Terms of sale

These General Terms and Conditions of Sale are entered into between COSMO, a simplified joint-stock company (SAS) with share capital of 851 euros, registered with the Paris Trade and Companies Register under number 902 960 889, whose registered office is at Bureau 46 – 66 avenue des Champs Elysées à PARIS (75008) (hereinafter “COSMO”), and any person who has made a purchase on www.madamedalexis.com, hereinafter referred to as the “Customer”. Any purchase on www.madamedalexis.com (hereinafter the “Site”) automatically entails acceptance of these terms and conditions in full.

 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: means the process by which the Customer selects the Products they wish to purchase and have delivered. An Order is finalised when the Customer has selected the Products they wish to have delivered and the delivery options, and has paid the amount due. Once finalised, the Order is handled by COSMO, which will dispatch the ordered Products in accordance with these Terms and Conditions of Sale.

Contract: means these Terms and Conditions of Sale and any special conditions applicable to certain promotional offers. The Customer therefore waives the right to rely on any conflicting document that contradicts the Contract and would consequently be unenforceable against COSMO.
Personal data: means all personal information relating to the individual Customer that they provide when placing 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 Terms and Conditions of Sale AND VERSION IN FORCE

2.1. The purpose of these Terms and Conditions of Sale 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 Terms and Conditions of Sale, whether he visits the Site or places an Order. The Terms and Conditions of Sale are notified to Users for acceptance prior to any Order on the Site.

2.3. COSMO may amend these Terms and Conditions of Sale at any time and without prior notice, in particular to take account of changes in legislation, case law and/or technology. COSMO will inform the User by any means, and the User must accept the new Terms and Conditions of Sale.

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.

COSMO also endeavours to present and describe its Products as accurately as possible. However, subject to providing an accurate presentation of the essential qualities of its Products, COSMO cannot guarantee that every characteristic of each Product will be described exhaustively. Users who wish to obtain further 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 finalised, COSMO confirms that it is handling the Order by sending the Customer an email to the address provided when the Order was placed.

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 liable for any loss or harm suffered by the Customer or required to pay 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.
Pursuant to Article L. 216-1 of the French Consumer Code, the Parties agree that the Products will be delivered within the timeframes specified during the Product ordering process, with those timeframes specified before the Order is validated. The delivery timeframes are also stated 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 both to accept the Order and to sign any supporting document. Any Order accepted by the Customer against signature will be considered compliant, complete and in perfect condition at the time of delivery.

Failure to collect parcels from collection points

When the parcel is made available at a collection point following an inability to deliver it to the home address, making it available 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 are retained by COSMO and are non-refundable; where delivery was offered free of charge, a flat amount of 15 € including all taxes will be retained by 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 all taxes to cover handling the return, inspection and restocking;
• Any refund for the Products may be issued only after the returned parcel has actually been received at COSMO's premises.

Returned Products must be in exactly the same condition as when originally dispatched : 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 www.madamedalexis.com using a Visa, Mastercard, Maestro or American Express bank card, Apple Pay or PayPal, through one of the secure payment platforms, namely STRIPE or SHOPIFY PAYMENTS.

The payment methods are specific to the platform of the payment service provider STRIPE and SHOPIFY PAYMENTS, 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 PAYMENTS payment solution are governed by the General Terms and Conditions of Use of this service, accessible at https://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 PAYMENTS 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 PAYMENTS, accessible at the aforementioned addresses. These are subject to modifications by STRIPE and SHOPIFY PAYMENTS only. Under no circumstances can COSMO modify the General Terms and Conditions of Use of STRIPE and SHOPIFY PAYMENTS, 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 supporting material allowing the Order in question and its holder to be identified.

The Customer is responsible for return shipping costs. The Product is returned at the Customer’s own risk: we recommend using a tracked shipping method. If the package is lost, stolen, or damaged during return shipping, COSMO reserves the right to refuse a refund for the returned Product(s).

The refund is made to the original payment method within a maximum of 14 days from receipt and verification of the returned Product. The original shipping costs are not refunded.

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 à PARIS (75008), or contact us by email at contact@madamedalexis.com. COSMO may ask the User to prove their identity by enclosing any necessary document with the request, 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 1 year for all Products offered on the Site. Vouchers cannot be combined with one another or with promotional codes. 

ARTICLE 11: PROMOTIONAL CODES

Promotional codes apply only to undiscounted base prices. Promotional codes cannot be combined with one another or with vouchers. Promotional codes may be used 1 time per Customer account unless COSMO states otherwise. These codes are non-refundable in the event of an 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 can be issued, 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 Customer, or loss of data that may occur as a result of the use of the Site.
If COSMO is found liable for loss or harm suffered by the Customer and attributable exclusively to COSMO, its liability is limited to the amount of the Order paid by the Customer 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 out of 24, seven days a week, except in the event of force majeure or an event beyond COSMO's control, and subject to maintenance periods, possible breakdowns, technical issues inherent in the network, malicious acts or any damage 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 uses the technology currently required for access and use. However, the presence of viruses or other harmful elements, introduced by any means or by any third party and capable of altering the User's computer systems, cannot be ruled out.
COSMO gives no express or implied warranty regarding the operation of the Site, including any technical problems 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 cannot be held liable under these Terms and Conditions of Sale where its failure to perform its obligations is attributable to the actions of a third party, even if foreseeable, to the Customer's fault, to an event of force majeure as defined by the French courts and Article 1218 of the French Civil Code, or to any other event that was not reasonably within COSMO's exclusive control.
It is agreed that if COSMO's liability is invoked, regardless of the basis and/or nature of the action, only direct and foreseeable loss or harm may give rise to compensation. Accordingly, indirect, consequential and/or incidental losses, such as business disruption or loss of customers, will not entitle the User to compensation.
In any event, COSMO's liability, in the event of damage caused to the Customer, for any reason whatsoever, will be expressly limited and may in no case exceed the total amount excluding tax of the Customer's Order made within the framework of these Terms and Conditions of Sale.

13.6. The Customer 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 Customer 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 Customer 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 Customer'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 Customer 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 Customer's Order, namely:
- Products corresponding to the description given by COSMO;
- Products presenting the qualities that the Customer can legitimately expect with regard to COSMO's declarations.

The Customer 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 deemed to have existed at the time of delivery.
Within the framework of the legal guarantee of conformity, COSMO, according to the Customer'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 must 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.