General terms of sale
The following provisions establish the conditions of sale of the products offered by COME COSE on its boutique website www.cosecose.fr .
For any information, it is possible to send a message by email to the following address: email@example.com
ARTICLE 1: OBJECT
These General Terms and Conditions of Sale exclusively determine the conditions under which the company COME COSE, whose registered office is located at 3 rue des Rois 17100 LES GONDS, registered in the SAINTES trade and companies register under number 902 723 931 ( "COME COSE"), offers on the site www.cosecose.fr (the "Website"), to any natural person domiciled in Europe acting for their personal use (the "Customer"), the sale (the "Order") of products and services (the "Product(s)" ).
The General Conditions of Sale may be modified at any time on the initiative of COME COSE, the version applicable to any Order being that appearing online on the site www.cosecose.fr at the time of the Order.
Prior to any transaction, the Customer expressly acknowledges having read the General Conditions of Sale and accepting the terms and conditions without reservation, as soon as he ticks the box "I accept the T&Cs", once specified the number and category of Products desired and before proceeding to payment.
ARTICLE 2 – CONNECTION AND REQUIRED INFORMATION
The Customer is personally responsible for setting up the IT and telecommunications resources allowing access to the Website. He bears the cost of telecommunications when accessing the Internet and using the Website.
Prior to placing any Order for Products online, the Customer may register on the Site by creating an account, containing all useful information (the "Account"). The Customer's registration on the Site is validated by COME COSE after verification of the standard form completed by the Customer. The Customer then receives a registration confirmation email.
When creating his Account, the Customer must have completed the fields requested by COME COSE and provided accurate and complete information in this respect. The Customer is required to update his personal information. If the information provided proves to be false, inaccurate or incomplete, COME COSE cannot in any way be held liable for the non-performance or poor performance of the resulting sales contract.
The Customer can also place an Order without first registering on the Site by creating an account. In this case, the information required for the processing of his Order will also be completed with care.
ARTICLE 3 – PRODUCTS OFFERED FOR SALE
The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are updated automatically in real time.
COME COSE takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information (texts, images, descriptions).
It should be noted that the colors of the products offered for sale on the Site are likely, despite all the precautions taken, not to correspond to the actual colors, under the effect, for example, of the Internet browser and/or the screen used. COME COSE cannot be held liable in this respect.
Similarly, an error in the update, whatever its origin, does not engage the responsibility of COME COSE, which as such cannot be held responsible for the cancellation of an Order for a Product. due to stock depletion.
ARTICLE 4 – FORMATION OF THE ELECTRONIC CONTRACT AND CONFIRMATION OF THE ORDER
The Customer can select as many Products as he wishes which will be added to the basket (the "Basket"), within the limits of available stocks. The Customer is informed, in real time when placing his Order, of the availability of the desired Products, entered in his Basket.
The Basket summarizes the Products chosen by the Customer as well as the prices and costs relating thereto. The Customer may freely modify the Basket before validating his Order.
After having checked his Order, read and validated the GCS, the Customer confirms his Order and makes the payment online according to the methods described below.
Special case of Products falling into the category Antiques and Old Objects: for these Products, the price of which, communicated on request, is not displayed on the Site, a contact form will allow the Customer to exchange beforehand with COME COSE in order to obtain the total price, taking into account the amount of the costs delivery corresponding to the Customer's address and delivery terms. After validation of the Order between the Customer and COME COSE following this exchange, COME COSE will send the Customer an e-mail via the Sogecommerce payment platform. A link contained in the e-mail will allow the Customer to pay for his Order.
COME COSE confirms the acceptance of the Order to the Customer, by sending a summary e-mail (in particular: products, prices, possible delays in the availability of products, quantity). Invoices are available in the "my account" section of the Website.
COME COSE reserves the right not to follow up on a Customer's order - for example in the event that there is a dispute relating to the payment of a previous order - and will inform the Customer as soon as possible at the following the knowledge of the Order.
ARTICLE 5 - PRICES OF PRODUCTS AND AMOUNT OF THE ORDER
The total price displayed during the validation of the Order is the final price.
The prices of the Products and the total price of the Order are indicated in euros, all taxes included, and do not include shipping costs.
COME COSE reserves the right to modify its prices at any time, however the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order.
ARTICLE 6 - TERMS OF PAYMENT AND PAYMENT
Terms of Payment
Payment for the Products by the Customer is made exclusively in euros.
