General Conditions of Sale and Use
Preamble
Cosplay Smart
SAS company with capital of 3000 euros
Head office 59 avenue de la mer, B30 83140 Six-fours-les-plages;
Phone number +33674709343 ;
Email address: contact@cosplaysmart.com;
RCS (or Trade Directory) no. 97817292200012
1 - Scope of application
These conditions apply to all uses of the Site www.cosplaysmart.com by natural or legal persons, of legal age and/or legally capable.
This document applies, without restriction or reservation, to all services or sales concluded between the Parties in France and abroad. No special condition may, except in the case of a formal written exception signed by the Customer and the Seller, prevail over these General Terms and Conditions of Sale and Use. If one of the clauses of these general terms and conditions of sale were to be null and void or cancelled, the other clauses would not be cancelled.
Any use of the Site implies that the User has read the general conditions and that he adheres to these same conditions. Prior to the validation of any order, the User must acknowledge having read the General Conditions of Sale and Use (GCSU) and accept them. To this end, no handwritten signature will be required. In any event, the GCSU are accessible at any time from the Site. The Seller reserves the right to make modifications to them in order to adapt them to the terms of sale and operation of the Site and a Service or a Provision.
Any order placed on the website implies acceptance of these General Conditions. Any order confirmation implies your full acceptance of these general conditions of sale, without exception or reservation.
All data provided and the recorded confirmation will constitute proof of the transaction.
You declare that you are fully aware of this.
2 - Glossary
Customer: Any natural or legal person who has a personal account on the Site.
Site: Designation of the sales platform www.cosplaysmart.com.
Seller: Professional, supplier of products or services intended for sale on the Site. Also called Service Provider.
Product: Any good offered for sale on the Site and contained in the catalog.
Provider: Professional who provides Services offered on the Site.
Service: Any Service and Provision offered on the Site.
User: Any person who visits the Site and/or requests the creation of a personal account.
3 - Identification of the Seller and the Site
The company SAS Cosplay Smart registered with the RCS 97817292200012 with capital of €3,000 is domiciled at 59 avenue de la mer, B30, 83140, Six-fours-les-plages.
The Seller can be contacted:
By email to the following address: contact@cosplaysmart.com
By phone at: +33674709343
By mail to the following address: Yolaine DEPLACE, 59 avenue de la mer, B30, 83140, Six-fours-les-plages
The website www.cosplaysmart.com is published by Cosplay Smart and the TEAPS agency and is hosted by o2switch.
4 - Object
The Seller carries out the activity of selling clothing, costumes, materials and equipment for the production of costumes, cosmetics, contact lenses and various accessories related to cosplay.
The Seller carries out a resale activity. As part of its activity, the Service Provider may call upon external professionals, which the Customer accepts and acknowledges.
5 - Rates
The prices of our products are indicated in euros, all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs. Cosplay Smart is not subject to VAT, art. 293 B of the CGI.
Cosplay Smart reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the price in effect at the time of validation of the order and subject to availability.
Possible additional costs or increases may apply depending on the nature and specificity of the Service to be performed .
In the context of the Services and Benefits offered by the Seller, possible additional costs or surcharges may apply in the event of the nature and specificity of the Service to be performed (travel costs, accommodation, emergency, etc.). In the context of the Products sold, possible additional costs may apply due to the nature of the Product or due to the Customer's requirements, delivery terms or other.
In any event, the total amount is indicated to the Customer prior to validation of his order and payment. Failing this, any possible increases that may be applied will be expressly specified to the Customer.
A deposit may be required by the Seller, the amount and terms of payment of which will be expressly specified to the Customer prior to validation of the order. In the absence of payment of said deposit, the Seller reserves the right not to fulfill its obligations relating to the order.
No reminder is required for the application of late payment penalties which automatically run from the first day of late payment. The amount of the penalties results from the application to the amounts still due of three times the legal interest rate in force at the time of the incident. In addition, a fixed compensation for recovery costs of 40 euros will apply under Article D 441-5 of the French Commercial Code.
