Condiciones generales de venta« COSMO CONNECTED »
Actualización: Enero 2019.
ARTICLE 1 - Scope
These general terms of sale (“General Terms of Sale”) apply without restriction or reservation to all sales transacted by Cosmo Connected, a simplified joint-stock company with share capital in the amount of €5,308.00, headquartered at 6, rue Saint-Dominique in Paris (75007) and registered under the unique identification number 812 925 287 in the Register of Trade and Companies of Paris (“Cosmo Connected”), with consumers and non-professional buyers (“Customer(s)”) who wish to purchase the Product, as it is defined hereinafter, on the website cosmoconnected.com or any other website which offers the Product for sale (together, “Website”).
Cosmo Connected and the Customer are referred to hereinafter as “Party/Parties”.
They specify in particular the terms for orders, payments, deliveries and the management of any returns of Products ordered by Customers.
The main characteristics of the Product, including the specifications, illustrations and indications of dimensions or capacity, are set out on the Website. The photographs and graphics shown on the Website are non-contractual and Cosmo Connected cannot be held liable in relation to them.
Cosmo Connected is an attached detachable device which signals deceleration by means of a warning light or flashing lights which can report, through a mobile application which is connected to the telephone network, anomalies in the user’s journey as specified and stipulated herein and in the technical specifications that appear on the Website (“Product(s)”). Since the Product “Cosmo moto” is considered to be an accessory for a motorcycle helmet and the Product “Cosmo bike” is considered to be an accessory for a bike helmet or for the bike saddle, it cannot be regarded as a device which substitutes warning lights which are required by regulations. In addition, although attaching the Product does not affect the structure of the helmet, the Customer is invited to check with his/her insurer that the policy that (s)he has taken out does not preclude the attachment of this device. If (s)he fails to do so, Cosmo Connected cannot be held liable for a refusal by the user’s insurance company to pay compensation.
The Customer must take note of the technical and commercial documentation relating to the Product before placing an order. In particular, (s)he must check that (s)he meets all of the technical prerequisites for optimal use of the Products.
Cosmo Connected draws the attention of its Customers to the need to download a dedicated mobile application in order to install it on a mobile terminal (smartphone) in order to benefit from all of the functionalities offered by the Product. If they fail to do so, certain functionalities of the Product will be ineffective.
The Customer is informed that some functionalities attached to the mobile application which is intended to be used in conjunction with the Product will be billed for separately. Otherwise, these functionalities will be inaccessible.
The General Terms of Sale can be accessed at any time on the Website and shall take precedence, where applicable, over any other versions or any other documents which contradict them (including those applicable to in-store sales or other methods and channels of distribution and sale).
Since these General Terms of Sale may be amended subsequently, the version that applies to the Customer’s purchase is the one that is in force on the Website on the date on which the order is placed.
Except where there is evidence to the contrary, the data recorded in Cosmo Connected’s computer system constitutes proof of all transactions entered into with the Customer.
The Customer acknowledges that (s)he has the required capacity to contract and purchase the Product.
Amendments to the General Terms of Sale shall be binding on users of the Website as from the time when they are posted online and cannot apply to transactions which were entered into previously.
ARTICLE 2 – Orders
2.1. Placing Orders
The Customer must select the Products that (s)he wishes to order, in accordance with the stipulations and procedure set out on the Website.
Contractual information shall be presented in French, and at the Customer’s request, in any other language mentioned on the Website, and shall be confirmed no later than the time when the order is validated by the Customer.
Offers of Products shall be valid for as long as they are visible on the Website and subject to availability of stock. Sales will only be regarded as final after the Customer has been sent an email confirming that the order has been accepted by Cosmo Connected.
In accordance with article 11 of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (“Directive on electronic commerce”), the Customer can check the details of his/her order and its total price and can correct any errors before confirming acceptance. Such validation implies acceptance of all of these General Terms of Sale and constitutes proof of the contract of sale.
THE CUSTOMER MUST THEREFORE CHECK THAT THE ORDER IS CORRECT AND REPORT ANY ERRORS IMMEDIATELY.
Cosmo Connected reserves the right to cancel or reject any order from a Customer with whom there is a dispute over the payment for a previous order or for any other legitimate reason.
The Customer can track the progress of his/her order on the Website in the order tracking space.
2.2. Orders shipped out of France
The Products presented on the Website are offered for sale in all countries of the European Union.
If an order is received for shipment to a country other than Metropolitan France, the Customer shall be the importer of the Product(s) concerned.
