Article 1 - Scope of application
The present general sales conditions (the "General Sales Conditions") apply, without restriction or reserve, to all sales concluded by Cosmo Connected, a simplified joint stock company with a capital of 5. 308,00 €, whose head office is located at 10-12, rue de l'Amiral Hamelin (75116), and registered under the unique identification number 812 925 287 RCS Paris ("Cosmo Connected") with consumers and non-professional buyers (the "Client(s)"), wishing to acquire the Product, as defined hereafter, on the website cosmoconnected.com or any other website operated by Cosmo Connected and commercializing the Product (together, the "Website").
Cosmo Connected and the Client are hereinafter referred to as "the Party (ies)".
They specify in particular the conditions of order, payment, delivery and management of possible returns of the Products ordered by the Clients.
The main characteristics of the Product and in particular the specifications, illustrations and indications of dimensions or capacity are presented on the Website. Cosmo Connected makes every effort to offer good quality visuals that give a faithful representation of the Products offered. However, the limits linked to the digital presentation mode may imply differences in perception between the photographs on the Website and the Products.
It is specified that Cosmo Connected is a fixed removable device signalling deceleration by means of a luminous warning and/or flashing lights likely to relay, by means of a mobile application connected to the telephone network, the existence of an anomaly in the user's journey according to the terms and conditions referred to herein and within the technical data sheet appearing on the Website (the " Product(s) "). As the "Cosmo moto" Product is considered as an accessory for motorbike helmets, the "Cosmo ride" Product is considered as an accessory fixed on a bicycle helmet or on the back of a bicycle saddle, and cannot be considered as a substitute for the regulatory warning lights. Furthermore, although the attachment of the Product does not alter the structure of the helmet, the Client is invited to check with his insurer that the installation of this device is not excluded by the policy he has subscribed. Otherwise, Cosmo Connected cannot be held responsible for a refusal of compensation by the user's insurance company.
The Client is required to read the technical and commercial documentation related to the Product before placing any order. In particular, the Customer must check that he/she complies with all the technical requirements for optimal use of the Products.
Cosmo Connected draws the attention of its Clients to the necessity to download a dedicated mobile application in order to install it on a mobile terminal (smartphone) in order to benefit from all the functionalities offered by the Product. Otherwise, some of the Product's features will be inoperative.
The Customer is informed that certain functionalities attached to the mobile application intended to be used in conjunction with the Product give rise to additional billing. Otherwise, these features are inaccessible.
The General Terms and Conditions of Sale are accessible at any time on the Website and shall prevail, where applicable, over any previous version of the General Terms and Conditions of Sale or any other contradictory document.
The Customer declares that he/she has read these General Terms and Conditions of Sale and has accepted them, without restriction or reservation, by ticking the box provided for this purpose before implementing the online ordering procedure as well as the general terms and conditions of use of the Website.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the Website on the date the order is placed.
Unless proven otherwise, in application of the provisions of article 1356 of the Civil Code, the data recorded in Cosmo Connected's computer system constitute the proof of all the transactions concluded with the Client. The recordings made in the information systems of Cosmos Connected or its subcontractors are presumed to be established and kept in conditions that guarantee their integrity in the sense of article 1366 of the Civil Code.
The Client acknowledges having the required capacity to contract and acquire the Product.
Changes to the General Terms and Conditions of Sale are enforceable against the users of the Website as from the date they are put online and cannot be applied to transactions concluded previously.
Article 2 - Orders
2.1. Placing an Order
It is the Customer's responsibility to select the Products he/she wishes to order, according to the methods and procedure set out on the Web Site.
The contractual information is presented in French and in the languages proposed on the Website, and is confirmed at the latest when the Customer validates the order.
Product offers are valid as long as they are visible on the Website and within the limits of available stocks. The sale will only be considered as final after Cosmo Connected has sent the Client a confirmation of the acceptance of the order by means of an e-mail.
In accordance with article 1127-2 of the Civil Code, the Client has the possibility to check the details of his order, its total price and to correct possible errors before confirming his acceptance. This validation implies acceptance of the entirety of these General Terms and Conditions of Sale and constitutes proof of the sales contract.
IT IS THEREFORE THE CLIENT'S RESPONSIBILITY TO CHECK THE ACCURACY OF THE ORDER AND TO IMMEDIATELY REPORT ANY ERROR.
Cosmo Connected reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order or for any other legitimate reason.
The Client can follow the evolution of his order on the Internet Site within the space dedicated to the follow-up of the orders.
2.2 Orders shipped outside France
The Products presented on the Website are offered for sale in all countries of the European Economic Area.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and the overseas territories (COM) considered as foreign territories with regard to the submission to value added tax (VAT), the price will be expressed exclusive of tax on the order space as well as on the related invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and are the sole responsibility of the Customer, who shall be responsible for all formalities that may be necessary.