In the event of an order to a country other than metropolitan France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of Cosplay Smart. They will be your responsibility and are your sole responsibility, both in terms of declarations and payments to the competent authorities and organizations in your country. We advise you to inquire about these aspects with your local authorities.
All orders, regardless of their origin, are payable in euros.
The products remain the property of Cosplay Smart until full payment of the price.
Please note: as soon as you take physical possession of the products ordered, the risks of loss or damage to the products are transferred to you.
6 - Payment terms
Validating your order implies for you the obligation to pay the price indicated. The Customer selects his method of payment at the end of his order.
Payment for your purchases is made by bank card using the secure Payplug system, via bank card.
Cosplay Smart reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of a difficulty concerning the order received.
7 - Provisions applicable to the terms of performance of the Services
7.1 - The Services
The Services constitute those offered by the Service Provider and in connection with its activity mentioned above, subject to its availability and the feasibility of the request and the requirements of the Client. They are established on a tailor-made basis in order to best meet the requirements of the Client and what will have been previously agreed between the Parties.
7.2 - Terms of performance of the Service
The Service Provider establishes a personalized quote and, at the request of the Client, subject to its acceptance prior to the start of the mission.
Any request must be made by the Client:
- Via the website
- At the Seller's place of business
The quote valid for 1 month will be established with regard to the Client's request and will detail precisely the Service to be carried out, the estimated duration and the total amount of the Service. It must be signed and accepted by the Client prior to the start of the Service.
7.3 - Delivery of the Service
At the end of the performance of the Service, the latter is considered to have been delivered when it is handed over to the Client in its entirety or when it has been performed in full in accordance with what has been agreed between the Parties.
7.4 - Termination and interruption of the Service
The Service may be terminated by mutual agreement between the Parties or at the initiative of one of the Parties in the event of non-compliance by the other with the commitments made by it, in which case the legal and regulatory provisions shall apply. In the event of termination or interruption of the Service in progress at the initiative of the Client and unless otherwise agreed between the Parties, the total amount of the Service shall remain due in its entirety.
8 - Provisions relating to Products and Orders
8.1 - The Products
The Products are those which appear on the Seller's list or catalogue or those offered by the latter to the Customer according to his request and his needs.
The Seller undertakes to comply with all French and European legal and regulatory provisions applicable to the sale of cosmetic products.
8.2 - Purchases and orders
Any purchase or order of one or more Product(s) by a Customer may be the subject of a personalized quote upon request.
Any request must be made by the Client:
- Via the website
- At the Seller's place of business
The quote valid for 1 month will be established with regard to the Customer's request and will detail precisely the description of the Product(s), any design and delivery times, the desired quantities, the unit and total price and any additional costs that may apply. It must be signed and accepted by the Customer prior to the validation of an order.
The Seller offers the possibility of making pre-orders prior to any start of marketing of a Product or in the event of temporary unavailability or stock shortage of one or more possible references. The Customer will have all the information relating to the Product(s) and an expected delivery date. Any delay will be notified to him without delay.
8.3 - Delivery
Delivery takes place in accordance with what will have been indicated and/or selected by the Customer at the time of ordering.
The Seller will communicate all information relating to the tracking of the delivery as soon as the order is shipped. The Seller undertakes to ensure that the announced deadlines are respected. In the event of a delay in shipping, an email will be sent to you to inform you of any possible consequences on the delivery time indicated to you.
In accordance with legal provisions, in the event of a delay in delivery, you have the option to cancel the order under the terms and conditions defined in Article L 138-2 of the Consumer Code. If you receive the product in the meantime, we will refund it and cover the shipping costs under the conditions of Article L 138-3 of the Consumer Code.
In the event of deliveries by a carrier, the company Cosplay Smartne cannot be held responsible for late delivery due exclusively to the unavailability of the customer after several appointment proposals.