For all Products shipped out of the European Union and overseas collectivities which are regarded as foreign territories for value-added tax (VAT) purposes, the price shall be given exclusive of taxes in the order area and on the associated invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. The Customer shall pay them and will be solely responsible for them, and shall complete all formalities which may prove necessary.
The United States of America, such as other countries, control the exportation of products and information. You agree to comply with these restrictions, without exception or reservation, and not to export or re-export the Products to the countries or for the benefit of the persons referred to by American laws, and more generally any applicable law, concerning export control.
By placing an order, you acknowledge that you are not in a country where such exportation is prohibited and that you are not on the Table of Denial Orders of the US Department of Commerce or the list of Specially Designated Nationals of the American US Department of the Treasury. You undertake to comply with the law of your jurisdiction in relation to the importation, exportation or re-exportation of the Products.
ARTICLE 3 – Prices
The Products shall be supplied at the current prices shown on the Website, on the day on which the order is registered by Cosmo Connected. Prices shall be given in euros, exclusive of taxes, and inclusive of all taxes.
Prices shall take account of any reductions that are granted by Cosmo Connected.
These prices shall be firm and non-revisable for as long as they remain valid; Cosmo Connected reserves the right, outside this period of validity, to change prices at any time.
Prices do not include the costs of processing, shipment, transportation and delivery, which will be charged in addition, as stipulated on the Website and calculated before the order is placed. They do not include any customs duties or import taxes.
ARTICLE 4 – Payment
To pay for his/her order online, the Customer can use the patent methods that are offered on the Website at the time of final confirmation of his/her order.
The national Carte Bleue [Blue Card], Visa, Mastercard and e-bank cards are accepted on the Website.
The Customer explicitly acknowledges that (s)he is entitled to use the payment method that (s)he has chosen.
For any order which is wholly placed online, the total price of the order shall be debited when the order is confirmed by Cosmo Connected.
To combat fraud involving payment methods, Cosmo Connected may contact you by any means to authenticate the details of the transaction and may, if necessary, request proof of your identity.
If the requested evidence is not provided, Cosmo Connected reserves the right to reject the order or take any appropriate steps. Confirmation and the shipment of ordered Products may be postponed by the amount of time that is taken to send the requested documents to Cosmo Connected and process them.
The Alert Service subscriptions
1/ The “FREEDOM” option is a monthly subscription without commitment with tacit renewal. You will be debited every month on the anniversary date of your registration of an amount of nine (9) euros (tax included) by credit card. This subscription is cancellable at any time respecting a period of intervention of seven (7) working days before the next withdrawal.
* This option includes the discovery offer of a free month, you will not be charged until thirty (30) days after your registration to the service.
2/ The “COOL” option is a subscription with a commitment of a three (3) months duration with tacit renewal. You will be charged monthly on the anniversary date of the initial subscription of the amount of eight (8) euros including tax on the bank card registered at the time of subscription to this option. This subscription is cancellable at any time respecting a period of intervention of seven (7) working days before the end of the duration of your commitment.
* This option includes the discovery offer of a free month, you will not be charged until thirty (30) days after your registration to the service.
3/ The “ROAD” option is a subscription with commitment of a duration of six (6) months with tacit renewal. You will be charged monthly of the amount of eight (8) euros including tax on the bank card registered at the time of subscription to this option. This subscription is cancellable at any time respecting a period of intervention of seven (7) working days before the end of the duration of your commitment.
* This option includes the discovery offer of a free month, you will not be charged until thirty (30) days after your registration to the service.
ARTICLE 5 – Deliveries
The Products ordered by the Customer shall be delivered in Metropolitan France and countries for which the Website offers a delivery service, to the address indicated by the Customer when placing his/her order on the Website.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in special circumstances or where one or more Product(s) is/are unavailable, the ordered Products shall be delivered all at once.
Cosmo Connected undertakes to make every effort to deliver the Products ordered by the Customer within the periods mentioned in the order confirmation email sent by Cosmo Connected to the Customer. However, these periods are stated on an indicative basis only.
However, if the ordered Products have not been delivered within thirty (30) days after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the sale can be cancelled by written request of the Customer on the basis stipulated in article 18 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights. The amounts paid by the Customer will then be paid back to him/her within fourteen (14) days following the date of cancellation of the contract, without any compensation or deductions.
Deliveries shall be made by an independent delivery company to the address stated by the Customer when placing the Order which the delivery company can access easily.
