General terms and conditions of sale

These General Terms and Conditions of Sale are entered into between, on the one hand, COSMO, a SAS with capital of 851 euros, registered with the PARIS RCS under number 902 960 889, with its registered office at Bureau 46 – 66 avenue des Champs Elysées in PARIS (75008) (hereinafter « COSMO »), and on the other hand, any person who has made a purchase on the website www.madamedalexis.com, hereinafter referred to as « the Customer ». Any purchase on the website www.madamedalexis.com (hereinafter the « Site ») automatically implies acceptance of all these conditions.

 ARTICLE 1 – DEFINITIONS

Customer: refers to any user who purchases a Product through the Site and/or who has a personal account on the Site.

Order: refers to the process by which the Customer selects the Products he wishes to purchase and have delivered. An Order is finalized when the Customer has selected the Products he wishes to have delivered as well as the delivery options and when he has paid the amount due. Once finalized, the Order is taken care of by COSMO, which will proceed to ship the Products ordered according to the terms of these GTC.

Contract: refers to these GTC and any specific conditions applicable to certain promotional operations. Therefore, the Customer waives the right to rely on any contradictory document that would be opposed to the Contract, and which would consequently be unenforceable against COSMO.
Personal Data: refers to all personal information relating to the Customer, a natural person, provided by him during the Order.

Parties: refers jointly to COSMO and the Users of the Site.

Products: refers to the products available for sale on the Site.

User: refers to any natural or legal person accessing the Site, whether or not they are a Customer.

ARTICLE 2 – PURPOSE OF THE GTC AND VERSION IN FORCE

2.1. The purpose of these GTC is to define the conditions under which Users can access the Site, place Orders and manage relations between COSMO and Users, including all the rights and obligations arising therefrom.

2.2. They apply to relations between Users and between Users and COSMO. Any User undertakes to respect, without restriction or reservation, these GTC, whether he visits the Site or places an Order. The GTC are notified to Users for acceptance prior to any Order on the Site.

2.3. COSMO is free to modify, at any time and without notice, these GTC, in particular to take into account any legal, jurisprudential and/or technical developments. COSMO will inform the User by any means, who must accept the new GTC.

In any event, the User's continued use of the Site after being informed of changes to the Terms and Conditions implies acceptance of these changes.
Successive versions of the Terms and Conditions will be accessible on the Site.

2.4. The prevailing version of the Terms and Conditions is the latest version available on the Site.

2.5. The version applicable to an Order is that in effect on the date the order is placed.
Each new Order requires acceptance of the Terms and Conditions by the Customer, which the Customer acknowledges and accepts.

If Users do not accept the Terms and Conditions or subsequent modifications, they must refrain from using the Site.

2.6. The User declares that they have obtained from COSMO, prior to placing their Order, all information regarding the Products and delivery methods. They declare that they are solely responsible for the choice of Products and their suitability for their needs.

2.7. The User must be a duly represented legal entity or an adult individual with the legal capacity to place an Order on the Site. Otherwise, they must have authorization from their legal representative to place an Order, which they expressly acknowledge and accept.

 ARTICLE 3: PRICE

All prices displayed on the Site are in euros, inclusive of all taxes. COSMO reserves the right to modify its prices without prior notice. The prices applied to the Customer are those displayed on the Site at the time of their Order.

ARTICLE 4: PRESENTATION OF ITEMS

The User is informed that photographs of the Products appear on the Site, which they may consult freely.
COSMO makes its best efforts to ensure that the photographs of the Products are as close as possible to the Products actually delivered to the Customer (especially the color of the Products). However, COSMO cannot guarantee that the Products will be exactly identical to the photographs, particularly due to the technical constraints of making the photographs available on the Site.

Furthermore, COSMO strives to present and describe its Products as precisely as possible. Nevertheless, while aiming to provide an accurate presentation of the essential qualities of its Products, COSMO cannot guarantee the exhaustive communication of all the characteristics of each Product. Users who wish to receive additional information about a Product are invited to contact Customer Service by email at contact@madamedalexis.com
The User declares that they are fully aware of the provisions of this article, and expressly agrees not to hold COSMO liable in this regard, subject to the application of mandatory legal provisions (including the guarantee of conformity).

