Terms of sale

Subject

These general terms and conditions of sale (hereinafter the "GTCs") govern all relations between the company COSMIC MO, a simplified joint-stock company (SAS) with a capital of €1,829.00, whose registered office is located at 9 rue des Colonnes, 75002 Paris (France), registered with the Paris Trade and Companies Register under number 882680028, and the customers of its website "www.getcosmicdealer.com" (hereinafter referred to as "the Site"), which allows for placing orders for products intended for home delivery. They constitute, along with the online order, the contractual documents binding on the parties, to the exclusion of all other documents, brochures, and catalogs.

The sales offer proposed by Cosmic MO on the Site:

• Is intended exclusively for customers who have reached the legal age of majority, have the capacity to contract, and are acting as consumers, i.e., any person acting solely for the satisfaction of their personal needs; and
• Relates to sales where delivery takes place in France, in a member country of the European Union, or in any other country where Cosmic MO agrees to deliver.

The buyer will be referred to in this document as the "Customer".

Full and complete adherence to the GTCs is necessary and essential to be able to place an order.

General Provisions Relating to these General Terms and Conditions of Sale

Full Capacity of the Customer

The Customer acknowledges that they meet the aforementioned conditions and, in particular, have reached the legal age of majority and have the full capacity to commit under the GTCs when they place an order on the Site.

Availability and Applicability of the GTCs

The GTCs are made directly available to Customers on the Site. The GTCs are binding on the Customer, who acknowledges, by checking a box provided for this purpose, that they have read and accepted them before placing an order.

The validation of the order by its confirmation constitutes adherence by the Customer to the GTCs in force on the day of the order, the preservation and reproduction of which are ensured by COSMIC MO.

Modification of the GTCs

These GTCs were updated in October 2024.

COSMIC MO reserves the right to modify its GTCs at any time.

In the event of modification of the GTCs, the applicable GTCs are those in force on the date of the order, a dated copy of which may be provided to the Customer upon request.

Clauses of the GTCs

The nullity of a contractual clause does not entail the nullity of the GTCs. The temporary or permanent non-application of one or more clauses of the GTCs by COSMIC MO shall not constitute a waiver on its part of the other clauses of the GTCs, which continue to produce their effects.

Products

The list and characteristics of the products offered on the Site are subject to change and adaptation at any time to better meet your expectations and/or depending on available stock.

Information relating to the products is accessible by clicking on the product designation or description. This information is intended to inform the Customer as completely as possible about the essential characteristics of the products.

The products offered on the Site comply with French legislation and the standards applicable in France. Products are available at the prices and under the conditions offered as long as they are present on the Site (subject to available stock).

Stock Availability

Products are offered and delivered subject to available stock.

In the event of unavailability of the ordered product, COSMIC MO will inform the Customer and may offer them a product of equivalent quality and price or, failing that, a voucher for the amount of the order usable for any subsequent order.

In the event of disagreement by the Customer, COSMIC MO will refund the sums paid within 5 working days, using the same payment method as that used by the Customer when purchasing on the Site.

Product Prices

The selling prices, in accordance with Article L. 112-1 of the Consumer Code, are indicated, for each of the products listed in the electronic catalog, in euros inclusive of all taxes, excluding delivery and transport costs, which are mentioned before order validation and charged as a supplement.

The selling price of the product is that in force on the day of the order.

COSMIC MO reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order.

Order

Stages in concluding the contract

To place an order, the Customer, after having filled their virtual shopping cart by indicating the selected products and quantities, provides the information relating to delivery and the payment method, then chooses the delivery method and then clicks on the "Check Order" button.

Before clicking on the "Pay Now" button, the Customer has the opportunity to check the details of their order and its total price and to return to the previous pages to correct any errors or possibly modify their order. The Customer confirms their order by clicking on 'Pay Now'. Confirmation of the order implies acceptance of the GTCs and forms the contract.

An email acknowledging receipt of the order and its payment is sent to the Customer by COSMIC MO as soon as possible.

