General provisions

This site is published and distributed by S'M.Art EURL with capital of €10,000
Head 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

Object and Field of Application

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 and conditions of purchase of products offered by COSYDAR-DECO via 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 conditions of sale, words or expressions beginning with a capital letter shall have the following meaning:

Customer: means any person (natural or legal) who purchases a Product sold on the Site, as a consumer, under the conditions agreed herein.

General Conditions of Sale: means this document and any annexes thereto.

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

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

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

Company: means the company S'M.Art EURL

Object

The purpose of these General Terms and Conditions of Sale is to detail their scope of application, as well as the conditions for their acceptance. They also detail the conditions under which the Products are sold on the Site. They also specify the terms and conditions for ordering and paying 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 the General Conditions of Sale

The Parties agree that their relationship is governed by these General Terms and Conditions of Sale, to the exclusion of any conditions previously available on the Site. These General Terms and Conditions of Sale are applicable to all orders for Products offered by the Company, made through the Site.

Acceptance of the General Conditions of Sale

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

Product :

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. Furthermore, these selections are valid while stocks last. Thus, in the event of a Product ordered being out of stock (temporarily or permanently), the Company will notify the Customer as soon as possible. The Parties will agree together:

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

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

The characteristics of each Product are detailed on the specific page of the said Product. The Customer agrees to read them carefully before placing an order on the Site. The Products shipped comply with the characteristics 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 colors of the Products compared to the visuals displayed on the Site.

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

Orders

Any purchase of a Product implies:

the selection of a Product to be added to the Customer’s “basket” (by clicking on the “Add to basket” button);

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

the Customer's identification: (i) by logging into their account, if they already have one on the Site. They must then provide 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; password; first name; last name; company where applicable; address; mobile phone), before clicking on the "Continue" button;

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 his order, where the terms and cost of delivery defined by the Company are specified, depending on the Products ordered;

validation of these terms, by checking 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 charge with PayPal, by Visa or Mastercard bank card), by clicking on the corresponding “Continue” button.

Payment of the order

In the event 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 event 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 site.

Order confirmation

Once the order payment is complete, the Customer will receive an automatic confirmation by email, sent to the address provided when creating their account (provided that 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 elements:

A summary of the Products ordered by the Customer;

Confirmation of the correct registration of the order by the Company;

The order status indication.

Final validation of orders

The Company reserves the right not to process an order in the following cases:

If the banking organization responsible for processing the Customer's payment encounters difficulties in paying for the order;

In the event of abnormal demand 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 any of the reasons set out 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 the amount of their order or will be reimbursed as soon as possible by bank transfer.

Right of withdrawal

In accordance with the provisions of Articles L. 221-18 et seq. of the French Consumer Code, the Consumer Customer and the Professional Customer (when the purchase of a Product does not primarily relate to the activity of their company and the company employs fewer than five employees) benefit from a withdrawal period of fourteen (14) days from the day after receipt of the Products ordered 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 large Product delivered in several parts over a defined period, the period begins upon receipt of the last Product or the last batch.

The time limit begins at the first hour of the first day and ends at the last hour of the last day. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

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

(i) within fourteen (14) days of the Customer notifying him of his intention to withdraw, the Customer shall cover all shipping and return costs. To collect these amounts, the Company will reimburse the Customer 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 mentioned in euros.

In any event, from the date of validation of the order by the Customer, this is a final and non-revisable price, not including delivery costs (which are automatically determined by the Company, depending on the Product(s) ordered and specified on the summary page of the 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 one that he/she will have validated, when validating and paying for his/her order.

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

Payment

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

After paying for their order, Customers automatically receive an email confirmation to the address they provided when creating their account (provided they 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 terms

Deliveries are made to the "doorstep", i.e. at the bottom of the main building or in front of the entrance to the address indicated by the Customer. The delivery person will not provide assistance to the Customer in handling the Products ordered.

Time limit

Check delivery times in the delivery options when ordering 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 details or incomplete information, the Company cannot be held responsible for the impossibility or delay of delivery. Likewise, in the event of the Customer's absence upon receipt of their Products.

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

Receipt of Products

In accordance with the provisions of Article L. 133-3 of the French 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 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 Products transported and when the carrier does not provide proof that it has given the Customer the opportunity to actually check their good condition, the period mentioned in Article L. 133-3 of the French 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 sent to the Company's customer service: (i) via its contact form, accessible on its Site; (ii) by email (contact@cosydar-deco.com).