ARTICLE 5: ORDER

The User can browse the Site without any obligation to purchase.

To place an Order, the Customer selects the Products of their choice on the Site and adds them to their virtual basket.

Creating a personal account on the Site is not necessary to place an Order. However, certain personal data of the Customer is required for the proper execution of the Order by COSMO.

The Customer is required to provide complete, up-to-date, and accurate information, as COSMO cannot be held liable in this regard. The Customer is informed that some of the requested information is mandatory for the proper execution of the Order they have placed, which they expressly acknowledge.
The description of the Products is available to the Customer on the Site, which the Customer accepts and acknowledges.
Once the Order is finalized, confirmation of receipt is sent by COSMO to the Customer by email to the address indicated during the Order.

The Order is validated once the payment has been fully processed and received by COSMO.

COSMO will send the Customer an invoice by email to the address provided during the Order. It is advisable for the Customer to save or print their invoice and keep it.
COSMO undertakes to honor validated Orders, within the limits of available stock.

In the event that one or more Products are unavailable after the Order has been placed, the Customer will be notified by email.

The Customer will have the choice of being reimbursed for the amount corresponding to the unavailable Products, or of being delivered when the Products in question are back in stock (unless permanently withdrawn from the catalog).

In any event, COSMO cannot be held responsible for any prejudice suffered by the Customer, nor be liable for any damages.

COSMO may modify the range of products offered for sale on the Site at any time, without prejudice to Orders placed by the Customer.

ARTICLE 6: DELIVERY

The delivery costs will be specified on the Site, inclusive of all taxes, during the Order process and must be accepted by the Customer when validating the Order.
They will appear on a specific line, separate from the one specifying the price of the Products.
It is expressly specified that the amount of delivery costs may vary depending on the delivery territory of the Products, which the Customer expressly acknowledges and accepts.
Delivery times are indicated on the Site and depend on the delivery method chosen by the Customer. Delivery times exclude Saturdays, Sundays, and public holidays.
In accordance with Article L. 216-1 of the Consumer Code, the Parties agree that the Products will be delivered within the timeframes specified during the Product Ordering process and before validation of said Order. The delivery times are also mentioned in the Order confirmation email sent to the Customer.

Delivery times include the preparation and dispatch of the Order, as well as the time taken to deliver the Products to the delivery point (Customer's postal address or collection point).
In the absence of any indication on the Site of a delivery time for the Products, COSMO undertakes to deliver them within a maximum period of 30 (thirty) days from the Order validation email sent to the Customer by COSMO. In this case, the Products concerned are delivered within the time indicated on the Site and reminded at the time of the Order.

However, as COSMO uses external service providers (carriers, postal services, etc.) to deliver the Products, COSMO is entirely dependent on these third-party service providers. The delivery times indicated on the Website may therefore be affected by these service providers, without COSMO being liable for any delays in delivery or the consequences that may result.
When delivery is made against signature, this serves as proof of receipt of the package. The transfer of risks and responsibility for the Products takes place upon receipt of the Products by the Customer. From that date onwards, the Customer shall be solely and exclusively responsible for the Products, their use, and any consequences that may arise therefrom. Consequently, the Customer undertakes to check, at the time of delivery, that the Order delivered is complete, compliant, and has not been damaged.

Otherwise, the Customer undertakes to refuse to accept the Order and to sign any supporting document. Any Order accepted against signature by the Customer shall be deemed to be compliant, complete, and in perfect condition at the time of delivery.

Failure to collect parcels from collection points

When the package is made available at a pickup point following an unsuccessful home delivery attempt, this availability constitutes delivery within the meaning of Article L.216-4 of the Consumer Code.
The transfer of risks to the Customer is effective on this date.

The Customer agrees to collect their package within the time frame specified by the carrier.
If the package is not collected within the specified time frame, it will automatically be returned to COSMO.