It is specified that the United States of America, as well as other countries, control the export of products and information. You agree to abide by these restrictions, without exception or qualification, and not to export or re-export the Products to countries or persons subject to U.S. export control laws, and more generally any applicable law.
By placing an order, you acknowledge that you are not in a country where such exports are prohibited and that you are not on the U.S. Department of Commerce's Table of Denial Orders or the U.S. Treasury Department's Specially Designated Nationals list. You agree to comply with the law of your jurisdiction regarding the import, export or re-export of the Products.
Article 3 - Prices
The Products are supplied at the prices in force on the Website, on the day the order is placed and registered by Cosmo Connected. The prices are expressed in euros, excluding taxes and including all taxes.
The prices take into account any discounts that may be granted by Cosmo Connected.
Cosmo Connected reserves the right to modify the prices at any time. The new prices are applicable to orders placed after the publication of the new prices on the Website.
The prices do not include the processing, shipping, transport and delivery costs, which are charged extra, under the conditions indicated on the Website and calculated before the order is placed. They do not include any customs duties or import taxes.
The payment requested from the Customer corresponds to the total amount of the purchase, including costs (excluding customs duties or import taxes, in accordance with Article 2.2 hereof). An invoice is drawn up and sent by e-mail to the Customer when the order is accepted.
Article 4 - Payment methods
To pay for an online order, the Customer has all the payment methods offered on the Website at the time of final validation of the order. The national credit card, Visa card, Mastercard and e-bank card are accepted on the Website.
The customer explicitly acknowledges that he/she has the rights to use the payment method he/she has selected. For all orders placed entirely online, the amount of the order will be debited at the moment of the validation of the order by Cosmo Connected.
In order to fight against payment fraud, Cosmo Connected may contact you by any means in order to authenticate the transaction data and may, if necessary, ask for proof of your identity.
In the absence of transmission of the requested proofs, Cosmo Connected reserves the right to refuse the order or to adopt any useful measure. The delay of transmission to Cosmo Connected of the requested documents as well as the delay of their processing may delay the validation as well as the shipping of the ordered Products.
Subscriptions to Cosmo Moto insurance from Allianz Assistance
Cosmo Moto insurance is an optional insurance contract that can be subscribed to by the Customer with AWP P&C - 7, rue Dora Maar - 93400 Saint-Ouen, 519 490 080 RCS Bobigny, a company governed by the Insurance Code ("Alliance Assistance"). Cosmo Moto insurance takes the form of an annual subscription that is renewable by tacit agreement and that enables the Customer to benefit, in the event of an accident, from an automatic call to Allianz Assistance, which may request the intervention of the public emergency services. If the Customer's motorbike is immobilised, the Customer may also benefit from a mobility package that includes assistance services within the limits and according to the conditions defined in the General Terms and Conditions of the insurance contract available on the Website. The information document on the Cosmo Moto insurance product is also available online.
Article 5 - Delivery
The Products ordered by the Customer will be delivered in metropolitan France and in the countries for which the Website offers a delivery service, to the address indicated by the Customer when ordering on the Website.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. The Product will be given to the Customer against signature. The signature (handwritten or digital) of the delivery or collection receipt by the Customer is obligatory and constitutes a condition for the handover of the Product.
Except in particular cases or when one or several Products are unavailable, the ordered Products will be delivered in one go.
Cosmo Connected commits itself to do its best to deliver the Products ordered by the Client within the deadlines mentioned in the order confirmation email sent by Cosmo Connected to the Client. However, these deadlines are communicated as an indication.
However, if the ordered Products have not been delivered within thirty (30) days after the indicative delivery date, for any other reason than force majeure or the Client's fault, the sale may be cancelled at the Client's written request under the conditions provided for in articles L. 216-2, L. 216-3 and L. 241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
Deliveries are made by an independent carrier to the address given by the Customer at the time of ordering and to which the carrier has easy access.
The Customer is required to check the condition of the products delivered. He/she has a period of two (2) working days from the date of delivery to formulate by e-mail (to the following address: firstname.lastname@example.org) any reservations or claims for non-conformity or apparent defects of the Products delivered, with all the relevant supporting documents (in particular photos).
After this period and if these formalities have not been respected, the Products will be considered as conforming and free of any apparent defect.
Cosmo Connected will reimburse or replace, as soon as possible and at its own expense, the delivered Products for which the lack of conformity or the apparent or hidden defects have been duly established by the Client, under the conditions provided for in articles L. 217-4 and following of the Consumer Code and those provided for in the present General Terms of Sale.
Article 6 - Transfer of ownership - Transfer of risks
Cosmo Connected retains full ownership of the Products sold until full payment of all the sums owed to it by the Customer in the context of the order, including all costs and taxes.
