Terms and Conditions of Sale

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COSMOSOFT, Société par actions simplifiée (simplified joint stock company)

Capital:€435,000 – Trade & Companies Register of Paris, Reg. No.: B 441 011 988
Registered office:26, rue d’Armaillé – 75017 PARIS – France.
Telephone:+33 (0)1 47 15 25 25
EU VAT number: FR 14 441 011 988

Recitals

These terms and conditions of sale (hereinafter, “T&C”) apply to all orders submitted remotely by a consumer to the seller, COSMOSOFT, for all articles offered on the website https://www.mycosmosoft.com(hereinafter the “Website”).

The term “consumer” refers to “any individual acting for purposes that are outside their trade, business, craft or profession”.

The purchaser is automatically advised of the T&C when submitting an order, and they are also available throughout the website navigation process.

The applicable T&C are those in force on the date of the order validation. Consequently, submitting an order implies the purchaser’s full acceptance, without reservations, of the terms defined in these T&C, without such acceptance being conditional on the purchaser’s handwritten signature. It is also specified that the purchaser is authorised to save or print the T&C.

ARTICLE 1 – PRODUCTS

1.1. In accordance with Article L.111-1 of the French Consumer Code, the purchaser is able, prior to making an online order, to find out from the Website about the key features of the product(s) they wish to order.

1.2. The products featured on the Website are valid while stocks last and subject to availability.

1.3. The purchaser is informed that this Website is not intended to provide medical and/or paramedical advice. All information provided on the Website is for information only. COSMOSOFT does not guarantee that the information accessible via its website is complete and up-to-date. This information, which is not exhaustive, does not constitute advice of any kind and should not replace the opinion of a professional. The information may be changed at any time and without notice.

1.4. COSMOSOFT reserves the right to change the products available for sale on the Website at any time.

ARTICLE 2 – PRICES

2.1. The prices guaranteed to the purchaser are those displayed on the Website when the order is submitted by the purchaser. However, prices may be changed by COSMOSOFT at any time. The purchaser will be advised of these changes prior to any order submitted via the Website.

2.2. All prices are indicated in euros including VAT and/or any other tax applicable as of the date of the purchaser’s order. Any change to the applicable rate will be automatically reflected in the price of the products sold on the Website.

2.3. The prices indicated do not include shipping costs, which will be invoiced in addition to the price of the purchased products. Delivery is free for all orders over one hundred (100) euros.. For orders under one hundred (100) euros, a delivery charge of fifteen (15) euros will be applied. These charges are indicated in the order summary displayed prior to the submission and validation of the order by the purchaser.

ARTICLE 3 – ORDER PROCESS

3.1. All orders imply the full acceptance of these T&C by the purchaser. The purchaser will be asked to validate them prior to the last step of the order process on the Website.

3.2. The purchaser selects the desired product by adding it to their basket. The basket constitutes the purchaser’s purchase order, the details of which may be checked and amended by the purchaser at any time via the “My Basket” tab.

3.3. Once the order is complete, an order summary is displayed and the purchaser has the option to amend their order or to validate it. Once the order has been validated, the purchaser enters the necessary invoicing and delivery information for the items. The information submitted by the purchaser is binding upon the latter. In the event of any error in the delivery details, the Website and COSMOSOFT may not be held liable for the non-delivery of the product(s).

ARTICLE 4 – PAYMENT

4.1. Payment of the full price is due upon ordering. By validating their order, the purchaser acknowledges that it is an order with an obligation of payment.

4.2. Payment may be made directly via the Website, using a Carte Bleue, Visa, MasterCard or American Express credit/debit card.
4.3. Once the payment has been made, the purchaser’s order is automatically validated and constitutes an irrevocable commitment binding upon the purchaser; this commitment may only be challenged in the limited cases provided for by law and in these T&C.

ARTICLE 5 – CONFIRMATION OF THE ORDER

5.1. COSMOSOFT will send confirmation of the purchaser’s order by email to the email address provided by the purchaser during the order process on the Website. COSMOSOFT may under no circumstances be held liable for errors made in the provision of this address by the purchaser.