In this case:

• The initial delivery costs remain the property of COSMO and are non-refundable. With regard to the free delivery costs, a flat fee of €15 including tax will remain the property of COSMO.
• the return shipping costs charged by the carrier will be deducted from the refundable amount;
• Any reshipment costs, if requested by the Customer, shall be borne entirely by the Customer.
• COSMO will retain a flat-rate processing fee of €30 (including tax ) for managing the return, inspection, and restocking.
• Any refund for Products can only be made after the returned package has been received at COSMO's premises.

Returned Products must be in the same condition as when they were originally shipped: new, unopened, unused, undamaged, and in their original packaging.
Any Product returned damaged, opened, deteriorated, or no longer suitable for resale will not be eligible for a refund.

No free reshipment will be made when non-delivery results from failure to collect the package or circumstances attributable to the Customer.

ARTICLE 7: PAYMENT

The Customer pays on the website www.madamedalexis.com by credit card of the Visa, Mastercard, Maestro and American Express networks, Apple Pay, and PayPal via one of the secure payment platforms, namely STRIPE or SHOPIFY PAYMENT.

The payment methods are specific to the platform of the payment service provider STRIPE and SHOPIFY PAYMENT, and are independent of COSMO, which does not intervene in any way in the use of said service. All the conditions and modalities related to payment via the STRIPE and SHOPIFY PAYMENT payment solution are governed by the General Terms and Conditions of Use of this service, accessible athttps://stripe.com or https://shopify.com, which apply concurrently with these Terms and Conditions. 

COSMO does not retain any of the Customer's bank details, subject to the provisions below. COSMO cannot be held responsible for any malfunction occurring on the STRIPE or SHOPIFY PAYMENT payment platform.

By accepting these terms, the Customer also agrees to be bound by the General Terms and Conditions of Use of STRIPE and SHOPIFY PAYMENT, accessible at the aforementioned addresses. These are subject to modifications by STRIPE and SHOPIFY PAYMENT only. Under no circumstances can COSMO modify the General Terms and Conditions of Use of STRIPE and SHOPIFY PAYMENT, a service provider over which it has no control. 

ARTICLE 8 - RIGHT OF WITHDRAWAL

In accordance with Articles L.221-5 et seq. of the Consumer Code, the Customer has a period of 14 days from the date of delivery of the Order to return any new and unopened product, in its original packaging and in perfect condition (any product that is damaged, incomplete, spoiled, or whose packaging is deteriorated will not be accepted), to request a refund without penalty.

In particular, COSMO will not refund cosmetic products if the protective seal has been removed.

The Customer must therefore place the intact packaging containing the product in suitable packaging on which the return label will be affixed, before sending it by post. The Customer must also include a copy of the invoice or any other document allowing identification of the Order in question, and its holder.

The return of the Product is carried out at the Customer's own risk. If the package is lost, stolen, or damaged during the product return, COSMO reserves the right to refuse the refund of the returned product(s).

Only the Customer identified as such with COSMO can exercise this right, to the exclusion of any other person, and in particular the person to whom the delivery is addressed. The return address is: 

COSMO 
2 rue Traversière
78580 LES ALLUETS LE ROI  

ARTICLE 9 – PERSONAL DATA

9.1. Personal data is collected by COSMO when an Order is placed or when a personal account is created by the Customer. Creating a personal account is not mandatory to place an Order on the Site; the Customer has the option of placing an Order as a 'guest'.

In addition, personal data is collected through cookies. This type of collection is covered in Article 9.2 below.

When placing an Order, certain personal data must be provided by the Customer and collected by COSMO. This includes the Customer's last name, first name, email address, postal address, and telephone number. The same personal data is required when creating a personal account.

This personal data is subject to automated processing for the purposes of managing the Order and COSMO's customer base, as well as for commercial prospecting and statistical purposes.
It may be transmitted to COSMO's commercial partners who contribute to the delivery of the Products and the processing of payments, solely for this purpose, which the Customer expressly acknowledges and accepts.