Whatever the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating to them will only be realised at the moment when the Customer takes physical possession of the Products.
Article 7 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fifteen (15) days from the reception of the Product to exercise his/her right of withdrawal from Cosmo Connected, without having to justify his/her reasons or pay any penalty, in order to be reimbursed, provided that the Products are returned in their original packaging and in perfect condition within fifteen (15) days following the notification to Cosmo Connected of the Customer's withdrawal decision.
The returns must be made in their original and complete state (packaging, accessories, instructions, etc.) allowing them to be put back on the market in a new state, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not accepted.
The right of withdrawal can be exercised by means of any unambiguous statement expressing the Client's will to withdraw communicated to Cosmo Connected. A model of withdrawal form is available at the end of the present General Terms and Conditions of Sale.
In case of exercising the right of withdrawal within the above-mentioned period, only the price of the purchased Product(s) and the delivery costs will be reimbursed; the other costs will be borne by the Client.
The reimbursement will be made within fourteen (14) days from the receipt by Cosmo Connected of the Products returned by the Customer under the conditions provided for in the present article.
Article 8 - Responsibility - Guarantee
The Products sold on the Website comply with the regulations in force within the European Union and have performances compatible with non-professional uses.
The Products supplied by Cosmo Connected benefit by right and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions :
the legal guarantee of conformity, for the apparently defective, damaged or damaged Products or not corresponding to the order;
the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and making them unfit for use;
under the conditions and according to the methods referred to in the box below and defined in the appendix to these General Terms of Sale.
It is reminded that within the framework of the legal guarantee of conformity, the Customer benefits from a period of two (2) years from the delivery of the Product to act against the Seller; may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code; is exempt from proving the existence of the Product's lack of conformity during the 24 months following the delivery of the Product.
The legal guarantee of conformity applies independently of the commercial guarantee that may cover the Product. The Customer may decide to implement the warranty against hidden defects in the Product in accordance with Article 1641 of the Civil Code; in this case, the Customer may choose between the resolution of the sale or a reduction in the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Client will have to inform Cosmo Connected, in writing, of the non-conformity of the Products or of the existence of hidden defects within the above-mentioned deadlines and return the defective Products in the state in which they were received with all the accessory elements (packaging, instructions, charger, etc.).
Cosmo Connected will reimburse, replace or repair the Products or parts under warranty that it considers non-conforming or defective.
The shipping costs will be reimbursed on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of the relevant receipts.
The reimbursements of the Products judged to be non-conforming or defective will be made as soon as possible and at the latest within fourteen (14) days following the observation by Cosmo Connected of the non-conformity or the hidden defect.
The reimbursement will be made by crediting the Client's bank account or by bank check sent to the Client.
Cosmo Connected cannot be held responsible in the following cases :
- non-compliance with the legislation of the country to which the products are delivered, which it is up to the Customer to check;
- in the event of misuse, use that does not comply with the user manual, faulty installation, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure;
- due to the functionalities offered through the application associated with the Product: in case of unavailability of all or part of the functionalities due to the suspension of these functionalities for non-payment of the sums due to Cosmo Connected, of failure linked to the presence of a software interface or of an unsuitable or incompatible software, of failure of the terminal (in particular in case of destruction of the latter), or due to the impossibility of access to the telephone network or to a bluetooth type connection (in particular, zone not covered or inaccessibility of the network);
- malfunctioning of the application connected to the Product, and more generally of the alert device, due to the impossibility of access to the telephone network or a Bluetooth-type connection (in particular, areas not covered or inaccessible by the network), a technical failure or due to the consequences of the accident (in particular in the event of total or partial destruction of the mobile terminal on which the application connected to the Product is installed).
In addition, the warranty does not cover :
Repairs or replacement of parts due to normal wear and tear ;
any adaptation or modification of the Product not authorised by Cosmo Connected
deterioration or defects of the Product resulting from
improper use or installation of the Product (use not in accordance with the use for which the Product is intended, installation or use not in accordance with Cosmo Connected's instructions or the technical or safety standards in force in the country where it is used, etc.);
maintenance of the Product not in accordance with Cosmo Connected's instructions or negligence in the maintenance of the Product;
mishandling or misuse of the Product (wrong operation, dropping, shocks, etc.) or inappropriate environment (exposure to humidity, excessive heat, contact with sand or any other substance, inadequate power supply, etc.);
a defect caused by a defective repair of the product carried out by a service provider not approved by Cosmo Connected.
Furthermore, the Customer acknowledges that the Product is a deceleration detection device complementary to the brake lights; it cannot replace them. The Customer also acknowledges that, depending on traffic and weather conditions, the Product may not detect braking situations, and expressly accepts this.
