TERMS & CONDITIONS
ARTICLE 1 - GENERALITIES AND DEFINITIONS
The present GCS are concluded between KOSIRIS Meriem, registered in the RCS under number 881 220 891, with registered office at 16 avenue de Verdun 92170 Vanves, on the one hand, and any person who has made a purchase on the website www.kosiris.com, hereinafter "the customer", on the other hand.
The KOSIRIS shop is hosted on the e-commerce platform Shopify Inc.
Publishing Director: Meriem
Any questions regarding the GTC can be directed to firstname.lastname@example.org.
"The parties" refers to KOSIRIS and the users of the site.
"The User" means any natural or legal person accessing www.kosiris.com, whether or not they are a customer.
"Customer" means any user who makes a purchase through www.kosiris.com and/or who has a personal account on the Site.
"Personal Data" means all personal information about the customer provided by the customer when placing the order.
"Order" refers to the process during which the customer selects the products and delivery options he/she wishes, and pays the amount to be paid for the delivery. Once completed, KOSIRIS takes over the customer's order to ship the products purchased under the terms of these GCS.
"The Products" refers to the products available for sale on the Site.
"The contract" refers to these GCS. The customer waives the right to rely on any other document that is contrary to the contract.
ARTICLE 2 - SCOPE OF APPLICATION AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE
Any purchase on the www.kosiris.com website automatically implies acceptance of all these GTC.
The GTC are subject to change at any time without notice.
The GTC are notified to users for their acceptance before placing any order on the site.
The user declares to have obtained from KOSIRIS, prior to his order, all information on the products and delivery conditions.
Each new order requires the acceptance of the GCS by the user, which he/she acknowledges and accepts.
The user declares that he/she is a natural person of legal age with the legal capacity to place an order on the site. Failing this, the user must have the authorisation of his or her legal representative to place the order, which he or she acknowledges and accepts.
ARTICLE 3 - ACCOUNT CREATION AND ORDER
The user may browse www.kosiris.com without any obligation to make a purchase.
To place an order, it is not necessary to create a personal account on the site. If he/she wishes to make a purchase, the customer selects the products of his/her choice, adds them to his/her basket and proceeds to payment. For the completion and proper execution of your order, certain personal data of the customer are necessary and mandatory.
The customer certifies the accuracy of the data necessary for the invoicing and delivery of the order transmitted to KOSIRIS.
The customer is solely responsible for any errors or omissions and KOSIRIS cannot be held liable in this respect.
The order is validated once KOSIRIS has received payment in full.
Once the purchase has been completed, the customer receives an email confirming that the order has been taken over by KOSIRIS.
KOSIRIS will send the customer an invoice by e-mail to the address indicated when placing the order.
The customer has the possibility of creating a personal account that allows him to follow the history of his orders on the site, to find the corresponding confirmations and invoices, and to place a new order if he wishes to do so. To proceed with the creation of a personal account, certain personal data of the customer are required.
In the event of fraudulent use of his account, the user must alert KOSIRIS as soon as possible at email@example.com.
KOSIRIS undertakes to honour validated orders, subject to available stocks.
The customer will be informed by email in the event of unavailability of one or more products after placing the order.
The customer may choose between being reimbursed the amount corresponding to the unavailable products ordered, or having them delivered when the products in question are back in stock (except in the event of a definitive withdrawal from the catalogue).
In any case, KOSIRIS cannot be held liable for any loss suffered by the customer, nor for any damages.
KOSIRIS reserves the right to modify, interrupt or suspend the sale of the products offered on the site at any time, without prejudice to orders placed by the customer.
ARTICLE 4 - PERSONAL DATA
Personal data is collected by KOSIRIS when an order is placed or when the customer creates a personal account. The creation of a personal account is not compulsory to place an order on the site, the customer having the possibility to place an order as a "guest". When placing an order, the customer must provide certain personal data that KOSIRIS collects. These are the customer's surname, first name, e-mail address, postal address and telephone number. The same personal data is required to create a personal account. This personal data is subject to automated processing for the purpose of managing the order and the KOSIRIS customer portfolio, as well as for commercial and statistical prospecting purposes. They may be transmitted to KOSIRIS's commercial partners who contribute to the delivery of products and the making of payments, solely for this purpose, which the customer expressly acknowledges and accepts. In addition, as part of the online payment services used by KOSIRIS, these services collect certain personal data from customers on behalf of KOSIRIS. These data are kept for the time necessary for the purposes for which they are collected and processed, i.e. for the completion of the order placed by the customer, unless :
- a longer storage period is authorised or imposed by a legal or regulatory provision;
- the customer has exercised, under the conditions indicated below, one of the rights granted to him by law.