Order Modification

Any modification of an order by the Customer after confirmation of their order is subject to the acceptance of COSMIC MO.

All the information that the Customer provides when placing an order is binding on them, and in particular that concerning the recipient of the order (name, address...), and any anomalies generated as a result cannot be attributed to COSMIC MO in the event that it is unable to execute the order and bring it to a successful conclusion.

Contract

Conclusion

The sales contract is formed at the time the consumer sends confirmation of their order.

Archiving and Proof

The archiving of communications and invoices is carried out on a reliable and durable medium so as to constitute a true and lasting copy. These communications and invoices may be produced as proof of the contract.

Payment

Due Date

The price is due in full after confirmation of the order. Payment is made immediately upon ordering by credit card or PayPal.

Payment of the price of the products makes the order final.

Delivery

Method of product delivery

Consult our "Shipping" page. 

Delivery Location

The Customer is required to provide a complete and accurate delivery address where the order can be delivered and received.

COSMIC MO cannot be held liable if the information relating to the order proves to be incomplete, insufficient, or erroneous and, as a result, has not allowed the carrier mandated by COSMIC MO to ensure delivery or to leave a delivery notice.

In the event of the parcel being returned to COSMIC MO's services due to an incomplete or undeliverable address (see above), once COSMIC MO has received notification that the parcel has been returned to it, the Customer will be responsible for the return shipping costs, if applicable. Alternatively, the Customer may request a refund for the items purchased, less the initial delivery costs.

Non-Receipt of Parcel

In the event of non-receipt of a parcel, even if marked as delivered by the carrier, COSMIC MO advises the Customer to check with their neighbors or the local post office beforehand. If the parcel is still missing, COSMIC MO will launch an investigation with the delivery service. A replacement or refund will be offered if the investigation concludes that the parcel has indeed been lost.

International Deliveries

COSMIC MO accepts orders from countries outside France and the European Union, subject to restrictions specific to each country. International delivery costs and delivery times may vary depending on the country of destination. These costs will be clearly indicated before order validation.

It is the Customer's responsibility to verify the customs regulations and local taxes applicable in their country of residence. Any import taxes, customs duties, or additional charges are the exclusive responsibility of the Customer.

In the event of refusal of the parcel at the border or inability to deliver due to local regulations, no liability can be attributed to COSMIC MO.

Legal Guarantees

The Customer is entitled, without additional payment and irrespective of the right of withdrawal, to:

• The legal guarantee of conformity,
• The legal guarantee against hidden defects.

The consumer has two years from delivery of the goods to claim the legal guarantee of conformity if a conformity defect appears. During this period, the consumer only needs to demonstrate the existence of the conformity defect, not the date of its appearance.

Where the contract for the sale of goods provides for the supply of digital content or a digital service continuously for a period exceeding two years, the legal guarantee applies to that digital content or digital service throughout the supply period. During this period, the consumer is only required to prove the existence of the conformity defect affecting the digital content or digital service, and not the date of its appearance.

The legal guarantee of conformity requires the professional, where applicable, to provide any updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity entitles the consumer to repair or replacement of the goods within thirty days of their request, free of charge and without significant inconvenience.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests repair of the goods but the seller insists on replacement, the legal guarantee of conformity is renewed for a two-year period from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price while keeping the goods or terminate the contract and obtain a full refund upon return of the goods if:

1. The professional refuses to repair or replace the goods;
2. The repair or replacement of the goods takes place after a period of thirty days;
3. The repair or replacement of the goods causes a significant inconvenience to the consumer, particularly where the consumer permanently bears the return or collection costs of the non-compliant goods, or if they bear the installation costs of the repaired or replacement goods;
4. The non-conformity of the goods persists despite an unsuccessful attempt by the seller to rectify the situation.

The consumer is also entitled to a reduction in the price of the goods or termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to request repair or replacement of the goods beforehand.

The consumer is not entitled to termination of the sale if the lack of conformity is minor.

Any period during which the goods are immobilized for repair or replacement suspends the guarantee that remained to run until delivery of the goods that have been restored.