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

The Products on which the right of withdrawal can be exercised must be returned complete, in suitable packaging, at the Customer's expense, so that they are returned 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 required to deliver goods that conform to the description of the Product as displayed on the Site. Failing this, the Customer may request a refund or replacement of the Product.

The Customer may also decide to implement the guarantee against hidden defects of the object under the conditions of articles 1641 et seq. of the Civil Code, within a period of two (2) years from the discovery of the defect. In this case, he may choose between the resolution of the sale or a reduction of the sale price, in accordance with the provisions of article 1644 of the 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 the Company in perfect condition.

In any event, the Customer may only 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 receive a Product and cancellation of order after shipment

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 must pay a lump sum corresponding to the total amount of their order in EUR including tax.

Likewise, 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 fixed amounts, the Company will reimburse the Customer for the cost of the returned Product, less the shipping and return costs, by bank transfer.

Customer Obligations

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

Obligations of the Company

The Company strives to provide the most reliable and qualitative information possible on the Site relating to the Products.

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

Exclusions of warranties

No warranty, whether legal or conventional, covers any defects affecting the Products or their characteristics, nor any direct or indirect damage suffered by the Customer or third parties due to abnormal use of the Products which is not in accordance with their normal use.

Furthermore, the Company cannot be held liable, under the liability for defective products as defined by Articles 1245 et seq. of the Civil Code, for damage caused to goods which are not used by the victim for his or her private use or consumption.

Refund

Right of withdrawal

In the event of a Product being returned, the Company will reimburse the Consumer Customer for the cost of said Product, less delivery costs.

The Company will not reimburse the costs of returning the Products under any circumstances, 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 receipt of the Products returned by the Customer.

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

Legal guarantees of conformity and hidden defects

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

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

Modification of the General Conditions of Sale

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

Intellectual property

All elements present on the Site belonging to the Company are protected by intellectual property laws. Consequently, the Company owns all rights, titles and interests, including intellectual property rights related to the Site, as well as ideas, suggestions, improvement requests, comments, recommendations and other information transmitted by Customers and third parties concerning the Site.

The Company also holds the rights of use on all elements accessible on its Site, such as texts, images, graphics, logos, icons, sounds, software, etc. Consequently, any reproduction, representation, modification, publication, total or partial adaptation of the elements of the Site, by any means whatsoever, is strictly prohibited without the express prior consent of the Company.

Personal data

In accordance with Law 78-17 of January 6, 1978, amended by the laws of August 6, 2004 and June 20, 2018, the Company undertakes to process the personal data of its Customers, solely to fulfill its obligations under the online sale of Products. In this regard, it is recalled that the personal data requested from the Customer are particularly necessary to validate any Product order, as well as to establish invoices.

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

Furthermore, since 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.

The Client has, in accordance with current national and European regulations, a permanent right of access, modification, rectification and opposition with regard to information concerning him/her.

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

If the Client no longer wishes to receive news from the Company, its requests (by telephone, SMS, post or email) and invitations, he/she 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 fault, proof of which must be provided by the Customer. Compensation for the damage suffered by the Customer shall not exceed the amount owed by the Customer for the Products concerned.

Force majeure

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

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

Miscellaneous

Waiver

The fact that the Company does not avail itself, at a given time, of any of the provisions hereof, cannot be interpreted as a waiver by the latter of the right to avail itself subsequently of any of the said provisions.

Validity / indivisibility

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

Customer Service

The Company's customer service can be reached in particular:

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

Customer complaints should be made to the Company's customer service department.

After having sent a complaint request to the Company and in the event of an amicable agreement being unable to be reached, the Consumer Customer is duly informed that he is entitled 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 registered letter with acknowledgment of receipt, specifying the reasons for the dispute.

Applicable law and competent jurisdiction

The General Conditions of Sale are subject to French law.

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

For Customers acting as consumers, any dispute relating to this document will be brought before one of the courts with territorial jurisdiction under the Code of Civil Procedure.

Furthermore, the Consumer Customer is reminded that he has the possibility of submitting any dispute relating to this document either before the jurisdiction of the place where he resided at the time of the conclusion of the contract, or before that of the place where the damaging event occurred.

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

French and foreign version

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 Customer's request.