In addition, where the customer has created a personal account, the personal data communicated for this purpose is retained until the account is deleted, which may be requested from KOSIRIS under the conditions described below.
Subject to the customer's express acceptance by means of check boxes, the customer's e-mail address may also be used by KOSIRIS for registration and the sending of a newsletter and/or the transmission of promotional offers.
In the event that the customer no longer wishes to receive a newsletter and/or promotional offers, the customer has the possibility of changing their choice by contacting KOSIRIS under the conditions set out below or by using the unsubscribe links provided in the messages.
Access to personal data is strictly limited to KOSIRIS employees, who are authorised to process it by virtue of their duties. The data collected may possibly be communicated to third parties linked to KOSIRIS by contract for the performance of outsourced tasks necessary for the management of the order, without the customer's authorisation. It is specified that, within the framework of the performance of their services, the third parties have only limited access to the data and are under a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, KOSIRIS undertakes not to sell, rent, lease, transfer or give third parties access to the data without the prior consent of the Customer, unless it is obliged to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of rights of defence, etc.).
In accordance with the applicable legal and regulatory provisions, in particular Law no. 78-17 of 6 January 1978 as amended relating to data processing, files and freedoms and European Regulation no. 2016/679/EU of 27 April 2016, the User benefits from a right of access, rectification, portability and deletion of his data or limitation of processing. He or she may also, for legitimate reasons, oppose the processing of data concerning him or her.
You may thus demand that personal data concerning you which is inaccurate, incomplete, ambiguous or out of date be corrected, supplemented, clarified, updated or deleted. The user's personal data is also deleted when the user expressly withdraws his consent to the collection and processing of his personal data, without prejudice to KOSIRIS' legal obligations. The user may also, by virtue of the right to portability of his personal data, retrieve the data concerning him for his personal use, or request that it be transferred to a third party, if technically feasible. Each user may also object, for legitimate reasons, to the processing of data concerning him/her and request that the processing be restricted.
To exercise these rights, the user must send a request to the following postal address: 16 avenue de Verdun, 92170 Vanves, or by email to firstname.lastname@example.org, indicating their name and surname. KOSIRIS may ask the user to prove their identity by attaching any necessary documents to their request, in particular a copy of their identity card or passport. KOSIRIS shall use the means at its disposal to process requests relating to users' personal data. In the event of a breach of security of the site or loss of users' personal data, KOSIRIS will inform them by e-mail in accordance with the applicable legal conditions. It will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure data security. Users also have the right to lodge a complaint, which they can exercise with the national supervisory authority, the CNIL. For more information on their rights, users can click on the following link: https://www.cnil.fr/fr/comprendre-vos-droits. In addition, personal data is collected through cookies. KOSIRIS may set cookies on the site. This is an automatic tracking process that records information relating to navigation on the site, and stores information entered during visits to the site in order to facilitate the use of the site. The cookies installed by KOSIRIS are deleted from the Customer's computer terminal after a period of 13 months. Users may oppose their installation and/or delete them by following the procedure indicated in their browser. In this respect, KOSIRIS obtains the express consent of users for the use of these cookies and uses them in application of the legal provisions, including in particular the General Personal Data Protection Regulation. KOSIRIS uses these cookies solely to establish connection statistics and the user's browsing history.
ARTICLE 5 - PRODUCTS
KOSIRIS makes every effort to ensure that product photographs are as close as possible to the products actually delivered to the customer (colour of the products in particular). However, KOSIRIS cannot guarantee that the products are exactly identical to the photographs, in particular due to the technical constraints of making photographs available on the site.
Furthermore, KOSIRIS endeavours to present and describe its products as accurately as possible.
