to the Site The Site is accessible upon creation of an account by the Client (hereinafter referred to as the “Account”).
3.2.1. Creating the Account To create an Account, the Client must:
- Have a valid email address and provide COSMOPARIS with truthful and accurate information.
- Choose a complex password consisting of at least 12 alphanumeric characters, including at least one uppercase letter, one lowercase letter, one digit, one punctuation mark or special character.
The Client is responsible for updating the provided information and may modify it at any time by logging into the Account.
Each Client may only hold one Account. If COSMOPARIS becomes aware that a Client holds multiple Accounts, COSMOPARIS will delete all of the Client’s Accounts pursuant to Article 21 of the T&Cs below.
The Client is solely responsible for activity carried out through the Account. The Client must never disclose their password to a third party, including to anyone claiming to be the Site owner, as COSMOPARIS will never request the Client’s password for any reason. If the Client discloses their password to a third party—whether another Client or anyone else—COSMOPARIS will delete the Client’s Account pursuant to Article 21 of the T&Cs below.
If the Client loses their username and/or password, they must contact COSMOPARIS by clicking on “
Forgot password? ”. After following COSMOPARIS’ instructions, the Client will receive a new username and/or password at the email address used when creating the Account, which can later be customized from the Site.
ARTICLE 4. PRODUCTS
4.1 Product Presentation
The products offered for sale on the Site are those displayed on the Site at the time of the Client’s visit.
The products are presented through an information sheet including, notably, the following: product name, size, color, description, composition, photos, and price, where applicable, prepared with maximum accuracy and precision to provide a faithful and complete description. However, due to the digital display of products online, the Client’s perception of the photographs may not perfectly match the actual product.
COSMOPARIS undertakes to remove from the Site any product that is no longer available, in accordance with applicable legislation.
COSMOPARIS also reserves the right to add new products, remove products, or modify their presentation at any time without formal notice to internet users or Clients.
4.2 Composition and Use Instructions
Legal information relating to product composition and/or instructions for use is available on each product sheet.
COSMOPARIS undertakes to deliver products that comply with legal and regulatory requirements relating to the safety and health of individuals, including legislation on regulated chemical substances (REACH).
The Client is solely responsible for product selection, storage, and use.
ARTICLE 5. ORDER CONFIRMATION ON THE SITE
To place an order on the Site, the Client will be guided through the following steps:
- Selection of products on the Site in the “cart”,
- Choice, when available, of the delivery method for the products shown in the “cart”,
- Presentation of an editable order summary and total price,
- Acceptance of payment and choice of payment method,
- Sending an order confirmation email to the Client after payment approval.
The order confirmation email sent to the Client constitutes COSMOPARIS’ acceptance of the Client’s order and confirms the formation of the sales contract between the Parties.
ARTICLE 6. VALIDITY OF OFFERS – PRODUCT AVAILABILITY
Products displayed on the Site at any given time are, by default, deemed available in stock at that same moment, unless the offer is limited in time as explicitly stated on the product page.
Availability is checked after payment acceptance and confirmed by COSMOPARIS’ shipping email.
If one or more products become unavailable, COSMOPARIS will either offer the Client a new delivery date or refund the Client via the original payment method within 14 calendar days of the order payment.
Product and price offers are considered to be those displayed on the Site’s “CART” page. Only the price shown on that page—corresponding to the billed amount—is contractually binding for COSMOPARIS.
Commercial Strategy: 2nd pair at €120
The second pair purchased is priced at €120 on the cheaper of the two.
In case of return of one pair under this offer, the other pair reverts to its original price.
The offer applies only if both pairs are kept without return.
-20% Discount on 2 discounted items:
If one of the items is returned, the -20% commercial offer on the purchase of 2 discounted items will not apply. The refund will be based on the full, undiscounted purchase price.
-10% Discount on 2 discounted items: The offer is valid only on 25/01/2025 on 2 discounted sale items. Offer not combinable.
*Black Friday – Terms & Conditions
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Offer Duration
The offer "Black Friday: up to -50% off the entire site" is valid only from 27/11/2024 to 02/12/2024.
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Scope
The discount, up to 50%, is directly applied to displayed prices. Iconic items are excluded from the promotion.