Furthermore, within the framework of the online payment services used by COSMO, these services collect certain personal data belonging to the Customers on behalf of COSMO.

This data is kept for the duration necessary for the purposes for which it is collected and processed, namely for the execution of the Order placed by the Customer, unless:
- a longer retention period is authorized or imposed by a legal or regulatory provision;

- the Customer has exercised, under the conditions provided for below, one of the rights granted to him by law.

In addition, when the Customer has created a personal account, the personal data communicated for this purpose is kept until the account is deleted, which can be requested from COSMO under the conditions described below.

Subject to the Customer's express acceptance via checkboxes, the Customer's email address may also be used by COSMO for the purposes of registering for and sending a newsletter and/or transmitting promotional offers.

If the Customer no longer wishes to receive newsletters and/or promotional offers, they have the option of modifying their choice by contacting COSMO under the conditions mentioned below or by using the unsubscribe links provided in the messages.

Access to personal data is strictly limited to COSMO employees who are authorized to process it due to their functions. The information collected may be communicated to third parties linked to COSMO by contract for the execution of subcontracted tasks necessary for the management of the Order, without the Customer's authorization being necessary. It is specified that, within the framework of the execution of their services, the third parties only have limited access to the data and have a contractual obligation to use it in conformity with the provisions of the legislation applicable in the matter of protection of personal data. Apart from the cases mentioned above, COSMO undertakes not to sell, rent, transfer or give access to third parties to the data without the prior consent of the Customer, unless it is forced to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defense, etc.).

In accordance with the legal and regulatory provisions applicable, in particular law n° 78-17 of January 6, 1978, amended relating to data processing, files and freedoms and European regulation n°2016/679/EU of April 27, 2016, the User benefits from a right of access, rectification, portability and erasure of their data or even limitation of processing. They may also, for legitimate reasons, oppose the processing of data concerning them.
They may thus demand that personal data concerning them that is inaccurate, incomplete, ambiguous or outdated be rectified, completed, clarified, updated or erased. The User's personal data is also deleted when the User expressly withdraws their consent to the collection and processing of their personal data, subject to COSMO's legal obligations. The User may also, under the right to portability of their personal data, recover data concerning them for their personal use, or request that it be transferred to a third party, if this is technically feasible. Each User may also object, for legitimate reasons, to the processing of data concerning them, and request the limitation of data processing.

To exercise these rights, the User must send a request to the following postal address: COSMO, Bureau 46 – 66 avenue des Champs Elysées in PARIS (75008), or contact us by email at contact@madamedalexis.com. COSMO may ask the User to prove their identity, by attaching to their request any necessary document, in particular a copy of their identity card or passport.

COSMO will implement the means at its disposal to process requests relating to the personal data of Users.
In the event of a security breach on the Site or loss of personal data relating to Users, COSMO will inform them by email under the applicable legal conditions. It will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure data security.

Users also have a right to complain, which they can exercise with the national supervisory authority, namely the CNIL.
For more information about their rights, Users can click on the following link: https://www.cnil.fr/fr/comprendre-vos-droits.

9.2. COSMO may implement cookies on the Site. This is an automatic tracking process that records information relating to navigation on the Site, and stores information entered during visits to the Site in order to facilitate the use of the Site.
The cookies installed by COSMO are deleted from the Customer's computer terminal after a period of 13 months.

Users can prevent these cookies from being installed and/or delete them by following the instructions in their browser settings.

COSMO obtains explicit consent from Users regarding the use of these cookies and uses them in accordance with legal provisions, including the General Data Protection Regulation.

COSMO uses these cookies solely to compile connection statistics and browsing histories of Users.

 ARTICLE 10: VOUCHERS/CREDIT NOTES

Vouchers issued by COSMO are valid for one year and can be used for all Products offered on the Site. Vouchers cannot be combined with each other or with promotional codes. 