The Customer must check the condition of the delivered Products. (S)he shall have a period of two (2) working days following delivery to submit by email (to the following address: (email@example.com) any reservations or complaints regarding non-conformity or patent defects in the delivered Products, together with all associated supporting evidence (including photos).
Once this period has passed, and if these formalities have not been completed, the Products shall be deemed to be compliant and free from any patent defects.
Cosmo Connected shall issue a refund for or replace, as soon as possible and at its own expense, delivered Products in which defects of conformity or patent or latent defects have been duly identified by the Customer, on the basis stipulated in Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees and the provisions of these General Terms of Sale.
ARTICLE 6 – Transfer of ownership – Transfer of risks
Cosmo Connected shall retain full ownership of the Products sold until all amounts owed to it in connection with the order by the Customer, including all costs and taxes, have been paid in full.
Regardless of the date on which ownership of the Products is transferred, the associated risks of loss and damage will only be transferred when the Customer physically takes possession of the Products.
ARTICLE 7 – Right to cancel
In accordance with current legal provisions, the Customer shall have a period of fourteen (14) days following receipt of the Product in which to exercise his/her right to cancel against Cosmo Connected, without having to give reasons or pay any penalties, in order to obtain a refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days after Cosmo Connected is notified of the Customer’s decision to cancel.
Returned Products must be in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be put back on sale in mint condition, together with the purchase invoice.
Products which are damaged, soiled or incomplete shall not be taken back.
The right to cancel can be exercised by means of any unambiguous statement which expresses the Customer’s desire to cancel and is communicated to Cosmo Connected.
If the right to cancel is exercised within the aforementioned time-limit, only the price of the Product(s) purchased and the delivery costs will be refunded; the other costs will remain payable by the Customer.
The refund will be paid within fourteen (14) days following receipt by Cosmo Connected of the Products returned by the Customer in the manner specified in this article.
ARTICLE 8 – Liability – Guarantee
The Products that are sold on the Website comply with current regulations in France and their performance levels are compatible with non-professional use.
Products supplied by Cosmo Connected automatically benefit, at no extra charge, independently of the right to cancel, in accordance with legal provisions, from the following:
the legal guarantee of conformity, for Products which appear to be defective or damaged or do not correspond to the order;
the legal warranty against latent defects originating from a defect of material, design or manufacture which affects the delivered products and makes them unfit for use;
on the basis and as specified in the box below and as stipulated in the appendix to these General Terms of Sale.
The legal guarantee of conformity gives the Customer a period of two (2) years following delivery of the good in which to take action against the Seller; (s)he can choose between repair or replacement of the ordered Product, subject to the cost conditions specified in article 3 of DIRECTIVE 1999/44/EC, and is exempt from providing proof of the lack of conformity of the Product for 24 months following delivery of the Product.
The statutory guarantee of conformity applies independently of any commercial guarantees that may cover the Product. The Customer can decide to enforce the guarantee against latent defects in the Product; in this event, (s)he can choose between cancelling the sale or a reduction in the sale price in accordance.
In order to exercise his/her rights, the Customer must inform Cosmo Connected in writing of the non-conformity of the Products or the existence of patent defects by the aforementioned time-limits and return the faulty Products in the condition in which they were received together with all secondary materials (packaging, instructions, charger, etc.).
Cosmo Connected will issue a refund or replace or arrange a repair for Products or parts under guarantee which it deems to be not in conformity or faulty.
The delivery costs will be refunded on the basis of the price that was charged and the return costs will be refunded upon submission of supporting evidence.
Refunds for Products which are deemed not to be in conformity or faulty will be given as soon as possible and no later than fourteen (14) days after Cosmo Connected confirms the lack of conformity or patent defect.
Refunds will be paid by crediting them to the Customer’s bank account or by cheque issued to the Customer.
Cosmo Connected cannot be held liable in the following situations:
noncompliance with the laws of the country in which the Products are delivered, which the Customer must check;
in the event of improper use, use which is not in accordance with the user manual, improper installation, use for professional purposes, negligence or inadequate maintenance by the Customer, and in the event of normal wear and tear on the Product, an accident or force majeure;
according to the functionalities offered through the application associated with the Product: if all or part of the functionalities are unavailable due to the suspension of these functionalities for nonpayment of amounts owed to Cosmo Connected, a fault due to the presence of a software interface or software which is unsuitable or incompatible, a fault in the terminal (including in the event of destruction of the latter), or due to inaccessibility of the telephone network or a Bluetooth connection (including an area which is not covered or inaccessibility of the network);
a malfunction in the application associated with the Product, and more generally the warning device, due to inaccessibility of the telephone network or a Bluetooth connection (including an area which is not covered or inaccessibility of the network), a technical fault, or due to the consequences of the accident (including in the event of total or partial destruction of the mobile terminal on which the application associated with the Product is installed).