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Conditions
- Offer cannot be combined with other promotions or discount codes.
- Valid while stocks last.
For any questions, please contact our customer service.
Last updated: 27/11/2024.
ARTICLE 7. PRICES
The prices displayed on the Site are in euros (€) and include all applicable taxes in mainland France on the date of consultation. The applicable VAT rate is the one in effect on the date of the order. Specific taxes, aside from VAT (such as environmental eco-fees), are shown only on the cart page, which is the only legally binding price reference as stated in Article 2 above.
All product prices displayed on the Site exclude shipping costs or any additional services. They include only the price of the product itself and its packaging. Shipping fees are shown to the Client on the order summary page before final confirmation.
COSMOPARIS reserves the right to modify its prices at any moment but undertakes to apply the prices displayed at the time the order is placed, subject to product availability.
Products remain the property of COSMOPARIS until full payment has been received.
ARTICLE 8. PAYMENT
8.1. Payment Methods
Whichever payment method is chosen from those accepted on the Site, orders will only be considered registered after payment validation or receipt.
Thus, as long as payment is not validated through the selected method, the order cannot be prepared by COSMOPARIS.
8.2. One-time Payment by Bank Card
Payment may be made using the following bank cards: Carte Bleue, VISA, MASTERCARD, and MAESTRO.
The Client may review the general terms and conditions of sale and use applicable to each payment card via the financial partners’ websites.
Clients are encouraged to review these, as COSMOPARIS cannot be held responsible for conditions set by independent partners.
Online card payments are fully secure and allow Clients to safely enter their card number, expiration date, and security code.
Card data is encrypted using SSL (Secure Socket Layer) protocol and never transmitted in clear text.
By clicking on the desired card type, the Client is redirected to the secure payment platform SIPS-ATOS WORLDLINE (PCI DSS compliant).
During payment, the Client enters the card number, validity date, and the cryptogram on the back of the card. The Client’s bank verifies identity via the 3D Secure system.
These details are transmitted in encrypted mode (PCI DSS protocol) to prevent fraud.
Payment is processed directly by the bank. COSMOPARIS never accesses or stores these details. For this reason, they must be re-entered at each new transaction.
Payment will be debited once the Client definitively validates the order.
What is 3D Secure?
As part of anti-fraud efforts, COSMOPARIS requires 3D Secure authentication for all transactions. 3D Secure is a verification system that enhances security during online purchases by confirming the cardholder’s identity.
This service is provided free of charge by the Client’s bank for Visa, Mastercard, and Carte Bleue payments.
The Authentication Process
Step 1: The Client validates the cart and enters bank details.
Step 2: The Client’s bank verifies the identity of the cardholder.
After entering banking information, the Client is redirected to their bank’s website. In the 3D Secure window, the authentication steps vary depending on the bank.
The Client may be asked to:
- enter a date of birth,
- enter a code sent by SMS,
- answer a security question, etc.
The Client must ensure they are able to receive the 3D Secure SMS code (operator restrictions, foreign orders, network coverage...).
Step 3: Finalization and validation of the Client’s order
After bank confirmation, the payment is validated and the transaction completed. The Client receives an order confirmation email.
The transaction is canceled after 3 failed authentication attempts. Three canceled transactions will block the Client's payment card. In this case, the Client must contact their bank.
For all questions regarding the 3D Secure code (obtaining, loss, modification) and authentication procedure, the Client must contact their bank directly.
8.3. One-time Payment via PayPalPayments via PayPal are accepted on the Site and are processed through the partner’s platform under its own terms and conditions.
Choosing this method constitutes implicit acceptance of PayPal’s terms and conditions.
Clients are advised to review them, as COSMOPARIS cannot be held responsible for conditions set by independent partners.
PayPal General Terms and Conditions
8.4. Payment in 3 installments with Scalapay (France only)
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3-installment payment with no fees:
We offer the possibility to pay for your purchases in 3 interest-free installments through our partner Scalapay. This option is available for any purchase made on our website.
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Eligibility conditions:
The 3-installment payment option is available for orders with a minimum amount of €5, subject to approval by Scalapay. You must have a valid bank card to benefit from this service.
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How it works:
- The total amount of your order will be divided into 3 equal payments.