The Products are payable in cash when the Order is placed. Payment is made either via Paypal or by credit card via the secure platform of our partner Sogecommerce, a solution offered by Société Générale.
The Customer's bank account is debited with the amount of the Order upon acceptance of the transaction by the payment center.
In the event of refusal by the payment center concerned, the Order is automatically cancelled.
As soon as the transaction is completed, the Customer is informed of it in the browser window that gave rise to the secure request. He receives a purchase confirmation email that acts as an invoice.
For any payment made when Ordering Products on the Site, COME COSE uses a secure online payment system to encrypt the Customer's credit card number using the SSL (Secure Socket Layer) protocol.
ARTICLE 7 – DELIVERY
Participation in shipping costs is fixed in euros including tax depending on the option chosen by the Customer when confirming his Order (standard delivery, Colissimo, Chronopost, Mondial Relay relay point, specialized carrier, in particular for Antiquities and Old Objects, with or without delivery against signature). The Products are sent to the delivery address indicated by the Customer when ordering. It is up to the customer to choose and check the address of the Point Relay selected once the order has been validated, COME COSE cannot be held responsible in the event of an error when choosing the Point Relay. When the Products are dispatched, COME COSE sends the Customer the tracking number for their package by e-mail.
COME COSE reserves the right to refuse to deliver Orders from individuals to post office boxes, collective addresses such as offices, care establishments or residences. In the event of delivery to a collective address, the Customer acknowledges that COME COSE's obligation for the delivery of the Order stops at the actual delivery to the collective address indicated in its Order form, even though the shipment is not received by the final recipient Customer but by a third party. COME COSE cannot be held responsible for any problems with delivery, loss or damage to parcels and which would be the responsibility of La Poste or the carrier chosen. In the event of loss or deterioration, an investigation will be requested from La Poste or the carrier. In the event of compensation, it will be paid back to the Customer in the form of a credit note or reimbursement.
Orders are shipped within 48 hours, all year round, Monday to Friday except on public holidays, with the exception of bulky Products, Antiques or Old Objects requiring the intervention of a specialized carrier. In this case, the shipment will be made according to the availability of the latter, which will be communicated to the Customer.
At the time of validation of the order on the payment module, the shipping costs are automatically displayed, the price varying according to the choice of delivery service made by the Customer. This amount is due by the Customer in addition to the sale price of the Products purchased.
At the time of validation of the order on the payment module, it is the customer's responsibility to provide a valid email address and telephone number so that the latter is informed of all information relating to the tracking and delivery of the order. . COME COSE cannot be held responsible in the event of missing or incorrect contact information resulting in the non-delivery of an order or its non-collection at a collection point.
At the time of delivery, it is the Customer's responsibility to check the condition of the package and the conformity of the Product. In the event of a defect, the Customer must imperatively make any reservations on the carrier's delivery note.
ARTICLE 8 - AVAILABILITY
The indications on the availability of the Products are indicated on the corresponding Product sheet.
The mention "sold out" indicates that the Product is no longer available because the stocks of the Product in question have been completely sold out.
COME COSE reserves the right to modify or cancel an Order if a reference is not available after stock status.
ARTICLE 9 - COMPLAINT - RIGHT OF WITHDRAWAL - EXCHANGE
If he is not satisfied with the Products delivered, if he wishes to make a return, or if he has a comment to make relating to his Order on the Site, the Customer is invited to contact COME COSE by e-mail, to the following address : firstname.lastname@example.org making sure to fill in the number of the Order in question and the reason for the request.
COME COSE will endeavor to respond to any complaint or observation as soon as possible.
Right to retract
In accordance with article L-221-28 of the Consumer Code, the Customer has a right of withdrawal of 14 days to return the Products to COME COSE without having to justify the reason. This period runs from the receipt by the Customer of the Products.
The use of the right of withdrawal must be notified in advance by e-mail to the following address: email@example.com. The Customer returns the Products which do not give him satisfaction at his expense, indicating his surname, first name and address and the number of his Order so that COME COSE can easily identify the Customer and reimburse him.
Returns should be made to the following address: COME COSE 3 rue des Rois 17100 LES GONDS.
COME COSE requests that the Products be returned in their original packaging as far as possible or a packaging chosen by the Customer so that the Products are suitable for a new marketing, intact and complete without trace of use, no worn and unwashed.
The reimbursement of the products takes place within seven (7) working days, provided that COME COSE has been able to recover the Products.
Unless otherwise requested by the Customer, COME COSE makes the refund using the same means of payment as the one used for the transaction.