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.

A seller who acts in bad faith to prevent the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of €300,000, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).

The consumer is also entitled to the legal guarantee of hidden defects under Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund upon return of the goods.

Right of Withdrawal

The Customer has a period of fourteen days from receipt of their order to return any item that does not suit them and request a refund, without having to justify their decision. In this case, the return costs remain the responsibility of the Customer.

In accordance with Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for:

• Perishable foods items sold on the site, 
• Any product unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.

The right of withdrawal may be exercised by the Customer by clicking on this link and filling in the form, or by sending the form appearing in the Annex to the GTCs duly completed or any other unambiguous declaration, by email to our customer service by writing to bonjour@getcosmicdealer.com or by post to the following postal address: 9 rue des Colonnes, 75002 Paris, France. The Customer will receive confirmation of receipt of the withdrawal on a durable medium (e.g., by email) without delay.

The Customer shall return or send back the goods to COSMIC MO without undue delay and, at the latest, within fourteen days following communication of their decision to withdraw.

In the event of withdrawal, COSMIC MO will refund all payments received, it being recalled that the return costs remain the responsibility of the Customer, using the same payment method as that used by the Customer for the initial transaction, i.e., by re-crediting the Customer's bank card or PayPal account. COSMIC MO may defer the refund until the goods have been recovered or until the Customer has provided proof of shipment of these goods, the date retained being that of the earlier of these two events.

Processing of Personal Data

COSMIC MO processes information concerning consumers in accordance with its Privacy Policy. 

Bloctel

In accordance with current legislation, you have the option of registering on the Bloctel telephone canvassing opt-out list. To exercise this right, you can register free of charge on the official Bloctel website (www.bloctel.gouv.fr). Please note that this registration does not prevent communications from our company in the event of an ongoing contractual relationship.

Liabilities

COSMIC MO cannot be held liable for damage resulting from malfunctioning telecommunication services or any event classified as force majeure.

COSMIC MO cannot be held liable for damage resulting from non-compliant use of its products.

Extended Producer Responsibility for Waste

The Customer is informed that, in accordance with Articles L.541-10 and R. 541-173 of the Environment Code, COSMIC MO is registered in the waste producer register under the following number: FR280275_01OQJM for the EMBM sector (Eco-organisation: CITEO).

Force Majeure

COSMIC MO is exempt from its liability in all cases of force majeure, related to irresistible, unpredictable, and external circumstances. The following are considered cases of force majeure: recognised cases of disasters or bad weather, strikes by logistics providers, or any other event likely to disrupt the smooth flow of goods and IT flows. Pandemics and epidemics, as well as government decisions restricting the movement of goods, are also considered cases of force majeure.

Dispute Resolution – Mediation

In the event of a dispute, the Customer must first contact the company's customer service by email (bonjour@getcosmicdealer.com) in order to attempt to resolve the dispute.

In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, in the event of a dispute not resolved with COSMIC MO's customer service, the Customer has the option of resorting free of charge to a consumer mediator.

COSMIC MO has joined the mediation service offered by AME CONSO.

Mediator's contact details:

AME CONSO (Association of European Mediators) 11 Place Dauphine 75001 Paris, France Website: www.mediationconso-ame.com

The Customer may also submit their mediation request directly on their website via the online form.

Furthermore, COSMIC MO informs the Customer that the European Commission has set up an Online Dispute Resolution (ODR) platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union, accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

Applicable Law

This contract and the GTCs governing it are subject to French law.

Annex – Standard Withdrawal Form

To the attention of COSMIC MO – Customer service, whose contact details are as follows:

Postal address: 9 rue des Colonnes, 75002 Paris, France Email address: bonjour@getcosmicdealer.com

I/we () hereby notify you/notify you () of my/our () withdrawal from the contract concerning the sale of the good ()/for the provision of services (*) below:

Ordered on ()/received on ():

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only in the case of notification of this form on paper):

Date:

(*) Delete as appropriate.