- The first payment will be charged at the time of purchase.
- The two remaining payments will be automatically charged every 30 days, meaning one payment per month.
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Fees:
No additional fees will be charged if you meet the payment deadlines. In case of late payment, fees may be applied by Scalapay, according to their terms and conditions.
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Cancellation and refund:
In case of cancellation or return of your order, refunds will be processed in accordance with our return policies. Scalapay will adjust the remaining payments accordingly.
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Responsibility:
Scalapay is responsible for managing the payments. For any questions regarding due dates or charges, please contact Scalapay directly.
8.5. Fraud prevention
COSMOPARIS reserves the right to verify the validity of the payment before shipping the order, by any means it deems necessary (including identity documents, proof of address, etc.).
8.6. Payment incident
COSMOPARIS reserves the right to refuse delivery or fulfillment of an order from a Client who has not fully or partially paid for a previous order or with whom a payment dispute is being administered.
In the event of fraud, COSMOPARIS reserves the right to remove any member without prior notice or compensation.
ARTICLE 9. DELIVERY
9.1 Order preparation times
COSMOPARIS reserves the right to outsource all or part of the preparation and shipping of the order to a third party appointed to carry out this service.
All products sold by COSMOPARIS are considered available in stock; orders are prepared within 48 business hours from the first business day following the registration of the order as defined in the T&Cs. Thus, orders placed on a Saturday, Sunday, or public holiday will be processed on the next business day.
All deadlines mentioned on the Site are to be understood as firm deadlines.
The ordered product is delivered to the address indicated on the order form and registered as the "delivery" address.
In case of input error, particularly an incorrect or incomplete delivery address, COSMOPARIS cannot be held responsible for any delays or impossibility of delivery. Any costs related to the reshipment of products resulting from a Client input error will be borne exclusively by the Client.
9.2 Delivery times
COSMOPARIS reserves the right to choose the most suitable transport method depending on the nature of the product, its weight, and its volume, which the Client acknowledges and accepts.
Delivery times shall not exceed 30 business days following the date of payment validation by the Client.
Delivery times cannot be guaranteed in cases of force majeure, as defined by law and jurisprudence. Delivery times do not take into account any payment control procedures that may delay the shipment of the order.
The stated delivery times start from the registration of the order. The estimated delivery date is indicated during checkout and on each product page. This timeframe is an average estimate corresponding to the service used for delivery within mainland France. In case of absence, the Client must collect the product from the relevant services.
9.3 Delivery tracking
The Client may track their order at any time using the order number provided in the confirmation email, in the “My Account” section of the Site.
This space allows precise tracking for each transport method, including shipping and delivery status.
It is reminded that all communication between the Client and the Site is mainly carried out by email; therefore, the Client must provide COSMOPARIS with a valid and regularly updated email address. Otherwise, COSMOPARIS cannot be held responsible for the consequences of an incorrect or outdated email address.
9.4 Delivery areas
Delivery is available to:
Metropolitan France, European Zone, Worldwide
9.5 Specific delivery conditions
Delivery methods are provided by Colissimo, Mondial Relay, FedEx, and DHL, depending on their postal volume acceptance.
When a product meets postal volume requirements, the Client will be able to choose between a Pickup Point delivery or home delivery via Colissimo.
Once the delivery method has been selected and before payment, the Site will display a summary per shipping method, listing the products eligible and the corresponding delivery costs.
When the order has been prepared and is ready for shipment, the Client will receive an email for each part of the order shipped according to the chosen transport method.
⇒ Delivery to a Pickup Point:
COSMOPARIS offers Clients selecting the “Pickup Point” option the names and addresses of the nearest participating partners. The Client may also view opening hours of the selected Pickup Point.
Upon arrival of the order at the Pickup Point, the Client has 14 calendar days to collect their parcel. Otherwise, the order will be returned to COSMOPARIS, who will contact the Client by email to reship the order at their expense. Without a reply from the Client within 7 days of this reminder email, COSMOPARIS will consider that the Client has exercised their return right and will issue a refund under the conditions provided for withdrawal.