The User declares that he/she is fully aware of the provisions of this article and expressly agrees not to hold KOSIRIS liable in this respect, without prejudice to the application of mandatory legal provisions (in particular the guarantee of conformity).
ARTICLE 6 - PRICES
The prices charged to the customer correspond to those displayed on the site at the time of their order. Prices are indicated in euros, inclusive of all taxes and French VAT. KOSIRIS reserves the right to modify its prices at any time without prior notice.
ARTICLE 7 - PAYMENT
The customer can pay on the www.kosiris.com website by credit card.
KOSIRIS works with the Stripe bank payment solution, which uses the latest and most reliable security systems, including PCI DSS certification. Stripe encrypts data using SSL protocol to ensure data security.
The execution of the order will be carried out after the agreement of the bank payment centre. In case of agreement with the latter, the account will be debited immediately and the order will be validated. In case of refusal, the order will be cancelled.
KOSIRIS reserves the right to cancel any order due to a payment incident.
ARTICLE 8 - PROMOTIONAL CODES
Unless otherwise indicated by KOSIRIS, promotional codes may be used once per customer account and are strictly reserved for a single and personal use only.
KOSIRIS reserves the right, at any time and without notice, to discontinue or modify a discount code if it is shared publicly. The fraudulently shared code(s) may be modified or deactivated, as well as all orders associated with said code(s) without prior notice.
ARTICLE 9 - DELIVERY
The delivery costs will be specified on the site, all taxes included, during the ordering process and must be accepted by the customer at the time of order validation.
They will appear on a specific line, separate from the line specifying the price of the products.
It is expressly stated that the amount of shipping costs may vary depending on the territory in which the products are delivered, which the customer expressly acknowledges and accepts.
Delivery times are indicated on the website and depend on the delivery method chosen by the customer. Delivery times do not include Saturdays, Sundays and public holidays.
In accordance with article L. 216-1 of the Consumer Code, the parties agree that the products will be delivered within the period specified during the product ordering process and prior to the validation of said order.
In the absence of any indication on the site of a delivery period for the products, KOSIRIS undertakes to deliver them within a maximum period of 30 (thirty) days.
However, as KOSIRIS uses external service providers (carriers, postal services, etc.) to deliver the products, KOSIRIS is entirely dependent on these external service providers. The delivery times indicated on the site may therefore be affected by the service providers, without KOSIRIS being responsible for these delivery delays and any consequences that may result from them.
When delivery is made against signature, this is proof of correct receipt of the package. The transfer of risk and responsibility for the products takes place upon receipt of the products by the customer. From this date, the customer shall be solely and exclusively responsible for the products, their use and any consequences that may arise therefrom. Consequently, the customer undertakes to check, at the time of delivery, that the order delivered is complete, conforms and has not been damaged. If this is not the case, the customer undertakes to refuse the order and to sign any supporting documents. Any order received against signature by the customer shall be deemed to be in conformity, complete and in perfect condition at the time of delivery.
ARTICLE 10 - WITHDRAWAL
In accordance with articles L.221-5 et seq. of the Consumer Code, the customer has a period of 14 days from the date of delivery of the order to return any new and unopened product, in its original packaging and in perfect condition, for a refund without penalty.
Therefore, the customer must place the intact packaging containing the product in suitable packaging on which the return label will be affixed, before sending it by post. It will be the customer's responsibility to pay their own postage costs for returning the product. The customer must also enclose a copy of the invoice or any other element that allows the order in question to be identified.
The return of the product is at the customer's risk. If the package is lost, stolen or damaged during the return of the product, KOSIRIS reserves the right to refuse to reimburse the returned products.
Only the customer identified as such to KOSIRIS may exercise this right, to the exclusion of any other person, and in particular the person to whom the delivery is addressed. The return address is: 16 avenue de Verdun 92170 Vanves.
ARTICLE 11 - LEGAL GUARANTEE
In accordance with the provisions of the Consumer Code, products marketed on the site benefit from legal guarantees, i.e. the guarantee of conformity (articles L.217-4 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code), which allow customers to return defective and non-conforming products free of charge.
Guarantee against hidden defects.