In addition, the guarantee cannot cover:
repairs or replacements of parts resulting from normal wear and tear;
any adaptation of the Product which is necessary to make it comply with technical or safety standards which are applicable in a country other than the one for which the Product was originally designed and manufactured, i.e. France;
damage or defects in the Product resulting:
from improper use or installation of the Product (use which is not in accordance with the use for which the Product is intended, installation or use which is not in accordance with the instructions of Cosmo Connected or technical or safety standards which are in force in the country in which it is used, etc.);
maintenance of the Product which is not in accordance with the instructions of Cosmo Connected or negligence in the maintenance of the Product;
poor handling or misuse of the Product (mishandling, dropping, shocks, etc.) or an unsuitable environment (exposure to moisture, excessive heat, contact with sand or any other substance, inadequate power supply, etc.);
an alteration or repair to the Product which is not carried out by a service provider who has been approved by Cosmo Connected.
In addition, the Customer notes that the Product is a deceleration detection device which is complementary to brake lights (stop lights); it cannot replace them. (S)he also notes that according to traffic conditions and weather conditions, the Product may not detect braking situations, and accepts this explicitly.
MORE GENERALLY, THERE ARE NO GUARANTEES WHICH EXTEND BEYOND THE GUARANTEE SPECIFIED HEREIN AND ANY IMPLIED GUARANTEES, INCLUDING IMPLIED STANDARD COMMERCIAL GUARANTEES OR GUARANTEES OF FITNESS FOR SPECIAL PURPOSES, ARE EXPLICITLY EXCLUDED. NO RETAILER CAN ALTER THE AFOREMENTIONED TERMS AND CLAUSES CONCERNING LIABILITY.
ARTICLE 9 – Data Processing and Freedoms
Pursuant to Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, it is stipulated that the personal data that is requested from the Customer is necessary to process his/her order and draw up invoices, among other purposes.
This data may be communicated to any partners of Cosmo Connected who are responsible for the fulfilment, processing, management and payment of orders.
The fact that information which is communicated through the Website is processed has been declared to the French National Data Protection Commission “CNIL” (registered under No. 2087336 v0 of 27/07/2017).
In accordance with current national and European regulations, the Customer has a permanent right of access, correction, objection or cancellation in relation to information which concerns him/her.
This right can be exercised in the manner and by the means specified on the Website.
ARTICLE 10 – Intellectual property
Cosmo Connected shall retain all industrial and intellectual property rights to the Products, photos and technical documentation, which cannot be communicated or executed without its written authorization.
In addition, Cosmo Connected shall retain ownership of all intellectual property rights to its trademarks and the photographs, presentations, studies, drawings, models, prototypes, etc., created for the purpose of supplying the Products to the Customer.
The Customer shall therefore refrain from any reproduction or use of trademarks of Cosmo Connected and the aforementioned studies, drawings, models, prototypes, etc., without explicit prior written authorization from Cosmo Connected.
ARTICLE 11 – Force majeure
The Parties cannot be held liable if non-performance or a delay in the performance of any of their obligations as described herein results from a force majeure event within the meaning of article 7.1.7 of Unidroit Principles for International Commercial Contracts of 2016.
The Party who identifies the event must immediately inform the other Party of its inability to provide its service and provide the latter with proof of this. Under no circumstances can suspension of obligations be a cause of liability for non-performance of the obligation concerned, or lead to the payment of compensation or penalties for delay.
The performance of the obligation shall be suspended for the entire duration of the force majeure if it is temporary. Consequently, once the cause of the suspension of their mutual obligations has disappeared, the Parties shall make every effort to resume the normal performance of their contractual obligations as quickly as possible. To this end, the Party who is prevented from performing shall notify the other Party that it has resumed its obligation by way of a registered letter with acknowledgement of receipt or any document served without legal proceedings. If the event lasts for more than thirty (30) days from the date on which it arises, the contract of sale between the Parties can be terminated by either Party without either Party being able to claim compensation.
ARTICLE 12 - Cancellation of the contract
Except in the event of force majeure, if either Party breaches any of its obligations hereunder, the other Party can, thirty (30) days after sending formal notice to perform by way of a registered letter with acknowledgement of receipt which has not been acted upon, cancel the Contract early. The cancellation shall take effect from the date of receipt of the registered letter with acknowledgement of receipt.