⇒ Delivery by Colissimo:
Delivery by Colissimo is a service provided by La Poste and is subject to their own terms and conditions. In case of absence and if delivery to a caretaker is not possible, the Client will receive a delivery notice. They then have 14 calendar days to collect the parcel from the indicated post office. Otherwise, the order will be returned to COSMOPARIS, who will email the Client to arrange reshipment at their expense. Without a reply within 7 days, COSMOPARIS will consider that the Client has exercised their right of withdrawal and will proceed with the refund (see Article 6-1).
⇒ Delivery to one of 10,000 post offices selected by the Client in France (without prior home delivery attempt).
The Client will be informed by email when the parcel is available, and may retrieve it within 10 business days. After this period, the parcel will be returned to COSMOPARIS.
⇒ Delivery to one of the 5,500 partner retailers in the COSMOPARIS network
The Client will be informed by email when the parcel is available, and may retrieve it within 10 business days. After this period, the parcel will be returned to COSMOPARIS.
⇒ Delivery to a COSMOPARIS boutique
The Client may choose free delivery to any COSMOPARIS boutique in mainland France, excluding department stores and outlet/stock boutiques.
The average delivery time is 3 to 10 business days. Upon arrival in the selected boutique, the Client receives an email notification. To collect the parcel, the Client must present their ID, or if collected by a third party, a copy of the Client’s ID and an authorization letter. Without this, the parcel cannot be collected.
The Client has 30 days to collect the parcel. After this period, it will be returned to COSMOPARIS. The order amount will then be fully refunded according to the applicable processing deadlines between COSMOPARIS' bank and the Client’s bank.
COSMOPARIS reserves the right to suspend this service at any time without notice, particularly during sales periods, commercial operations, or temporary/permanent boutique closures.
9.6 Delivery Fees
Transport billing follows a calculation rule based on the destination on the one hand, and the weight and/or volume of the parcel on the other.
The amount of the fees is automatically calculated as soon as a product is added to the cart. The Customer may freely view the billing and the carrier associated with their products.
The final calculation of shipping fees for other destinations is carried out once the postal code has been entered in the delivery address and before the Customer validates their order.
Specific offers for free shipping are only valid for shipments to mainland France and the European zone for purchases starting from €180 when using a pickup point, unless expressly stated otherwise.
ARTICLE 10. RIGHT OF WITHDRAWAL
⇒ Withdrawal period
In accordance with the provisions of Article L.221-18 of the French Consumer Code, the Customer has a period of 14 calendar days to exercise their right of withdrawal, without needing to justify any reason. This period starts from the day the order is received.
In the case of an order involving several goods delivered separately, or an order for a product composed of multiple lots or parts delivered over a defined period, the period begins on the date of receipt of the last good, lot, or part.
For contracts providing for the regular delivery of goods over a defined period, the period runs from the receipt of the first good.
⇒ Exercising the right of withdrawal
To exercise their right of withdrawal, the Customer must inform COSMOPARIS of their decision by sending, before the expiration of the aforementioned 14-day period, the standard withdrawal form provided for this purpose (sent with the order confirmation email), or any other unambiguous statement expressing their intention to withdraw.
⇒ Loss of the right of withdrawal
Pursuant to Article L.221-28 of the French Consumer Code, it is reminded that the right of withdrawal cannot be exercised for contracts:
1° For the supply of services fully performed before the end of the withdrawal period and whose performance began after express prior consent of the consumer and express waiver of their right of withdrawal;
2° For the supply of goods or services whose price depends on financial market fluctuations beyond the control of the professional and likely to occur during the withdrawal period;
3° For the supply of goods made to the consumer’s specifications or clearly personalised;
4° For the supply of goods liable to deteriorate or expire rapidly;
5° For the supply of goods unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° For the supply of goods which, after delivery and due to their nature, are inseparably mixed with other items;
7° For the supply of alcoholic beverages whose delivery is deferred by more than thirty days and whose agreed value at the time the contract was concluded depends on fluctuations in the market beyond the professional’s control;
8° For urgent repair or maintenance work requested expressly by the consumer at their home, within the limit of the spare parts and work strictly necessary to respond to the emergency;
9° For the supply of audio or video recordings or computer software when unsealed by the consumer after delivery;
10° For the supply of a newspaper, periodical, or magazine, except for subscription contracts;
11° Concluded at a public auction;
12° For the provision of accommodation services (other than residential), transport of goods, car rental, catering, or leisure activities to be provided on a specific date or during a specific period;
13° For the supply of digital content not provided on a physical medium whose execution began after express prior consent of the consumer and express waiver of their right of withdrawal.