ARTICLE 11: PROMOTIONAL CODES

Promotional codes apply only to base prices that have not been discounted. Promotional codes cannot be combined with each other or with vouchers. Promotional codes can be used once per Customer account unless otherwise instructed by COSMO. These codes are non-refundable upon exchange.

ARTICLE 11 bis – PROMOTIONAL PRODUCTS AND SALES PROMOTIONS

In the context of one-off commercial operations (Black Friday, private sales, special operations, exceptional discounts, limited-time offers, promotional codes, automatic discounts applied to the shopping cart), the following provisions apply:

1. Products purchased as part of a promotional offer cannot be returned or exchanged, except in the event of exercising legal guarantees (legal guarantee of conformity or hidden defects), in accordance with Articles L.217-4 et seq. of the French Consumer Code and 1641 et seq. of the French Civil Code.
2. Pursuant to Article L.221-28, 5° of the Consumer Code, the right of withdrawal cannot be exercised on Cosmetic Products that have been opened, unsealed, or used, for reasons of hygiene and health protection.
   Consequently, any Product that has been opened, even as part of a promotional offer, cannot be refunded.
3. Products sold during specific commercial operations may be subject to special conditions indicated on the Website, which shall prevail over the general terms and conditions with regard to the operation in question.
4. Discounts applied as part of a promotional offer cannot be combined with other benefits, vouchers, or promotional codes, unless expressly stated otherwise.
5. In the event of the return of a package containing Products from a promotional offer that have been opened or used, no refund will be made, as the Products are unsuitable for resale and must be destroyed for hygiene reasons.

 ARTICLE 12: INTELLECTUAL PROPERTY

Without limitation, the COSMO models, as well as its derivatives and variations, logos, graphic charter, layout, information, presentation, and content of the Site, are the exclusive property of COSMO. The systems, software, structures, infrastructures, databases, and content of any kind (text, images, visuals, music, logos, trademarks, databases, etc.) relating to the Site are also protected by all intellectual property rights or rights of database producers in force, of which COSMO is the sole owner or holder of the rights. All disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, all acts of reproduction, representation, distribution, and use of any of these elements, in whole or in part, without the prior written authorization of COSMO are strictly prohibited and may be subject to legal proceedings.

Any reproduction or representation, in whole or in part, of the Site or its component elements, such as trademarks, logos, graphic charter, layout, information, presentation, and content of the Site, without this list being exhaustive, is prohibited.
Browsing the Site does not imply any transfer of intellectual property rights to the User. COSMO grants the User only a right to access and consult the Site, under the terms and conditions provided in these Terms and Conditions of Sale. 

ARTICLE 13: LIMITATION OF LIABILITY

13.1 COSMO disclaims all liability for damages of any kind whatsoever, resulting in particular from the use of the Site or the Ordering of Products, including damage to the reputation and image of the Client, or loss of data that may occur as a result of the use of the Site.
In the event that COSMO's liability should be established and retained due to damage suffered by the Client and exclusively to COSMO, it is limited to the amount of the Order paid by the Client to COSMO.

13.2. The User acknowledges that their use of the Site is at their own risk. The Site is provided to them "as is" and is accessible without any guarantee of availability or regularity.
COSMO will use its best efforts to make the Site accessible 24 hours a day, seven days a week, except in cases of force majeure or an event beyond COSMO's control and subject to maintenance periods, possible breakdowns, technical hazards related to the nature of the network, or malicious acts or any damage caused to COSMO's hardware or software.

13.3. COSMO cannot under any circumstances be held liable for any interruption of all or part of the Site, regardless of the cause, duration, or frequency of such interruption.

13.4. The Site has the technology necessary to date for its access and use, the presence of possible viruses or other harmful elements, introduced by any means or by any third party, which may produce alterations in the computer systems of the User cannot be excluded.
COSMO offers no guarantee, either explicit or implicit, as to the functioning of the Site, in particular any technical problem that may arise.
COSMO reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, the services or content offered, as well as the right to eliminate, limit, suspend or prohibit access, temporarily or permanently.