The return of the Products is the responsibility of the Customer and is at his risk. Return costs are borne by COME COSE if the Product delivered to the Customer is different from the Product ordered or if it is delivered defective or damaged. It will be up to the Customer to keep any proof of return, which assumes that the Products are returned by registered mail or by any other means giving a certain date to this shipment (colissimo or letter followed). In the event of a delivery error, COME COSE cannot be held responsible and will suspend reimbursement until the Products have been fully returned.
Clearly personalized Products, made according to the Customer's specifications, cannot be returned for reimbursement.
For any return request concerning Products falling into the Antiques and Old Objects category, a prior discussion concerning the practical terms and conditions of return must be held between the Customer and COME COSE. The Customer is invited first of all to contact COME COSE by e-mail, at the following address: firstname.lastname@example.org
Without prejudice to the provisions concerning the exercise of the right of withdrawal, COME COSE allows the Customer, outside periods of promotions and sales, to request, within fourteen (14) days from the day following the date of receipt of his Order, to exchange for another Product offered for sale on the Site. The Customer must specify the choice of the new Product(s).
This request should be sent by e-mail to the following address: email@example.com
The Customer must return the Product(s) he wishes to exchange within a maximum period of 14 days from the day following receipt of his Order, to the following shipping address: COME COSE 3 rue des Rois 17100 LES GONDS.
The Products for which the exchange is requested must be returned intact and complete with no trace of use (clothing neither worn, nor washed, nor damaged, the original label attached to the garment) and in their original packaging. They must be accompanied by a copy of the corresponding Order confirmation email, invoice or delivery note. Shipping costs and return risks remain the responsibility of the Customer.
COME COSE will ship the replacement Product(s) as soon as possible from the recovery of the Products for which the Customer requests the exchange.
If the price of the replacement Product(s) is higher than the price of the Product(s) for which the exchange is requested, the exchange will be subject to payment by the Customer of the price difference. If the price of the replacement product(s) is lower than the price of the product(s) for which the exchange is requested, COME COSE will reimburse the Customer for the difference in price.
Products falling into the Antiques and Old Objects category, due to their specificity, cannot be exchanged.
To note: COME COSE has the option, despite the exercise by the Customer of his right of withdrawal or his request for exchange, not to accept the return of the Products when these have been altered in their essential or qualitative characteristics or have been damaged. Therefore, Products returned incomplete, damaged or soiled, will not be taken back and, therefore, not refunded or exchanged by COME COSE. COME COSE will inform the Customer of this in writing, within fourteen (14) days from the day following receipt of the returned products that have been the subject of the right of withdrawal or the request for exchange. The Products will then be sent back to the Customer, at the Customer's expense.
ARTICLE 10 – GUARANTEES According to Articles L. 217-4 to L. 217-14 of the Consumer Code, the legal guarantee of conformity of the Products is exercised within a period of 6 months from the delivery of the Products. Legal warranty against hidden defects: according to articles 1641 to 1649 of the Civil Code, the limitation period is 2 years from their discovery. Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Customer as in the event of normal wear and tear of the Products. These guarantees do not cover Products damaged by the Customer as well as any imperfections or peculiarities inherent in old or second-hand Products (specified in the Product sheet).
In order to assert his rights, the Customer must, under penalty of forfeiture of any action relating thereto, inform COME COSE in writing of the existence of the defects within a maximum period of 2 years from their discovery. COME COSE may, depending on the case and at its discretion, replace, or have repaired, or give a credit note to the Customer for the Products or parts under warranty deemed to be defective. However, any warranty will only apply provided that the damage is not caused by the Customer as a result of negligence, deterioration or improper use of the Product.
COME COSE's liability is in any case limited to the value of the Product in question, on its date of sale.
ARTICLE 11 – INTELLECTUAL PROPERTY
The domain name www.cosecose.fr , the brand, the logo, the design, the text, the graphics, the photographs, the variation of the pages and all the other elements used for the creation of the Site, whether visual or sound, including the underlying technology , are protected by copyright, trademarks or patents and are the exclusive property of COME COSE or its suppliers and service providers.
The User Client who has a personal Internet site and who wishes to place, for personal use, on his site a simple link directly to the homepage of the Site, must request prior express authorization from COME COSE.
Any hypertext link to the Website and using the technique of framing or in-line linking is strictly prohibited. In all cases, any link, even tacitly authorized, must be removed on simple request from COME COSE. Hypertext links may refer to sites other than the Site [to be completed]. COME COSE disclaims all liability in the event that the content of these sites contravenes the laws and regulations in force.