⇒ Return conditions following a withdrawal
The Customer may return their parcel no later than 14 (fourteen) days after informing COSMOPARIS of their decision to withdraw from the order. This period is deemed respected if the Customer returns the Product before the expiration of the 14-day period:
either free of charge in one of the COSMOPARIS boutiques (excluding department stores and outlet stores), or via our online return service.
⇒ Refund terms in the event of withdrawal
If the right of withdrawal is exercised within the above-mentioned period, and in accordance with Article L.221-24 of the French Consumer Code, COSMOPARIS will refund the Customer the price of the product(s) returned as well as the shipping costs for the product(s) without undue delay and no later than 14 calendar days from the date on which COSMOPARIS was informed of the Customer’s decision to withdraw.
COSMOPARIS nevertheless reserves the right to defer the refund until the goods have been recovered or until the Customer has provided proof of dispatch of the goods, the retained date being whichever occurs first.
Refunds will always be made on the basis of the amounts actually paid by the Customer, as shown on the invoice. However, COSMOPARIS reserves the right to refuse reimbursement of any additional delivery costs resulting from a delivery method more expensive than the standard method offered by COSMOPARIS.
Shipping fees eligible for refund will be determined as if the Customer had never purchased the returned product(s).
Unless expressly requested otherwise by the Customer, refunds will be issued using the same payment method used for the original transaction. If this is not technically possible, COSMOPARIS will offer to issue a bank cheque payable to the Customer and send it by post.
ARTICLE 11. RETURNS AND REFUNDS
The Customer has a period of 14 days from receipt of their order to return a product free of charge in a COSMOPARIS boutique or by post.
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Return service:
We offer a simplified return service. This service allows you to easily return your products from home.
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Eligibility conditions:
Returns are possible within 14 days from the date of receipt of your order, provided the items are in their original condition (unworn, unwashed, with original tags and packaging).
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Return procedure:
- To initiate a return, go to our website, log into your customer account and follow the instructions to generate a return label.
- Carefully package the product and drop it off at a Chronopost partner pickup location.
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Return fees:
For returns of orders placed on our website, a flat fee will be applied as follows:
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Metropolitan France: €6.90
This fee will be deducted directly from the refunded amount + shipping costs.
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Refund processing:
Once the product has been returned and inspected, the refund will be issued to the payment method used at purchase, within 10 to 15 business days.
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Responsibility:
If you experience difficulties related to collection or tracking of the parcel, please contact our customer service for assistance.
ARTICLE 12. CLAIMS
If, upon unpacking the products and within 15 calendar days from receipt, the Customer discovers that a product does not conform to their order or to the product sheet (example: product error, model, colour, etc.), COSMOPARIS undertakes to replace or fully refund the Customer once the defect is confirmed.
The Customer must contact COSMOPARIS Customer Service to make their claim and follow the provided procedure.
After receiving the duly returned product and confirming the non-conformity or damage, COSMOPARIS may, at its sole discretion:
- Send a new product to the Customer at no additional cost;
- Refund the amounts paid for the product.
Any other potential defect occurring during the “life” of the product will be assessed through after-sales service.
ARTICLE 13. LEGAL WARRANTY AGAINST HIDDEN DEFECTS
COSMOPARIS is bound by the legal warranty for hidden defects under Articles 1641 to 1648 of the French Civil Code and Article 2232.
The Customer may exercise this warranty for defects arising from design or manufacturing faults making the product unfit for its intended use, excluding misuse or negligence by the Customer.
The Customer may choose:
- Cancellation of the sale: refund of the price of the product(s);
- A price reduction via partial reimbursement.
This warranty does not cover damage resulting from improper use or normal wear and tear. To benefit from this warranty, the Customer must keep the purchase invoice and delivery note.
It is reminded that:
Article 1641 of the Civil Code“The seller is bound by a warranty for hidden defects in the item sold that render it unfit for the use for which it was intended, or that diminish such use so much that the buyer would not have acquired it, or would only have offered a lower price, had they known of the defects.”
