General provisions

This website is published and distributed by S'M.Art EURL with a capital of €10,000
Registered office: 12 rue Condorcet, 66750 Saint-Cyprien - France
Registered with the Perpignan Trade and Companies Register under number 799628904RCS
Intra-community VAT number: FR 94 799628904
SIRET: 79962890400044
NAF-APE code: 4690Z
Manager: Yasmina El Omari Jaulin

Purpose and Scope

S'M.Art EURL, a company 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 terms of purchase of products offered by COSYDAR-DECO through its website.

Orders

Customers can order decorative products through the website www.cosydar.deco.com. Orders are subject to product availability and acceptance of these General Terms and Conditions of Sale.

Definitions

In these general terms and conditions of sale, words or expressions beginning with a capital letter shall have the following meanings:

Client: refers to any person (natural or legal) who purchases a Product sold on the Site, in the capacity of a consumer, under the conditions agreed herein.

General Terms and Conditions of Sale: refers to this document and any annexes thereto.

Party(ies): refers individually to the Client or the Company and collectively to the Client and the Company.

Product(s): refers to all designer decorative items offered for sale on the Site.

Site: refers to the website www.cosydar-deco.com, owned and published by S'M.Art EURL.

Company: refers to the company S'M.Art EURL

Object

These General Terms and Conditions of Sale are intended, in particular, to detail their scope of application and the conditions of their acceptance. They also detail the conditions under which the Products are sold on the Website. Furthermore, they specify the ordering and payment procedures for these Products, as well as the conditions for their delivery, receipt, return, and refund. They also address the Company's limitation of liability.

Scope of Application of the General Terms and Conditions of Sale

The Parties agree that their relationship is governed by these General Terms and Conditions of Sale, to the exclusion of any terms previously available on the Website. These General Terms and Conditions of Sale apply to all orders for Products offered by the Company, placed through the Website.

Acceptance of the 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 set out in the article "Orders"

Product :

The Company offers the following for online sale through the Website:

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. Furthermore, these selections are valid while supplies last. Therefore, if an ordered Product is out of stock (temporarily or permanently), the Company will notify the Customer as soon as possible. The Parties will agree:

(i) delivery of a Product offering similar characteristics to the Product initially ordered, subject to an increase/decrease in the initial selling price, depending on the price of the replacement Product;

(ii) to ship the order, without the Product concerned, offering a credit note valid for one year (for the amount of the out-of-stock Product) or a refund for said Product (within a maximum period of fourteen (14) days).

The specifications of each Product are detailed on its specific product page. The Customer agrees to read them carefully before placing an order on the Site. Products shipped conform to the specifications displayed on the Site.

The Products are also presented visually by means of photographs and graphics, without the Company being able to guarantee in particular the exact rendering of the tones and colours of the Products in relation to the visuals displayed on the Site.

The Products offered for sale by the Company comply with the applicable French and European standards in force.

Orders

Any purchase of a Product implies:

selecting a Product to add to the Customer's "shopping cart" (by clicking on the "Add to cart" button);

from the said "basket", its validation for payment (by clicking on the "Place order" button), after the Customer has reviewed, for the first time, the summary of his order;

Customer identification: (i) by logging into their account, if they already have one on the Site. They must then enter their email address and password; (ii) by creating an account if they do not yet have one. They must then provide personal information using the successive forms on the Site (email address; password; first name; last name; company name if applicable; address; mobile phone number), before clicking on the "Continue" button;

the validation, by the Customer, of their delivery and billing addresses, before clicking on the "Continue" button;

The Customer is then redirected to a new summary page of their order, where the terms and cost of delivery defined by the Company are specified, depending on the Products ordered;

validation of these terms, by ticking the box provided for this purpose at the end of this new page, prior to selecting a payment method (bank card; American Express; PayPal; in 4 installments without fees with PayPal, by Visa or Mastercard bank card), by clicking on the corresponding "Continue" button.

Order payment

In the case of online payment by bank card (Visa or Mastercard) or by American Express, the Customer must then provide all the information necessary for said payment, following the instructions provided for this purpose on the Site.

In the case of payment by PayPal or PayPal 4x, the Customer must then provide all the information necessary for said payment, following the instructions provided for this purpose on the PayPal website.