5.2. COSMOSOFT reserves the right not to confirm an order for any reason whatsoever (including in the event of a problem relating to the order received or a problem with the supply of items). It has five (5) working days in which to advise the purchaser that it cannot fulfil the order and to ask the purchaser to amend or cancel the order.

5.3. Under the legal provisions in force, when an order is for an amount equal or over €120, COSMOSOFT keeps a written record of the contract electronically concluded between the itself and the purchaser, from conclusion of the contract until the date of delivery and for 10 years after that date. The purchaser has the right to access this document upon request, by emailing adv@biostimology.com with proof of identity. However, COSMOSOFT recommends that the purchaser should retain a printed or digital copy of the order confirmation sent by COSMOSOFT.

ARTICLE 6 – DELIVERY ZONES AND LEAD TIMES

6.1. Any order made via the Website is deliverable within mainland France.

6.2. Delivery of the purchaser’s order will be made by a shipping company of COSMOSOFT’s choice. Delivery is made by direct handover of the product to the addressee specified by the purchaser, and the identified addressee’s signature is required to confirm receipt of all deliveries. The addressee must, in all cases, make sure that the parcel and the contents thereof are in good condition before signing the delivery slip. Any dispute relating to the shipment must be indicated by the purchaser on the delivery slip to the delivery company within twenty-four (24) hours. This written record from the delivery company is required in the event of any request for exchange or refund.

6.3. Delivery lead times are around 10 days from receipt of payment and subject to stock availability, and may not exceed the legal limit of 30 days from conclusion of the sale.

In the event of an extraordinary stock outage, the purchaser shall be advised by email or telephone. COSMOSOFT shall offer the purchaser the option either to delay delivery of their whole order until the product in question comes back into stock, or to cancel their order and receive a full refund.

6.4. In accordance with the laws in force, COSMOSOFT is responsible for all articles sold until their delivery. However, COSMOSOFT (as a professional) may be exempt from all or part of its responsibility by providing proof that the non-performance or poor-performance of the contract is due either to the consumer, to the unforeseeable and insurmountable action of a third party to the contract, or to a situation of force majeure as defined by Article 1218 of the French Civil Code.

6.5. All risk of loss or damage to the products is transferred to the purchaser when they or a third party named by them, and with the exception of COSMOSOFT’s chosen delivery company, take physical possession of these products.

ARTICLE 7 – WARRANTY – AFTER SALES SERVICES

7.1. General Provisions

A) COSMOSOFT is bound by the two (2) year legal warranty of conformity mentioned in Articles L. 217-4 to L. 217-13 of the French Consumer Code and by the two (2) year warranty relating to defects in purchased items, under the terms set out in Articles 1641 to 1648 and 2232 of the French Civil Code.

The purchaser may make claims under these two warranties to: COSMOSOFT, 26 rue d’Armaillé, 75017 Paris (France).

In accordance with the laws in force, the purchaser is advised that:

– they have two (2) years from delivery of the item to make a claim; – they may choose between the repair or the replacement of the item, subject to the cost-related conditions set out in Article L217-9 of the French Consumer Code;

– they are exempt from having to provide proof of the item’s lack of conformity during the 24 months following delivery of the item.

– the legal warranty of conformity applies independently of COSMOSOFT’s commercial warranty, with COSMOSOFT therefore remaining bound by the warranties of conformity and that on hidden defects.

– they may decide to make a claim under the warranty on hidden defects and may then choose between the cancellation of the sale or a reduction in the sale price.

Extracts from the French Consumer Code

Article L217-4 of the French Consumer Code

“The seller shall deliver goods that comply with the contract and is liable for any conformity defects that exist at the time of delivery. It is also liable for any conformity defects resulting from the packaging, assembly instructions or installation where it is responsible for these under the contract or they have been performed under its responsibility”.

Article L. 217-5 of the French Consumer Code

“In order to comply with the contract, the goods must:

1/ Be fit for the purpose usually expected of such goods and, where applicable:

– correspond to the description provided by the seller and possess the qualities that the seller has presented to the purchaser in the form of a sample or model;
– possess the qualities that a purchaser may legitimately expect given the public declarations made by the seller, manufacturer or their representative, particularly in advertising or on the labelling;

2/ Or present the characteristics jointly defined by the parties or be fit for any special purposes sought by the purchaser, brought to the attention of the seller and accepted by the latter”.