Article 1648 of the Civil Code“The action resulting from redhibitory defects must be brought by the buyer within two years of discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, under penalty of forfeiture, within one year from the date on which the seller may be discharged of apparent defects or non-conformities.”
ARTICLE 14. LEGAL WARRANTY OF CONFORMITY
COSMOPARIS is liable, for a period of two years, for conformity defects of products sold under Articles L.217-4 et seq. of the French Consumer Code.
A conformity defect is a good that is unfit for its customary use, does not match COSMOPARIS’ description, or does not possess the qualities agreed with the Customer.
COSMOPARIS may choose repair or replacement with an identical or equivalent product (depending on stock availability), subject to cost conditions set out in Article L.217-9.
The Customer has 2 years from delivery to act and is exempted from proving the existence of the defect during these 2 years.
This legal warranty applies independently of any commercial warranty.
The Customer may also choose to apply the hidden defect warranty (Article 1641 Civil Code) and opt for cancellation of the sale or reduction of the price (Article 1644 Civil Code).
This warranty does not cover damages due to improper or non-compliant use or normal wear and tear. Proof of purchase and delivery note must be kept.
(Legal articles L.217-4, L.217-5, L.217-12, L.217-16 reproduced exactly as in original.)
ARTICLE 15. TRANSFER OF OWNERSHIP – TRANSFER OF RISKS
TRANSFER OF OWNERSHIP: COSMOPARIS RETAINS OWNERSHIP OF THE PRODUCTS DELIVERED UNTIL FULL PAYMENT OF THE PRICE BY THE CUSTOMER. IN CASE OF NON-PAYMENT OF ANY INSTALLMENT, AND EIGHT DAYS AFTER A FORMAL NOTICE SENT BY REGISTERED LETTER REMAINS UNSUCCESSFUL, COSMOPARIS MAY CANCEL THE SALE BY OPERATION OF LAW WITHOUT PREJUDICE TO DAMAGES. THE CUSTOMER MUST MAKE THE GOODS IMMEDIATELY AVAILABLE TO COSMOPARIS, UNLESS COSMOPARIS REQUIRES THEIR RETURN AT THE CUSTOMER’S EXPENSE.
PRODUCTS HELD BY THE CUSTOMER ARE DEEMED RELATED TO UNPAID INVOICES.
TRANSFER OF RISKS: THE TRANSFER OF RISKS OCCURS AS SOON AS THE PRODUCTS ARE UNLOADED AT THE FIRST DELIVERY POINT.
Article 216-2: "Any risk of loss or damage to the good is transferred to the consumer at the moment they physically take possession of the goods."
ARTICLE 16. AFTER-SALES SERVICE
Outside any commercial or legal warranty, the Customer may always contact COSMOPARIS Customer Service for any questions relating to product use, care instructions, or replacing a defective part.
ARTICLE 17. CODE OF CONDUCT
To access the Site, the Customer must refrain from any behaviour that could harm the image of COSMOPARIS or other Customers.
Content published by the Customer is their sole responsibility and cannot bind COSMOPARIS in any way.
Specifically, the Customer must not:
- Use a username or avatar that is vulgar, aggressive, insulting, or defamatory;
- Attempt to obtain another Customer’s account information (username, password) or personal data;
- Publish offensive, hateful, racist, discriminatory, defamatory, illegal, or inappropriate content;
- Publish content infringing third-party rights;
- Publish promotional content, advertisements, or any commercial solicitation unrelated to the Site.
More broadly, the Customer must not:
- Impersonate a third party, another Customer, or a COSMOPARIS employee;
- Engage in hacking, spamming, phishing, flooding, or any malicious activity.
In case of non-compliance, COSMOPARIS may delete the Customer’s account under Article 21 of the Terms.
ARTICLE 18. INTELLECTUAL PROPERTY
All elements of the Site, whether visual or audio—including the brand, logo, texts, photos, videos, and domain name—are protected by copyright, trademark law, or patents.
The Site and all its components are the exclusive property of COSMOPARIS.
In accordance with the French Intellectual Property Code, only private, non-exclusive use of the Site is authorised, unless more restrictive provisions apply.