Delivery takes place in accordance with what has been indicated to the Customer or selected by the Customer at the time of his order. The Products are shipped by a third party who will communicate to the Seller all the information relating to the tracking of the delivery upon dispatch of the order. Upon receipt of this information, the Seller will send it to the Customer. The Seller undertakes to ensure that the announced deadlines are respected. Any delay in the preparation and dispatch of the order will be notified to the Customer by e-mail, telephone or SMS.
8.5 - Warranty
All our products benefit from the legal guarantee of conformity and the guarantee of hidden defects, provided for by articles 1641 and following of the Civil Code. In the event of non-conformity of a product sold, it may be returned, exchanged or refunded.
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 9.
8.5 - Cancellations, returns of Products
The Customer has the option to cancel his order within 24 hours after validation of his order and prior to its delivery or shipment.
The Customer has the option to return the order partially or completely:
- If the product does not suit him
- If there was an error in his order
- Provided that the product(s) has/have not been unpacked and/or used
The Customer then has 30 days from receipt of the order to request a return.
Returns are the responsibility of the Customer and must be made within 45 days, unless otherwise agreed between the Seller and the Customer.
Any return must be subject to the agreement and acceptance of the Seller prior to shipment.
8.6 - Availability
Our products are offered as long as they are visible on the site://cosplaysmart.com and within the limits of available stocks.
If a product is unavailable after you have placed your order, we will inform you by email so that we can offer you a refund solution as soon as possible.
Furthermore, the website is not intended to sell its products in large quantities. Consequently, Cosplay Smart reserves the right to refuse orders with too large a quantity of identical items.
9 - Right, withdrawal period and exceptions to the right of withdrawal
In accordance with the provisions of Article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to provide reasons or pay a penalty. We have decided to extend this period to 30 days from the date of placing the order in order to allow a little more time for reflection.
Returns must be made in their original condition and complete (packaging, accessories, instructions). In this context, you are liable. Any damage suffered by the product on this occasion may be such as to invalidate the right of withdrawal.
In the event of exercising the right of withdrawal, Cosplay Smart will reimburse the sums paid, within 14 days following notification of your request and via the same means of payment as that used when ordering, unless there is a prior agreement between the Seller and the Customer.
In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:
The provision of services fully performed before the end of the withdrawal period and the performance of which began after the consumer's express prior agreement and express waiver of his right of withdrawal.
The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period.
The supply of goods made to the consumer's specifications or clearly personalized.
The supply of goods liable to deteriorate or expire rapidly.
The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
The supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional.
The supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery.
The supply of a newspaper, periodical or magazine, except for subscription contracts to such publications.
Transactions concluded at a public auction.
The supply of digital content not supplied on a tangible medium, the execution of which has begun after the consumer's express prior consent and express waiver of his right of withdrawal.
10 - Responsibility
Cosplay Smart cannot be held liable for any inconvenience or damage inherent in the use of the Internet, including a break in service, external intrusion or the presence of computer viruses.
10.1 - Provisions applicable to the Services
The Service Provider is bound by an obligation of results with regard to the mission entrusted to it and the Service which is delivered to the Client.
The Service Provider will be responsible for the Service delivered to the Client and for any failure to comply with its commitments. Its liability is strictly limited to the amounts of the Services sold. It is not based in any way on the direct or indirect consequences, whether on people or property, of any damage or malfunction of a Service outside of legal provisions of public order, in the event of misuse of the Services and the services offered, the content and any cause external to the Service Provider.
10.2 - Provisions applicable to the Sale of Products
Cosplay Smart cannot be held liable for any failure to comply with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities the possibilities of importing or using the products or services you plan to order.