Article L217-9 of the French Consumer Code

In the event of non-conformity, the purchaser may choose between the repair and the replacement of the item. However, the seller may decide not to proceed as per the purchaser’s choice if this choice involves a cost that is manifestly disproportionate compared with the other option, given the value of the goods or the size of the defect. It must then proceed, if possible, with the option not chosen by the purchaser.

Article L. 217-12 of the French Consumer Code

“Claims resulting from conformity defects must be made within two years of delivery of the item”.

Article L217-16 of the French Consumer Code

Where the purchaser asks the seller, during the period of the commercial warranty provided by the seller upon the purchase or repair of a moveable asset, for a repair under the terms of the warranty, and where the product is out of use for at least seven days, this period shall be added to the remaining warranty period. This period shall be calculated from the date on which the purchaser submits its request or on which the product in question is provided for repair, if later.

Extracts from the French Civil Code

Article 1641 of the French Civil Code

“The seller is bound by a warranty on hidden defects in the goods sold which render them unfit for their intended use, or which impair that use to such an extent that the purchaser would not have bought them, or would have paid a lower price for them, had he or she been aware of the defects”

Article 1648 of the French Civil Code

Paragraph 1: “Claims resulting from hidden defects must be made by the purchaser within two years of discovery of the defects”.

B) The conformity defect is assumed to exist at the time of the sale (more specifically, at the time of the product’s delivery) if it appears within 24 months from delivery.

7.2. Warranty on COSMOSOFT devices

COSMOSOFT warrants that the product is, at the time of its original purchase, free of any material, design or manufacturing defect subject to the following provisions and conditions:

A) The warranty is given to the purchaser. It in no way limits the purchaser’s rights under the imperative provisions of applicable national law.

B) The warranty is valid provided that the purchaser provides an original proof of purchase along with the product, such as the invoice and proof of credit card payment if the purchase was made online. The proof of purchase must contain the date of the purchase, the specific name of the Product and, where applicable, the series number. COSMOSOFT reserves the right to freely refuse the warranty in the event that the documents mentioned above cannot be presented or that the information required is incomplete or illegible.

C) The warranty is only valid if the product is being use for private purposes. It does not apply if the product is being used for professional purposes or is being leased on a commercial basis.

D) The legal warranty period is two (2) years maximum from the delivery of the BodySculptor Move or FaceSculptor Lift device to the purchaser.

E) During the warranty period, COSMOSOFT will either repair or replace, at its discretion, the defective product free of charge and subject to availability. COSMOSOFT will return the repaired product or a replacement product to the purchaser in a good working order. All parts or other materials that have been replaced will become the property of COSMOSOFT.

F) The warranty period for a repaired or replaced product will not be extended or renewed.

G) The warranty applies to defects that occur during the use of the product in accordance with the user manual.

It does not cover the maintenance, repair or replacement of parts due to the normal wear and tear or ageing of the product. In addition, the warranty specifically does not apply where:

a) the defect has been caused by the fact that the product has been subjected: to use contrary to the user manual, to rough handling, to exposure to excessive humidity, to extreme thermal or environmental conditions or to rapid changes in these conditions, to exposure to corrosion, oxidation or to unauthorised modifications or connections, to repairs made by unauthorised repairers or by the purchaser him- or herself, to repairs made with unauthorised spare parts, to misuse, to an unsuitable electrical power source, to incorrect installation, to an accident, to forces of nature, to contact with liquid, to the action of chemical products or to all acts reasonably beyond the control of COSMOSOFT;

b) COSMOSOFT has not been informed by the Purchaser of the defect within thirty (30) days following the appearance of the defect during the warranty period;

c) the product has not been returned to COSMOSOFT within sixty (60) days of the appearance of the defect during the warranty period;

d) the product’s series number or any other identification number has been deleted, erased, damaged, altered or is no longer legible;

e) the defect results from the fact that the products has been used with an accessory that is not manufactured or provided by COSMOSOFT.