Any reproduction of the Site or any of its audio, visual, or text content is strictly prohibited without prior written consent from COSMOPARIS.
The Customer agrees not to harm the Site in any way, nor to use it improperly in a manner that could discredit COSMOPARIS or damage its image.
ARTICLE 19. REPORTING ILLEGAL ACTIVITIES AND CONTENT
It is expressly stated that COSMOPARIS does not have full and complete control over the content published on the Site and does not have the technical, material, or human resources to systematically verify such content.
However, if a Client notices that another Client violates any of the rules of conduct referred to in the Terms and Conditions, or more generally, if a Client becomes aware of any illegal activity or content, the Client must immediately inform COSMOPARIS using the “Contact” function, then “Other Question,” available on the Site.
The Client must provide COSMOPARIS with all necessary information, including in particular:
- the date of the notification;
- if they are a natural person, their full name, occupation, address, nationality, date and place of birth; if a legal entity, its legal form, name, registered office, and the natural person who legally represents it;
- a description of the disputed facts and their precise location on the Site;
- and if it concerns illegal content:
- the reasons why the content should be removed, including references to applicable legal provisions and factual justifications;
- a copy of the communication sent to the author or publisher of the disputed content requesting its cessation, removal, or modification, or justification that the author or publisher could not be contacted.
In the event of illegal content and once the accuracy of these elements has been verified, COSMOPARIS will remove the disputed content or make access to it impossible.
It is expressly stated that if a Client presents content as illegal to COSMOPARIS while knowing that this information is false, they may be held criminally liable.
COSMOPARIS reserves the right to delete any content appearing on the Site that would violate the Terms and Conditions and/or to suspend or delete the Account of the concerned Client under the conditions set out in Article 21 below.
Similarly, in the event of illegal activity, COSMOPARIS reserves the right to suspend or delete the Account of the concerned Client under the conditions set out in Article 21 below.
ARTICLE 20. WEBSITE UPDATES
COSMOPARIS may consider it necessary to update or reset certain parameters of the Site and its elements.
Thus, COSMOPARIS expressly reserves the right to develop the Site, including by providing new features, or by modifying or removing certain features.
These updates, resets, or developments may temporarily prevent the Client from accessing the Site and/or result in modifications to the Site’s structure and elements, which the Client expressly acknowledges, COSMOPARIS not being liable in this regard.
ARTICLE 21. SUSPENSION – DELETION
COSMOPARIS reserves the right to suspend or delete the Account of any Client who does not comply with the Terms and Conditions or applicable laws and regulations.
Any suspension or deletion of an Account will be notified to the Client by email sent to the address previously provided by the Client during registration on the Site.
Furthermore, COSMOPARIS reserves the right to submit any disputed content to the authorities that request it in the event of a legal violation.
In addition, COSMOPARIS reserves the right to take legal action directly against the offending Client to obtain compensation for any damage suffered as a result.
ARTICLE 26. DISPUTES
These Terms and Conditions are governed by French law.
In case of a dispute, COSMOPARIS and the Client will attempt to resolve it amicably, either through a conventional mediation procedure or any other alternative dispute resolution method. In case of failure, only French courts will have jurisdiction.
In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, COSMOPARIS adheres to the E-commerce Mediator Service of FEVAD (Fédération du e-commerce et de la vente à distance) whose contact details are: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr. After a prior written approach by consumers to COSMOPARIS, the Mediator Service may be contacted for any consumer dispute that could not be resolved. To know how to contact the Mediator,
click here. The Client is informed that if amicable settlement with COSMOPARIS’ consumer service fails, they may, in accordance with articles L612-1 et seq. and R612-1 et seq. of the French Consumer Code, submit their dispute against COSMOPARIS free of charge by electronic or postal means to a mediator, who will independently and impartially attempt to bring the Parties together to reach an amicable solution.
COSMOPARIS adheres to the Fédération du e-commerce et de la vente à distance (FEVAD - 60 Rue La Boétie – 75008 Paris) and, as such, benefits from its e-commerce mediation service, the procedures for which are available at:
www.mediateurfevad.fr, noting that this mediation service also applies to any in-store purchase.
In accordance with Article 14 of Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes, the Client is informed that the European Commission has established an online dispute resolution platform accessible via the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR