General Provisions

This site is published and operated by the company COSYDAR, a limited liability company (EURL) with a share capital of €10,000
Registered office: 8 rue Minjongo, 64200 Biarritz – France
Registered under number 799 628 904 R.C.S. Bayonne
Intracommunity VAT number: FR 94 799628904
SIRET: 79962890400051
NAF-APE Code: 4690Z
Manager: Yasmina El Omari Jaulin

Purpose and Scope

The company COSYDAR, specializing in the creation, production, distribution, and online sale of decorative accessories, is the publisher of the website www.cosydar-deco.com. These General Terms and Conditions of Sale govern the purchase methods for products offered by COSYDAR via its website. They apply to all orders placed on the Site, to the exclusion of any other conditions.

Definitions

In these General Terms and Conditions of Sale, words or expressions beginning with a capital letter have the following meaning:

Customer: refers to any natural or legal person who purchases a Product on the Site.
General Terms and Conditions of Sale: refers to this document and its potential annexes.
Party/Parties: refers individually to the Customer or the Company and collectively to the Customer and the Company.
Product(s): refers to all decorative items offered for sale on the Site.
Site: refers to the website www.cosydar-deco.com, of which the Company is the owner and publisher.
Company: refers to the company COSYDAR.

Acceptance of General Terms and Conditions of Sale

Any order for Products implies the prior, express, and unreserved acceptance of these General Terms and Conditions of Sale by the Customer, under the conditions provided for in the "Orders" article.

Products

The Company offers for sale online, through the Site:
– a selection of Products from the Cosydar-Deco brand, “The fair place to be…”;
– a selection of Products from partner brands.

The Company reserves the right to modify these selections at any time, subject to availability. In the event of a stock shortage for an ordered Product, the Company shall notify the Customer as soon as possible. The Parties then agree together on:
(i) the delivery of a Product with similar characteristics, subject to a price adjustment based on the replacement product, with the Customer's agreement;
(ii) or the shipment of the order without the relevant Product, with the Customer's choice of a credit note valid for one year or a refund for said Product within a maximum period of fourteen (14) days.

The characteristics of each Product are detailed on its page. The Products are presented by means of photographs and visuals, without the Company being able to guarantee an exact rendering of tones and colors. As the Products are handcrafted, slight variations in shape, dimensions, or shade may exist from one piece to another; they form the unique character of each piece.

The Products comply with applicable French and European standards.

Orders

Any purchase of a Product implies:
– the selection of a Product and its addition to the cart;
– validation of the cart, after the Customer has reviewed the summary of their order;
– identification of the Customer, by logging into their account or entering their information (e-mail, last name, first name, company if applicable, address, telephone);
– validation of the delivery and billing addresses, then the choice of delivery method, the cost of which is indicated before payment;
– acceptance of these General Terms and Conditions of Sale and payment for the order by one of the methods offered: bank card (CB, Visa, Mastercard or American Express), Apple Pay, Shop Pay, PayPal, or PayPal in 4 interest-free installments.

A minimum order amount may apply depending on the destination; it is indicated on the "Delivery and shipping" page and before payment.

Order Confirmation

Once payment has been made, the Customer receives an automatic confirmation by email to the address provided during their order. This confirmation summarizes the Products ordered, confirms the registration of the order, and indicates its status.

Final Validation of Orders

The Company reserves the right not to process an order:
– in the event of payment difficulties reported by the banking institution;
– in the event of an abnormal request regarding its content, frequency, or intent;
– more generally, in the presence of legitimate grounds.

In this case, the Customer is informed by email. They are not charged or are refunded as soon as possible, using the same payment method used for the order.

Price and Payment

Price
Product prices are indicated in euros, including all taxes at the current VAT rate. They do not include delivery costs, which are indicated to the Customer before the order is validated. The Company reserves the right to modify its prices at any time; the applicable price is the one displayed when the order is validated.

Payment
Products are paid for using secure payment services: bank card (CB, Visa, Mastercard, American Express), Apple Pay, Shop Pay, PayPal, or PayPal in 4 interest-free installments. Payment is due upon ordering.