Order confirmation

Once payment for the order is complete, the Customer will receive an automatic email confirmation, sent to the address provided when creating their account (provided the email address is valid and correct). This automatic confirmation will be subject to final validation by the Company. This automatic confirmation will include the following:

A summary of the Products ordered by the Customer;

Confirmation by the Company that the order has been correctly registered;

Order status indication.

Final order confirmation

The Company reserves the right to refuse an order in the following cases:

If the banking institution responsible for processing the Client's payment encounters difficulties in processing the order payment;

In the event of an abnormal request in terms of content, frequency or intention of the Client;

More generally, in the presence of a legitimate reason in accordance with Article L. 121-11 of the Consumer Code.

If the Company decides not to accept the Customer's order for one of the reasons stated above, the Customer will receive an email (sent to the address provided when creating their account, subject to the availability of a valid and error-free email address) informing them of the cancellation of their order. The Customer will not be charged for their order or will be refunded as soon as possible by bank transfer.

Right of withdrawal

In accordance with Articles L. 221-18 et seq. of the French Consumer Code, consumer Clients and professional Clients (when the purchase of a Product is not primarily related to their business activity and the business employs fewer than five employees) have a fourteen (14) day withdrawal period starting the day after receipt of the ordered Products to exercise their legal right of withdrawal. They must inform the Company of their intention to return the Products.

For an order comprising several Products delivered separately or a bulky Product delivered in several parts over a defined period, the period begins upon receipt of the last Product or the last batch.

The deadline begins at the first hour of the first day and ends at the last hour of the last day. If this deadline falls on a Saturday, Sunday, or public holiday, it is extended to the next working day.

The product(s) must be returned to the Company:

(i) Within fourteen (14) days of the Customer notifying them of their intention to withdraw, the Customer must cover all shipping and return costs. To collect these amounts, the Company will reimburse the Customer for the cost of the returned Product, less the shipping and return costs, by bank transfer.

(ii) to the address indicated by the Company for returns

Price and payment

Price

The prices of the Products offered by the Company are fixed.

These prices are indicated on the Site and are listed in euros.

In any event, from the date of validation of his order by the Customer, it is a final and non-revisable price, not including delivery costs (which are automatically determined by the Company, according to the Product(s) ordered and specified on the summary page of his order).

The Company reserves the right to modify the prices of its products at any time. In this case, the price paid by the Customer is the price they confirmed when validating and paying for their order.

The price of the Product(s) includes all taxes at the applicable VAT rate.

Payment

Products are paid for using secure payment services such as credit card, American Express, PayPal, or PayPal 4x.

After making payment for their order, Customers automatically receive an email confirmation at the address they provided when creating their account (provided they have provided a valid and error-free email address).

This automatic confirmation is subject to final validation by the Company before being definitively confirmed.

Delivery

Delivery methods

Deliveries are made to the "doorstep," meaning at the bottom of the main building or in front of the entrance to the address provided by the Customer. The delivery driver will not assist the Customer in handling the ordered Products.

Time limit

Check delivery times in the delivery options during checkout or by clicking on 'DELIVERY AND SHIPPING' in the footer.

Liability and compensation

In the event of an error by the Customer regarding their delivery address or incomplete information, the Company cannot be held responsible for the impossibility or delay of delivery. Similarly, the Company cannot be held responsible if the Customer is absent when receiving their Products.

Finally, the Company informs its Customers that deliveries are made only with hand delivery by the carrier.

Product Reception

In accordance with the provisions of Article L. 133-3 of the Commercial Code, in the event of damage or partial loss of the Products ordered during transport, the Customer shall notify the Company by email contact@cosydar-deco.com, at the latest within three (3) days, excluding public holidays, from the date of their receipt.

If no claim or reservation is made in this regard under the aforementioned conditions, the said Products may no longer be taken back or exchanged by the Company and no recourse may be exercised against the carrier.

When the Customer personally takes delivery of the transported Products and when the carrier does not justify having allowed him to effectively verify their good condition, the period mentioned in Article L. 133-3 of the Commercial Code, which extinguishes any action against the carrier, is extended to ten (10) days.

Retention of title

The Company retains full ownership of the Products purchased until the Customer has fulfilled all of its obligations and in particular until full payment of the price.

Back

Right of withdrawal

Requests to exercise the right of withdrawal should be addressed to the Company's customer service: (i) via its contact form, accessible on its Website; (ii) by email (contact@cosydar-deco.com).

These requests must indicate: certain personal information of the consumer Client (name; surname; telephone number; email address); the Products ordered; the date of their receipt; the date and place where the request to exercise the right of withdrawal is made.

Products for which the right of withdrawal can be exercised must be returned complete, in suitable packaging, at the expense of the Customer, so that they return to the Company in perfect condition.

Legal guarantees of conformity and hidden defects

In accordance with the provisions of the Consumer Code applicable to consumer buyers, the Company is obligated to deliver goods that conform to the Product description as displayed on the Website. Failing this, the Customer may request a refund or replacement of the Product.

The Customer may also choose to invoke the warranty against hidden defects in the item under the conditions set forth in Articles 1641 et seq. of the French Civil Code, within two (2) years of discovering the defect. In this case, the Customer may choose between rescinding the sale or obtaining a reduction in the sale price, in accordance with the provisions of Article 1644 of the French Civil Code.

In the event that the Customer exercises the legal guarantee of conformity or the guarantee against hidden defects, the Company will reimburse the Customer or replace the Product concerned.

The Product must be returned to the Company in suitable packaging, so that it is returned to them in perfect condition.

In any event, the Customer will only be able to obtain a refund or replacement of the Product if the lack of conformity or hidden defect is proven and noted by the Company, under the aforementioned conditions.

Refusal to accept a product and cancellation of a post-shipment order

In the event of refusal to accept a Product by the Customer from the carrier, without legitimate reason (excluding the right of withdrawal, legal guarantee of conformity and hidden defects), the Customer will have to pay a fixed sum corresponding to the total amount of his order in EUR including tax.

Similarly, if the Customer requests cancellation of their order after it has been shipped, they will be responsible for all shipping and return costs. To collect these flat-rate amounts, the Company will reimburse the Customer for the cost of the returned Product, less the shipping and return costs, via bank transfer.

Customer Obligations

Before finalizing any order, the Customer agrees to provide accurate and truthful information about themselves. Furthermore, legal capacity is required to place an order on the Site. In addition, when making an online payment, the Customer certifies that they are fully authorized to use their bank card or American Express card, that it is a personal card, not used fraudulently, and that the available funds are sufficient to cover the cost of any Product order placed on the Site.

Company Obligations

The Company strives to provide the most reliable and high-quality product information possible on the Site.

Furthermore, before any shipment of the Product, the Company verifies its conformity to the Customer's order.

Warranty exclusions

No guarantee, whether legal or contractual, covers any defects affecting the Products or their characteristics, nor any direct or indirect damages suffered by the Customer or third parties due to abnormal and non-compliant use of the Products.

Furthermore, the Company cannot be held liable, under product liability as defined by Articles 1245 et seq. of the Civil Code, for damage caused to property not used by the injured party for their private use or consumption.

Refund

Right of withdrawal

In the event of a Product return, the Company will reimburse the consumer Client for the cost of said Product, less delivery costs.

The Company will under no circumstances reimburse the cost of returning the Products, in accordance with the provisions of Article L. 221-23 of the Consumer Code.

The refund will be made by bank transfer.

The refund will be made as soon as possible and at the latest within fourteen (14) days following the effective exercise of the right of withdrawal by the Customer.

This period may, however, be extended by the Company until the Products returned by the Customer are received.

If the conditions are not met, the Company will not be able to reimburse the Client.

Legal guarantees of conformity and hidden defects

In the event of a Product return, the Company will reimburse the Customer not only for the cost of said Product, but also for the costs related to transport (delivery and return).

In any event, the Company will not make any refunds for either the Products or delivery costs in the event of proven bad faith on the part of the Customer.

Modification of the General Terms and Conditions of Sale

The applicable General Terms and Conditions of Sale are those in effect on the date the order is validated by the Customer. However, the Company reserves the right to modify these terms and conditions at any time, without prior notice, but undertakes to inform its Customers of these modifications as soon as they come into effect by publishing them on the website it owns and operates.

Intellectual property

All elements on the Site belonging to the Company are protected by intellectual property laws. Therefore, the Company owns all rights, titles, and interests, including intellectual property rights related to the Site, as well as ideas, suggestions, requests for improvements, comments, recommendations, and other information submitted by Clients and third parties concerning the Site.

The Company also owns the rights to use all elements accessible on its Site, such as texts, images, graphics, logos, icons, sounds, software, etc. Therefore, any reproduction, representation, modification, publication, or adaptation, in whole or in part, of the Site's elements, by any means whatsoever, is strictly prohibited without the Company's express prior consent.

Personal data

In accordance with Law 78-17 of January 6, 1978, as amended by the laws of August 6, 2004, and June 20, 2018, the Company undertakes to process the personal data of its Customers solely for the purpose of fulfilling its obligations related to the online sale of Products. In this regard, it is noted that the personal data requested from the Customer is necessary, in particular, to validate any Product order and to issue invoices.

The Company also undertakes to guarantee the confidentiality of personal data processed in the context of the performance of its obligations.

Furthermore, as this data may be communicated to the Company's partners responsible for the execution, processing, management and payment of orders, the Company ensures that these partners provide the same sufficient guarantees regarding the implementation of appropriate technical and organizational measures, so that the processing meets the requirements of the applicable regulations.

In accordance with applicable national and European regulations, the Client has a permanent right of access, modification, rectification and objection with regard to information concerning him/her.

The Customer may, subject to the production of a valid proof of identity, exercise these rights by contacting customer service by registered mail with acknowledgement of receipt, at the address 10 rue Condorcet 66750 ST Cyprien France.

If the Customer no longer wishes to receive news from the Company, its solicitations (by telephone, SMS, postal mail or email) and invitations, he has the option of indicating this by email (contact@cosydar-deco.com).

Responsibility

The Company shall only be liable for direct damages caused by its own fault, which the Client must prove. Compensation for damages suffered by the Client shall not exceed the amount owed by the Client for the Products in question.

Force majeure

In accordance with the provisions of Article 1218 of the Civil Code, in the event of force majeure, the Company will not be liable for any failure to perform its obligations.

More specifically, the Company cannot be held responsible for any delay/failure to deliver due to a cause beyond its control, including in the event of an epidemic/pandemic, severe weather, natural disaster, strike, road accident, etc.

Miscellaneous

Waiver

The fact that the Company does not, at any given time, avail itself of any of the provisions herein, shall not be interpreted as a waiver by the latter of its right to avail itself at a later date of any of said provisions.

Validity / Indivisibility

The invalidity, unenforceability, or more generally, the lack of effect of any of the stipulations of the General Terms and Conditions of Sale shall not affect the other stipulations, which shall remain perfectly valid and binding.

Customer service

The company's customer service can be reached at:

by email (contact@cosydar-deco.com)
via the Company's contact form, accessible via its Website;
by phone +33 6 18 33 32 35
Amicable settlement of disputes

Customer complaints must be submitted to the Company's customer service department.

After submitting a complaint to the Company and in the event of impossibility of finding an amicable agreement, the consumer Client is duly informed that he has the right to resort to mediation in accordance with the provisions of Article L. 612-1 of the Consumer Code.

Whichever Party wishes to resort to mediation, it must first inform the other Party by means of a registered letter with acknowledgment of receipt, specifying the reasons for the dispute.

Applicable law and jurisdiction

The General Terms and Conditions of Sale are subject to French law.

For Clients acting within the scope of their professional activity, the Commercial Court of Bayonne shall have sole jurisdiction to hear disputes relating to these terms, in the absence of an amicable agreement between the Parties.

For Clients acting as consumers, any dispute relating to these terms and conditions shall be brought before one of the courts with territorial jurisdiction under the Code of Civil Procedure.

Furthermore, the consumer Client is reminded that he has the option of submitting any dispute relating to these terms either to the jurisdiction of the place where he resided at the time of the conclusion of the contract, or to that of the place where the harmful event occurred.

In any event, the consumer Client is duly informed that he/she has the right to resort to mediation in accordance with the provisions of Article L. 111-1 of the Consumer Code.

French and foreign versions

These General Terms and Conditions of Sale are written in French. In the event of any contradiction or misinterpretation, they shall prevail over any other version that may be written in another language at the request of the Customer.