The Seller's liability is not based in any case on the direct or indirect consequences, whether on people or on property, of a malfunction of a product sold subject to the legal provisions of public order. The Seller's liability is strictly limited to the amounts of the Products sold. Its liability may not be incurred in any case in the event of non-compliance by the Customer with the obligations of these General Terms and Conditions. Liability may also not be incurred in the event of misuse of the Product(s) purchased, of any modification made to the functionalities or destination relating to the Product(s) and for any cause external to the Seller. Any delay in the delivery of the order for a cause which is external to the Seller and beyond its control may not be blamed on the Seller under any circumstances.
For any action taken by the Customer against the Seller due to the manufacture of the Product(s), their packaging and storage (with the exception of those stored by the Seller), an intervention or warranty claim with the manufacturer(s), supplier(s) or other will be carried out.
11 - Intellectual property
All elements of the site https://cosplaysmart.com are and remain the intellectual and exclusive property of the company Cosplay Smart . No one is authorized to reproduce, exploit, rebroadcast, or use in any capacity whatsoever, even partially, elements of the site whether software, visual or audio. Any simple or hypertext link is strictly prohibited without the express written consent of the company Cosplay Smart .
The Seller grants the Customer all industrial and intellectual property rights to the Services or Provisions. No claim by the Seller may be made in the event of copying, reproduction, modification or resale.
12 - Protection of personal data
Cosplay Smart reserves the right to collect personal information and data about you. They are necessary for the management of your order, as well as for the improvement of the services and information that we send you.
This information and data is also retained for security purposes, in order to comply with legal and regulatory obligations.
In accordance with Law No. 78-17 of January 6, 1978 and the provisions of the General Data Protection Regulation (GDPR) No. 2016/679, the Customer has the right to query, access, modify, oppose and rectify his/her personal data by contacting the Seller:
By email to the following address: contact@cosplaysmart.com
By mail to the following address: Yolaine DEPLACE, 59 avenue de la mer, B30, 83140, Six-fours-les-plages
13 - Force majeure
The Seller's liability may not be implemented if the non-performance or delay in the performance of one of its obligations described in these general conditions of sale results from a case of force majeure within the meaning of article 1218 of the Civil Code.
14 - Applicable law and competent jurisdiction
These general conditions are subject to French law. French law and the French courts shall have jurisdiction in the event of any dispute or litigation arising between the Parties.
15 - Proof Archiving
Cosplay Smart will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code.
The computerized records of the company Cosplay Smart will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
Terms and Conditions of Use of the Site
15 - Users
All Users undertake to make appropriate use of the Site, to provide truthful information about their structure, contact details and all information communicated when they register.
16 - Customers
Each Customer undertakes to keep their data up to date each time they are required to use them on the Site. They also undertake not to commit illicit or illegal activities, not to disseminate content or propaganda contrary to good morals, good faith and public order.
17 - Registration procedures
Each User must provide the information requested by the Site for any account creation, namely:
- Name
- First name
- Date of birth
- Postal address
- E-mail address
- Phone number
- Pseudo
The User will create a personal and unique password on this occasion. The Customer must accept these general conditions of sale and use, downloadable at any time. As soon as the creation of the account is validated, a confirmation email will be sent to the address provided on this occasion.
17 - Order process
Any order is subject to the creation of a personal account or a connection to the existing one, if applicable. The Customer will have all the information relating to the Services and the Benefits, their description, and their reference, before any order validation. The order process is as follows:
- Selection of a Service or Benefit available on the Site and desired by the Customer and addition of the product(s) to their online basket,
- At the end of the selection and before any order validation, the Customer has access to his basket and the summary of the Services or Benefits desired, the unit price of each item, any delivery costs and the total amount. He has the possibility of adding or removing items.
- For the purchase of one or more product(s), the Customer provides the information relating to the delivery of his order and then selects the desired payment method. As part of the Services, he selects the payment method and proceeds to payment.
- The order is validated once the payment is accepted. The Customer then receives all the information relating to the confirmation of his order.
The Customer has all the legal information which can be found in the general conditions of sale and use (which can be consulted or downloaded at any time) on the one hand and in the order confirmation email (which can be printed at any time) on the other hand.