13.5. COSMO's liability under the obligations of these Terms and Conditions of Sale cannot be engaged in the event that the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, to the fault of the Client, or to the occurrence of an event of force majeure as defined by French courts and Article 1218 of the Civil Code, or to any other event that was not reasonably under the exclusive control of COSMO.
It is agreed that in the event that COSMO's liability is called into question, regardless of the basis and/or nature of the action, only direct and foreseeable damages are likely to give rise to compensation. Thus, all indirect, consequential and/or accessory damages, such as, for example, commercial disruption, loss of customers, etc., will not give rise to compensation for the benefit of the User.
In any event, COSMO's liability, in the event of damage caused to the Client, for any reason whatsoever, will be expressly limited and may in no case exceed the total amount excluding tax of the Client's Order made within the framework of these Terms and Conditions of Sale.

13.6. The Client undertakes to use the Products in strict compliance with the instructions for use provided by COSMO. Therefore, COSMO cannot be held liable in the event of non-compliant use of the Products by the Client or a third party.

ARTICLE 14: LEGAL GUARANTEE

In accordance with the provisions of the Consumer Code, the Products sold on the Site benefit from legal guarantees, that is to say the guarantee of conformity (articles L.217-4 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code), allowing Customers to return defective and non-compliant Products free of charge.

14.1. Guarantee against hidden defects.

In accordance with articles 1641 and following of the Civil Code, COSMO is bound by the guarantee for hidden defects in the Products sold that make them unfit or significantly affect the use for which they are intended. The Client may bring an action on the basis of a hidden defect within two years from the discovery of the defect. Within the framework of the legal guarantee against hidden defects, COSMO, according to the Client's choice, undertakes, after assessment of the defect, either:
- to reimburse them for the entire price of the Product concerned;
- to reimburse them for part of the price of the Product if the Client decides to keep it.

14.2. Legal guarantee of conformity.

In accordance with articles L.217-4 and following of the Consumer Code, COSMO is required to deliver Products that comply with each Client's Order, namely:
- Products corresponding to the description given by COSMO;
- Products presenting the qualities that the Client can legitimately expect with regard to COSMO's declarations.

The Client may bring an action on the basis of a lack of conformity within two years from the delivery of the Products, it being understood that any lack of conformity appearing within two years from delivery is presumed to have existed at the time of delivery.
Within the framework of the legal guarantee of conformity, COSMO, according to the Client's choice, undertakes, after assessment of the defect, either:
- to reimburse them for the price of the Product concerned; - to exchange the Product for a Product that complies with their Order, if this is possible.

ARTICLE 15: COMPLAINT - INFORMATION

Any complaint or request for information relating to these Terms and Conditions of Sale must be addressed to Customer Service by email to contact@madamedalexis.com 

ARTICLE 16: MISCELLANEOUS PROVISIONS

16.1. Partial Invalidity

If one or more provisions of these Terms and Conditions are held to be invalid or declared as such under any law, regulation, or following a final decision by a competent court, the other provisions shall remain in full force and effect.

16.2. Non-Waiver

The failure by either Party to enforce any of the obligations set out in these Terms and Conditions against the other Party shall not be construed as a waiver of that obligation in the future.

16.3. Mediation

In the event of a dispute relating to an Order, the Customer should first contact COSMO to find an amicable solution. Please contact us by email at contact@madamedalexis.com.
The mediator can only be contacted after the Customer has taken prior written steps with COSMO.

Furthermore, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform to facilitate the independent out-of-court resolution of online disputes between consumers and professionals in the European Union. This platform can be accessed via the following link: https://webgate.ec.europa.eu/odr/.

16.4. Governing Law and Jurisdiction

These Terms and Conditions are governed by French law, unless otherwise required by mandatory provisions.
In the absence of an amicable resolution and whatever the origin of the conflict, disputes relating to the execution or interpretation of these Terms and Conditions shall be submitted to the competent courts of Paris, unless otherwise required by mandatory provisions. For all purposes, it is specified that the time limits for taking legal action are not interrupted during the period in which an amicable solution is sought or mediation is requested.