H) The purchaser must return the product in its original packaging. COSMOSOFT assumes no liability for damage to the product caused by its transportation in inappropriate packaging. COSMOSOFT reserves the right to ask the purchaser for a fixed-rate contribution towards the product’s shipping cost.

I) The warranty constitutes the purchaser’s sole and exclusive recourse against COSMOSOFT and the COSMOSOFT’s sole and exclusive liability towards the purchaser for the product’s defects. The warranty replaces any other warranty or liability, whether verbal, written, legal, contractual, quasi-delict or other. COSMOSOFT is not liable for any incidental, consequential or indirect damages or costs.

J) In accordance with the provisions of Article L111-4 of the French Consumer Code, the purchaser is advised that the spare parts required for the use of COSMOSOFT devices are available on the market for a period of three (3) years.

7.3. Warranty for other products sold on the Website

All our products are guaranteed against any manufacturing defect. Defective products must be returned at the purchaser’s cost for review to determine the validity of the claim. In order to make a claim under the product warranty, the invoice for the purchase of the product must be retained. In the event of a confirmed defect(s), the product will be replaced or the purchaser refunded, upon request and subject to availability. If a refund needs to be made, it will be done within thirty (30) days of receipt of the returned product from the purchaser. The return costs may then be refunded upon proof of dispatch costs.

The purchaser is automatically covered by the legal warranty on hidden defects, as defined in the aforementioned Articles 1641 and following of the French Civil Code.

ARTICLE 8 – RIGHT OF CANCELLATION

8.1. In accordance with the legal provisions in force, the purchaser has a period of fourteen (14) clear days from receipt of the products to exercise their right of cancellation with COSMOSOFT without having to give a reason or pay any penalty, with the exception, where applicable, of return costs (for which the purchaser is responsible). The purchaser may also exercise their right of cancellation from conclusion of the contract.

If the fourteen day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

The purchaser may exercise their right of cancellation by contacting COSMOSOFT via the online “Customer Service” form or by emailing adv@biostimology.com

COSMOSOFT will then confirm receipt of the purchaser’s request to exercise their right of cancellation by email, as soon as possible.

Following this email, the purchaser has fourteen (14) days from their unequivocal notice of cancellation to return the product, at their expense, to COSMOSOFT, at the following address: COSMOSOFT – Rue de la Gare – Bâtiment 5 – CD 155 – 78890 GARANCIÈRES.

Should the purchaser fail to return the product(s) within this time period, they will be considered to have waived this right of cancellation.

COSMOSOFT does not accept parcels sent carriage forward or cash on delivery.

In order to avoid any dispute, it is recommended that a purchaser exercising their right of cancellation returns the product or products in similar conditions to those of the initial dispatch, with a stated value corresponding to the price of the initial order, and that the purchaser retains proof of dispatch until the full refund of their order.

8.2. If a purchaser exercises their right of cancellation, COSMOSOFT undertakes to refund the purchaser for all sums paid (including standard delivery charges) as soon as possible and no later than fourteen (14) days from the date on which the purchaser informed COSMOSOFT of their intention to cancel, provided that COSMOSOFT has received the returned product(s) or that the purchaser has provided COSMOSOFT with a proof of dispatch for the product(s).

COSMOSOFT is not obliged to refund any additional costs if the purchaser expressly selected a more costly method of delivery than the standard delivery offered by COSMOSOFT.

The refund will be made via the same payment method used by the purchaser to pay for their purchase, unless the purchaser has given express authorisation to be refunded via another method and provided that this does not result in additional costs for the purchaser.

COSMOSOFT devices that are returned by the purchaser must not have been used (for hygiene reasons) or have been damaged in the slightest way, and must be perfectly clean.

The purchaser is advised that there is no right of cancellation for OSMOSCULPT cosmetic products. Opening these products makes them unfit for subsequent sale and, as such, they can be neither refunded, returned or replaced, for reasons of hygiene and health protection.

ARTICLE 9 – PERSONAL DATA

9.1. The purchaser accepts that personal data about them, collected by COSMOSOFT during the Website order process (surname, first name, postal address, email address, telephone number, bank details), will be processed by automated or non-automated means (if these personal data are contained or intended to be contained in a file).

The purchaser may revoke their agreement and withdraw their consent at any time.