Any cancellation of the Contract which can be attributed to a default by a Party shall give rise to the payment of compensation to the non-defaulting Party after the actual losses incurred and the costs incurred as a result of the cancellation by the non-defaulting Party have been proven. The right to compensation shall be limited solely to direct losses, excluding any indirect or potential losses.
ARTICLE 13 - Applicable law - Language
Unless otherwise required by applicable law, these General Terms of Sale and operations which arise out of them shall be governed by and subject to French law.
Notwithstanding any provisions to the contrary, the consumer may not be deprived of the protection granted by the provisions of a Member State of the European Union pursuant to Directive 2011/83/EU of the European Parliament and of the Council of 25 October of 2011 on consumer rights amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, when the distance contract or off-premises contract is strictly related to the territory of that State. As such, the application of the law designated above may be waived in favor of the law of the country of the User in the conditions established by Regulation EC No 593/2008 of June 17, 2008 on the law applicable to contractual obligations (Rome I).
The General Terms of Sale were originally written in French. In case of translation in one or more foreign languages, only the French text shall be valid in the event of a dispute.
ARTICLE 14 - Disputes
In the event of any controversy or dispute, the Parties shall attempt, promptly, in good faith and before any judicial action, to resolve it by alternative dispute resolution methods such as extra-judicial mediation or conciliation.
The Parties may agree to resolve their dispute in accordance with Directive 2013/11/UE of the European Parliament and of the Council of 21 may 2013 on alternative dispute resolution for Consumer disputes and the Regulation (EU) No 524/2013 of the European Parliament and of the council of 21 May 2013 on online dispute resolution for Consumer disputes.
The Online Dispute Resolution platform is available here.
All disputes to which purchases and sales transacted in accordance with these general terms of sale may give rise, with regard to their validity, interpretation, performance, termination, consequences and after-effects, which could not be resolved between the seller and the customer shall be referred to the courts with jurisdiction in accordance with general law and if you are a consumer in the courts of the country where you reside.
In addition, if any clause of the GTU becomes void, unenforceable, invalid, unlawful or inapplicable, this cannot affect the validity of these GTU and shall not exempt users/members from enforcing them. The provisions that are declared void or non-enforceable will be replaced with provisions of the same nature or with the same basis.
For any questions about these Terms of Sell, you can contact Customer Service at the following address: firstname.lastname@example.org.
ARTICLE 15 – Pre-contractual information – Customer’s acceptance
If a person places an order on the Website, this means that (s)he agrees to and fully accepts these General Terms of Sale and is obliged to pay for the ordered Products, as is explicitly acknowledged by the Customer, who waives, in particular, the right to rely on any document stating the contrary, which would be unenforceable against Cosmo Connected.
APPENDIX I – FRENCH LAW PROVISIONS CONCERNING Legal gUArantEes
Article L217-4 of the Consumer Code
The seller must deliver a good which is in accordance with the contract and shall be liable for non-conformities which exist at the time of delivery. (S)he shall also be liable for non-conformities resulting from packaging, assembly instructions or installation where (s)he was made responsible for the latter by the contract or where the latter was performed at his/her liability.
Article L217-5 of the Consumer Code
Be fit for the use that is ordinarily expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model; if it has the qualities that a buyer may reasonably expect in the light of the public statements made by the seller, by the manufacturer or by its representative, including in advertising or labelling
Or have the characteristics jointly agreed upon by the parties or be fit for any special use which is sought by the buyer and brought to the knowledge of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
The limitation period for bringing an action for non-conformity is two years from delivery of the good.
Article L217-16 of the Consumer Code
Where the buyer asks the seller, during the course of the commercial guarantee that was given to him when a movable good was purchased or repaired, to carry out a repair which is covered by the guarantee, any period of immobilization lasting at least seven days shall be added to the duration of the guarantee which was outstanding. This period shall begin to run from the time when the buyer requests a repair or makes the good concerned available for repair, if (s)he makes the good available for repair after requesting a repair.
Article 1641 of the Civil Code
The seller is bound by the guarantee against latent defects in the item sold which make it unfit for its intended purpose, or which impair this use so much that the buyer would not have purchased it, or would only have paid a lower price for it, if (s)he had known about them.
Article 1648 paragraph 1 of the Civil Code
Any actions arising out of hidden defects which make a good unfit for purpose must be initiated by the buyer within two years after discovering the defect.
Last update: 17th of Juanary 2019