MORE GENERALLY, THERE ARE NO WARRANTIES EXTENDING BEYOND THE WARRANTY SET FORTH HEREIN AND ANY IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. NO RESELLER SHALL HAVE THE RIGHT TO MODIFY THE CONDITIONS AND LIABILITY CLAUSES SET FORTH ABOVE.
Article 9 - Protection of personal data
In application of the European Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data (Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016), it is recalled that the personal data requested from the Customer is strictly necessary for the processing of his order and for the preparation of invoices.
These data may be communicated to Cosmo Connected's possible partners, in charge of the execution, processing, management and payment of the orders.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, deletion, limitation, portability and opposition regarding the information concerning him/her, as well as the right to communicate instructions regarding the processing of personal data after his/her death.
The Customer is informed that the use of the application connected to the Product implies the collection, processing and dissemination of personal data under the conditions set out in the general conditions of use of the application.
Article 10 - Intellectual property
Cosmo Connected keeps all the industrial and intellectual property rights related to the Products, photos and technical documentation, which can neither be communicated nor used for any other purpose than the use of the Product without its written authorization.
Moreover, Cosmo Connected remains the owner of all the intellectual property rights on its brands as well as on the photographs, presentations, studies, drawings, models, prototypes, etc., made in view of supplying the Products to the Client.
The Client is therefore forbidden from reproducing or exploiting Cosmo Connected's trademarks as well as the said studies, drawings, models, prototypes, etc., without Cosmo Connected's express, written and prior authorization.
Article 11 - Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
The Party noting the event must immediately inform the other Party of its inability to perform its service and justify this to the latter. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it lead to the payment of damages or penalties for delay.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the Parties shall make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the party prevented from doing so shall notify the other party of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial act. If the event lasts more than thirty (30) days from the date of its occurrence, the sales contract concluded between the Parties may be terminated by the most diligent Party, without either Party being able to claim damages.
Article 12 - Termination of the contract
Except in the case of force majeure, in the event of one of the Parties failing to fulfil any of its commitments hereunder, the other Party may, thirty (30) days after sending, by registered letter with acknowledgement of receipt, a formal notice to perform which has remained without effect, invoke the early termination of the Contract. The termination shall take effect from the date of receipt of the registered letter with acknowledgement of receipt.
Any termination of the Contract attributable to the default of a Party shall give rise to the payment of damages to the non-defaulting Party after demonstration of the actual damage incurred and the costs incurred as a result of the termination by the non-defaulting Party. In accordance with Articles 1231-3 and 1231-4 of the Civil Code, the right to compensation shall be limited to foreseeable, immediate and direct damage only, to the exclusion of any indirect or possible or unforeseeable damage.
Article 13 - Applicable law - Language
These General Terms and Conditions of Sale and the operations arising from them are governed by and subject to French law, subject to any more favourable mandatory rules of the Customer's country of residence which remain applicable.
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 14 - Disputes
ALL DISPUTES TO WHICH THE PURCHASE AND SALE OPERATIONS CONCLUDED IN APPLICATION OF THESE GENERAL TERMS OF SALE COULD GIVE RISE, CONCERNING BOTH THEIR VALIDITY, THEIR INTERPRETATION, THEIR EXECUTION, THEIR TERMINATION, THEIR CONSEQUENCES AND THEIR CONSEQUENCES AND WHICH COULD NOT BE RESOLVED BETWEEN THE SELLER AND THE CUSTOMER WILL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW.
The Customer is informed that he may in any case have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. cons. art. L 612-1) or with the existing sectoral mediation bodies, the references of which are given on the Website, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. In addition, the European Commission has set up an Online Dispute Resolution platform to facilitate the online settlement of disputes between consumers and professionals in the European Union. The platform is accessible by clicking on the following link: https://ec.europa.eu/consumers/odr/.
Article 15 - Pre-contractual information - Customer acceptance
The fact that a person orders on the Website implies full and complete adhesion and acceptance of the present General Sales Conditions and obligation to pay for the ordered Products, which is expressly recognized by the Client, who renounces, in particular, to take advantage of any contradictory document, which would be unenforceable against Cosmo Connected.
APPENDIX I - PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the Consumer Code
The seller is obliged to deliver a good that conforms to the contract and is responsible for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5 of the Consumer Code
To be in conformity with the contract the goods must :
- Be fit for the purpose usually expected of similar goods and, where applicable: correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling
- Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price for it, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract concluded online on the Cosmo Connected website https://cosmoconnected.com/)
To the attention of : Cosmo Connected, 10-12, rue de l'Amiral Hamelin - 75116 Paris / email@example.com
I hereby notify you of my withdrawal from the contract for the sale of the Product(s) below:
Ordered on ___________ (*) / received on ___________ (*) :
Order number / reference :
Customer's name :
Customer's address :
Customer's signature (only if this form is notified on paper) :
(*) Delete as appropriate.