Personal data about the purchaser are intended for the use of COSMOSOFT and its subcontractors as defined in Article 28 of the GDPR, respectively subject to national and European provisions on the protection of personal data.

These data will be stored for as long as is required for the processes for which they were collected, and for three years after the end of contractual relations or the final contact.

Information sent directly to COSMOSOFT by the purchaser further to any order submitted via the Website may be reused by COSMOSOFT for the purposes of commercial prospecting.

9.2. For the purposes of online payment, the Website uses the STRIPE secure payment system to guarantee maximum security for its customers. This system is secure and reliable for transactions made over the Internet. No third party has access to the confidential information relating to the payment. As such, the bank details of any member wishing to make purchases by debit or credit card will be required for each new order. In any case, and further to an online payment made via the Website, COSMOSOFT does not store or collect the confidential bank details of its customers. Only the partner financial services company Stripe stores the card numbers. Stripe has the most effective fraud monitoring, warning and blocking modules on the market, protecting all confidential data associated with the payment method.
9.3. In accordance with the provisions of the French Data Protection Law of 6 January 1978, revised, and with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection, the purchaser has the right of opposition, limitation, access, rectification, portability and deletion over their personal data.

If processed information is erroneous or incomplete, the purchaser may request for it to be corrected, completed or removed by contacting the department indicated below.
The purchaser may also communicate their instructions on how they would like their rights to be exercised after their death.

If the purchaser’s telephone details are collected by COSMOSOFT, for example in the context of a contract of sale agreed via the Website, the purchaser may ask COSMOSOFT to ensure that their telephone number is on an objection list so that they do not receive commercial prospecting calls by telephone.

To exercise their rights, the purchaser may submit a request via:

– the “Customer Service” section of the Website;
– email to adv@biostimology.com
In accordance with the aforementioned regulations in force, all requests must be signed and accompanied by a photocopy of a valid identity document and specify the address to which the data controller must respond. A response will then be sent within one (1) month of receipt of the request.

The purchaser is also able to make a complaint via the French Data Protection Agency (CNIL).

ARTICLE 10 – APPLICABLE LAW AND COMPETENT COURT

10.1. These T&C are governed by French law, which will be the only one applicable. These T&C are drafted in French. If they are translated into one or more other languages, only the French text shall have legal force in the event of a dispute.

10.2. All complaints should be communicated to COSMOSOFT in writing at the address COSMOSOFT SAS – 26 rue d’Armaillé – 75017 Paris.

If no amicable solution can be reached, the purchaser may use a free-of-charge mediation procedure (unless they wish to seek assistance from a lawyer) or any other method of dispute resolution.

COSMOSOFT proposes the use of the mediation system provided by the Centre de Médiation et d’Arbitrage de Paris, which the Customer may access via the website form at CMAP (www.cmap.fr), by email (consommation@cmap.fr) or by letter (CMAP – Service Médiation de la consommation, 39, avenue F.D. Roosevelt, 75008 PARIS).

All claims must contain the following information to ensure they are handled promptly: the purchaser’s postal address, email address and telephone number, the full names and address of COSMOSOFT, a brief summary of the facts, and evidence of the preliminary steps taken with COSMOSOFT.

The mediation procedure is not mandatory for the parties, who remain free to refer their dispute to the competent French courts in accordance with the rules contained in the French Code of Civil Procedure.

ARTICLE 11 – MISCELLANEOUS

11.1. A purchaser who wishes to submit an order via the Website declares that they have full legal capacity to do so. However, any purchase made on the Website by a person deemed legally incompetent under the French Civil Code falls under the responsibility of their legal representative.

11.2. Should one or more of the provisions of these T&C be considered invalid, unlawful or null, or be declared such in accordance with a law, regulation or the final decision of a competent court, the other provisions of the T&C shall retain their full force and scope.

11.3. COSMOSOFT has a Customer Service team available to respond to any questions or comments the purchaser may have when using the Website and to provide the advice on the sale of the products available on the Website. The Customer Service team can be contact:

• By email: “Customer Service” section or at adv@biostimology.com
• By telephone: on +33 (0)1 47 15 25 25

Version dated 05/11/2021