ARTICLE 12 – RESPONSABILITE
HOW THINGS can in no way be held liable for any use or misuse of the Products which would be attributable to the Customer's act, to the unforeseeable and insurmountable act of a third party or to a case of force majeure as defined in article 13.
The Customer agrees to assume all known and unknown risks and all consequences relating to or related to the use of the Products.
Unless there is a malfunction of the Website attributable to it, COME COSE cannot be held responsible for anomalies that may occur during the Order, processing or downloading attributable either to the Customer's fault or to the unforeseeable and insurmountable fault of a foreign third party. to the service, or to a case of force majeure as defined in article 13.
Similarly, COME COSE cannot be held liable for breakdowns and technical problems concerning the hardware, programs and software or the Internet network which may, where appropriate, lead to the suspension or termination of the service.
ARTICLE 13 - FORCE MAJEURE
HOW THINGS cannot be held responsible for any non-execution of the Order resulting from a case of force majeure considered as such by the case law of the French courts and tribunals.
The cancellation of the Order due to force majeure will give rise to reimbursement of the Customer for the Order in question.
ARTICLE 14 – PERSONAL DATA
By registering on the Site www.cosecose.fr , the Customer consents to the use by COME COSE personal data concerning him and which he has communicated or which is collected through the operation of the Website.
Only the data strictly necessary for the purpose of the processing implemented are collected by COME COSE.
As such, the data is processed mainly for the following purposes:
- • Order processing and delivery, payment management
- • the management of the sending of information relating to the Products, newsletters, communication and/or promotional materials from COME COSE.
- • Carrying out analyzes and statistical studies of visits to the Site in order to improve the content, services and Products offered, in order to better understand the market, the needs in terms of products and services.
The recipients of personal data are the relevant departments of COME COSE.
COME COSE retains personal data only for the time necessary for the operations for which they were collected and in compliance with the regulations in force. Thus, the data relating to the Customers are kept for the duration of the contractual relationship, increased by 3 years for the purposes of animation and prospecting, without prejudice to the obligations of conservation or the limitation periods. Data relating to prospects is kept for a period of 3 years from the last incoming contact with COME COSE.
COME COSE ensures the security of personal data by implementing enhanced data protection through the use of physical and logical security means.
COME COSE undertakes not to sell, rent, assign or communicate this data to a third party having no direct link with the activity of COME COSE, except in the event of a legal obligation. COME COSE may thus communicate Customer data to its subcontractors acting on its behalf, such as delivery or secure payment services on the Internet. These third parties will only use the personal data of Customers on instructions from COME COSE in the context of deliveries or Orders, and will not be authorized to use them in their own name or to transmit them to other parties.
COME COSE will use the Customer's personal data within the framework of the policy described here. By registering on the Site, the Customer accepts that his personal data will be used by COME COSE in accordance with this policy. In the event that a modification of this policy should occur, COME COSE will post the modifications in these General Conditions of Sale.
In accordance with the amended Data Protection Act of January 6, 1978, the Customer has the right to access, query, modify and rectify information concerning him.
The Customer also has a right to object to the processing of his personal data for legitimate reasons, as well as a right to object to this data being used for commercial prospecting purposes.
Finally, the Customer has the right to define general and specific directives defining the way in which he intends to exercise these rights after his death.
To exercise his rights, the customer must send a letter to COME COSE accompanied by a photocopy of an identity document, to the following address: COME COSE 3 rue des Rois 17100 LES GONDS.
ARTICLE 15 - ENTIRE AGREEMENT
The Customer and COME COSE acknowledge that these General Conditions of Sale constitute the entire agreement concluded between them.
If, for any reason, one of the clauses of the present should be declared inapplicable, it would be deemed unwritten without causing the nullity of this Contract, nor altering the other provisions.
ARTICLE 16 - APPLICABLE LAW - ATTRIBUTION OF JURISDICTION
The Site, its content, these General Conditions of Sale and any past relationship between the Customer and COME COSE are exclusively subject to French law.
In the event of difficulty, the Customer will first contact COME COSE in order to find an amicable solution. In the absence of an agreement reached between the Customer and COME COSE, the Customer has the possibility of having recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.
Finally, any dispute that may arise between the Customer and COME COSE relating to the formation and/or the interpretation and/or the execution and/or the termination of the present and/or any relationship between the Customer and COME COSE will be exclusive jurisdiction of the courts of SAINTES.