Delivery

Delivery zones, methods, and costs
The Company delivers to mainland France, the European Union, the United Kingdom, and Switzerland. Delivery methods, rates, lead times, any geographical surcharges, and minimum order amounts are detailed on the "Delivery and shipping" page of the Site and are indicated to the Customer before the order is validated.

Lead times
Orders are shipped within 1 to 3 business days after receipt of payment. Transport times are indicative and run from the date of shipment. In the absence of an indication, delivery occurs no later than thirty (30) days after the conclusion of the contract, in accordance with Article L. 216-1 of the Consumer Code.

Procedures
Products are delivered to the address indicated by the Customer, at the doorstep (at the bottom of the building or in front of the address entrance). The Customer is informed of the delivery by email and SMS and can, depending on the options offered by the carrier, change the date, address, or choose a pick-up point. Bulky items are delivered by appointment, without being carried upstairs or installed.

Incorrect address or uncollected parcel
If the parcel is returned to the Company due to an incorrect or incomplete address, or because the Customer failed to receive or collect it, the re-shipment costs are at the Customer's expense.

Transfer of risks
In accordance with Article L. 216-4 of the Consumer Code, the transfer of risks occurs when the Customer, or a third party designated by them, takes physical possession of the Products.

Receipt of Products

The Customer is invited to check the condition of their parcel upon receipt and to report any anomaly (damaged parcel, missing or damaged Product) as soon as possible, ideally within 48 hours, by email to contact@cosydar-deco.com, by attaching photos of the parcel and the Products. This prompt reporting allows the Company to exercise its recourse against the carrier; it does not deprive the Customer of their rights under the legal guarantee of conformity.

Retention of Title

The Company retains full ownership of the sold Products until the price has been paid in full by the Customer.

Right of Withdrawal

In accordance with Articles L. 221-18 and following of the Consumer Code, the consumer Customer, as well as the professional Customer when the purchase does not fall within the scope of their main activity and they employ five employees or fewer, has a period of fourteen (14) days from the day after receipt of the Products to exercise their right of withdrawal, without having to provide reasons.

For an order of several Products delivered separately, or of a Product delivered in several parts, the period runs from the receipt of the last Product or the last part. If this period expires on a Saturday, Sunday, or public holiday, it is extended to the next business day.

The Customer informs the Company of their decision by email to contact@cosydar-deco.com or via the Site's contact form, indicating their name, first name, telephone, email, the Products concerned, and their date of receipt.

Products must be returned complete, in adequate packaging ensuring their good condition, to the address indicated by the Company, no later than fourteen (14) days after the notification of the withdrawal. Return costs are at the Customer's expense.

In accordance with Article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for Products made to the Customer's specifications or clearly personalized (notably custom-made items).

Legal guarantees of conformity and hidden defects

In accordance with Articles L. 217-3 and following of the Consumer Code, the Company is required to deliver goods that comply with the contract and is liable for defects in conformity existing at the time of delivery and appearing within a period of two (2) years from then. The Customer may obtain the repair or replacement of the Product or, failing that, a price reduction or cancellation of the sale.

The Customer may also invoke the guarantee against hidden defects provided for in Articles 1641 and following of the Civil Code, within a period of two (2) years from the discovery of the defect. They can then choose between the cancellation of the sale or a price reduction, in accordance with Article 1644 of the Civil Code.

The Product concerned must be returned in adequate packaging. Return costs are then covered by the Company.

Refusal of delivery and cancellation after shipment

In the event of a refusal to accept a Product by the Customer from the carrier, without legitimate grounds (excluding the exercise of the right of withdrawal, the legal guarantee of conformity, or the guarantee against hidden defects), the outbound delivery costs and the costs of returning the Product to the Company remain at the Customer's expense. The Company will refund the price of the Products, minus these costs, upon receipt of the returned Products.

Similarly, if the Customer requests the cancellation of their order after it has been shipped, the outbound and return delivery costs remain at their expense and are deducted from the refund.

Refund

Right of Withdrawal
In the event of the exercise of the right of withdrawal, the Company will refund the consumer Customer for all sums paid, including initial delivery costs, up to the cost of the cheapest standard delivery offered by the Company. Return shipping costs for the Products remain at the Customer's expense, in accordance with Article L. 221-23 of the Consumer Code.