18 - Responsibility relating to the Use of the Site
The Site shall not be held liable for any damages or losses of any nature whatsoever, which may result from errors or omissions in the contents, a lack of availability of the Site or the transmission of viruses, malicious or harmful programs, despite the fact that all technological measures aimed at avoiding this inconvenience have been adopted. The Site declines all liability for the possible consequences of a User connecting to the Site via an unsecured and/or faulty internet network.
Annexes
Article L217-5 of the Consumer Code:
“The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L127-6 of the Consumer Code:
"The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them."
Article L127-7 of the Consumer Code:
“Any lack of conformity which appears within twenty-four months from the delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L127-8 of the Consumer Code:
"The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew about or could not have been unaware of when he entered into the contract. The same applies when the defect originates in the materials that he himself supplied."
Article L127-9 of the Consumer Code:
“In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L127-10 of the Consumer Code:
"If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.
The same faculty is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be achieved without major inconvenience for the latter taking into account the nature of the property and the use that he is seeking.
The sale cannot, however, be cancelled if the lack of conformity is minor.
Article L127-11 of the Consumer Code:
“The application of the provisions of Articles L. 217-9 and L. 217-10 takes place without any cost to the buyer.
These same provisions do not prevent the allocation of damages.
Article L127-12 of the Consumer Code:
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”
Article L127-13 of the Consumer Code:
"The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law."
Article L127-14 of the Consumer Code:
“The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the civil code.”
Article L127-15 of the Consumer Code:
"The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to the reimbursement of the purchase price, the replacement or repair of the good or the provision of any other service in relation to the good, in addition to its legal obligations aimed at guaranteeing the conformity of the good.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor.
Furthermore, it clearly and precisely states that, regardless of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to rely on it.
Article L138-2 - Consumer Code
In the event of a breach by the professional of his obligation to deliver the goods or provide the service on the date or at the end of the period provided for in the first paragraph of Article L. 138-1 or, failing that, no later than thirty days after the conclusion of the contract, the consumer may terminate the contract, by registered letter with acknowledgement of receipt or by writing on another durable medium, if, after having ordered, in the same manner, the professional to make the delivery or provide the service within a reasonable additional period, the latter has not complied within this period.
The contract is considered terminated upon receipt by the professional of the letter or written document informing him of this termination, unless the professional has performed in the meantime.
However, the consumer may immediately terminate the contract when the professional refuses to deliver the goods or provide the service or when he does not fulfil his obligation to deliver the goods or provide the service on the date or at the end of the period provided for in the first paragraph of the same Article L. 138-1 and that date or period constitutes an essential condition of the contract for the consumer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the consumer before the conclusion of the contract.
Article L138-3 - Consumer Code:
When the contract is terminated under the conditions set out in Article L. 138-2 , the professional is required to reimburse the consumer for all sums paid, at the latest within fourteen days following the date on which the contract was terminated. The sum paid by the consumer is automatically increased by 10% if the reimbursement occurs at the latest thirty days beyond this term, by 20% up to sixty days and by 50% thereafter.
Article D441-5 - Commercial Code:
The amount of the fixed compensation for recovery costs provided for in the twelfth paragraph of I of Article L. 441-6 is set at 40 euros.
Article 1218 - Civil Code:
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is terminated automatically and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 .
Article 1348 - Civil Code:
The above rules are still subject to exception when the obligation arises from a quasi-contract, a tort or a quasi-delict, or when one of the parties either did not have the material or moral possibility of obtaining literal proof of the legal act, or has lost the title which served as literal proof, as a result of a fortuitous event or force majeure.
They also receive an exception when a party or the depositary has not kept the original title and presents a copy which is not only a faithful but also a durable reproduction. Any indelible reproduction of the original which results in an irreversible modification of the medium is deemed durable.
Article 1641 - Civil Code:
The seller is liable for the warranty against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.