The refund is made no later than fourteen (14) days following the date on which the Company is informed of the Customer's decision to withdraw. The Company may defer the refund until the Products are recovered or until the Customer has provided proof of their shipment, whichever occurs first.

The refund is made using the same payment method used by the Customer for the initial transaction, unless the Customer expressly agrees to another method.

The Company may withhold an amount corresponding to the depreciation of the Products resulting from handling other than that necessary to establish their nature, characteristics, and proper functioning.

Legal Guarantees
In the event of the implementation of the legal guarantee of conformity or the guarantee against hidden defects resulting in a refund, the Company will refund the Customer the price of the Product as well as the delivery and return costs.

Customer Obligations

The Customer undertakes to provide accurate information about themselves and must have the legal capacity to place an order. During an online payment, they certify that they are fully authorized to use the chosen payment method.

Company Obligations

The Company strives to provide reliable and high-quality information about the Products on the Site. Before any shipment, it checks the conformity of the Products with the Customer's order.

Exclusion of guarantees

The guarantees do not cover defects or damage resulting from abnormal use or use of the Products not in accordance with their intended purpose, nor from a lack of maintenance.

Modification of General Terms and Conditions of Sale

The applicable General Terms and Conditions of Sale are those in force on the date the order is validated by the Customer. The Company reserves the right to modify them at any time; new conditions are published on the Site as soon as they come into force.

Intellectual Property

All elements of the Site (texts, images, graphics, logos, icons, etc.) are protected by intellectual property law and belong to the Company or its partners. Any reproduction, representation, modification, or adaptation, total or partial, by any means whatsoever, is prohibited without the prior express agreement of the Company.

Personal Data

The Company processes its Customers' personal data in accordance with the General Data Protection Regulation (GDPR) and Law No. 78-17 of January 6, 1978, as amended, primarily for order management, invoicing, and, with their consent, the sending of commercial information. This data may be transmitted to partners in charge of the execution, delivery, and payment of orders, who provide sufficient guarantees regarding data protection.

The Customer has the right to access, rectify, erase, object to, limit, and transfer their data, which they may exercise by email to contact@cosydar-deco.com or by mail to COSYDAR, 8 rue Minjongo, 64200 Biarritz, France. They may also file a complaint with the CNIL (www.cnil.fr). They may unsubscribe from commercial communications at any time via the link present in each email.

Liability

The Company's liability can only be incurred in the event of proven fault on its part, without prejudice to the rights of the consumer Customer under legal guarantees.

Force Majeure

In accordance with Article 1218 of the Civil Code, the Company cannot be held liable for any failure or delay in performance due to a case of force majeure, including epidemics, bad weather, natural disasters, strikes, or accidents.

Miscellaneous

The fact that the Company does not avail itself of any of the provisions hereof at a given time does not constitute a waiver of the right to do so subsequently. The invalidity of any of the stipulations hereof does not affect the validity of the others.

Customer Service

The Company's customer service can be reached:
– by email: contact@cosydar-deco.com;
– via the contact form on the Site;
– by phone or WhatsApp: +33 6 18 33 32 35.

Amicable settlement of disputes and mediation

Any complaint must first be addressed to the Company's customer service. In accordance with the provisions of the Consumer Code regarding "the consumer dispute mediation process," after having contacted the Company and in the absence of a satisfactory response, the consumer Customer has the possibility of using a consumer mediation procedure free of charge with:

CM2C
49 rue de Ponthieu
75008 Paris
Tel: 01 89 47 00 14
Website: https://www.cm2c.net/declarer-un-litige.php
Email: litiges@cm2c.net

Applicable law and competent jurisdiction

These General Terms and Conditions of Sale are subject to French law. For Customers acting in the course of their professional activity, the Commercial Court of Bayonne has exclusive jurisdiction in the absence of an amicable agreement. For consumer Customers, any dispute falls under the jurisdiction of the courts territorially competent in accordance with general law rules.

French version and foreign versions

These General Terms and Conditions of Sale are written in French. In case of contradiction, the French version prevails over any version written in another language.