In accordance with articles 1641 et seq. of the Civil Code, KOSIRIS is obliged to guarantee against hidden defects in the products sold that render them unsuitable or significantly affect their intended use. The customer may bring an action based on a hidden defect within two years of discovery of the defect.
Within the framework of the legal guarantee for hidden defects, KOSIRIS, at the customer's choice, undertakes, following assessment of the defect, to :
- to reimburse the customer the full price of the product in question;
- to reimburse part of the price of the product if the customer decides to keep it.
Legal guarantee of conformity.
In accordance with articles L.217-4 and following of the French Consumer Code, KOSIRIS is obliged to deliver products in conformity with each customer's order, namely:
- products corresponding to the description given by KOSIRIS ;
- products with the qualities that the customer can legitimately expect in the light of the declarations made by KOSIRIS.
The customer may bring a claim for lack of conformity within two years of delivery of the products, it being understood that any lack of conformity appearing within two years of delivery shall be deemed to exist from the time of delivery.
Within the framework of the legal guarantee of conformity, KOSIRIS, according to the customer's choice, undertakes, following assessment of the defect, to :
- reimburse the price of the product in question
- exchange the product for another that conforms to your order, if possible.
ARTICLE 12 - LIABILITY
KOSIRIS declines all liability for damage of any kind resulting, in particular, from the use of the site or the ordering of products, in particular damage to the reputation and image of the customer, or loss of data that may occur as a result of the use of the site.
In the event that the liability of KOSIRIS is established and retained due to damage suffered by the customer and exclusively to KOSIRIS, this liability is limited to the amount of the order paid by the customer to KOSIRIS.
The user acknowledges that his use of the site is at his own risk. The site is provided to you "as is" and is accessible without any guarantee of availability and regularity.
KOSIRIS will make every effort to ensure that the site is accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond the control of KOSIRIS and subject to maintenance periods, possible breakdowns, technical contingencies linked to the nature of the network or malicious acts or any damage to KOSIRIS equipment or software.
KOSIRIS may under no circumstances be held responsible for a total or partial interruption of the site, whatever the cause, duration or frequency of this interruption.
The site has the technology necessary to date for its access and use, and the presence of possible viruses or other harmful elements, introduced by any means or by any third party, which may cause alterations to the user's computer systems, cannot be excluded.
KOSIRIS offers no guarantee, either explicit or implicit, with regard to the functioning of the site, in particular any technical problems that may arise.
KOSIRIS reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the website, the services or content offered, as well as the right to remove, limit, suspend or prohibit access to them, either temporarily or permanently.
The liability of KOSIRIS under the obligations of the present GCS may not be engaged in the event that the breach of its obligations is attributable to the act of a third party, even if foreseeable, to the fault of the customer, or to the occurrence of an event of force majeure as defined by the French courts and article 1218 of the Civil Code, or to any other event that was not reasonably within the exclusive control of KOSIRIS.
It is agreed that in the event that the liability of KOSIRIS is challenged, whatever the basis and/or nature of the action, only direct and foreseeable damages are liable to give rise to compensation. Therefore, all indirect, consequential and/or incidental damages, such as, for example, business interruption, loss of customers, etc., shall not entitle the user to compensation.
In any case, the liability of KOSIRIS, in the event of damage caused to the customer, for any reason whatsoever, shall be expressly limited and may in no case exceed the total amount excluding tax of the customer's order placed under this contract.
The customer undertakes to use the products in strict compliance with the instructions for use provided by KOSIRIS. Consequently, KOSIRIS shall not be held liable in the event of non-compliant use of the products by the customer or a third party.
ARTICLE 13 - INTELLECTUAL PROPERTY
Without this list being exhaustive, the "KOSIRIS" brand, as well as its derivatives and variations, the logos, the graphic charter, the design, the information, the presentation and the content of the site are the exclusive property of KOSIRIS. The systems, software, structures, infrastructures, databases and content of all types (texts, images, visuals, music, logos, brands, databases, etc.) related to the Site are also protected by all intellectual property rights or database producers' rights in force, of which KOSIRIS is the sole owner or holder of the rights. Any disassembly, decompilation, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the prior written authorisation of KOSIRIS is strictly prohibited and may be subject to legal action.
Any reproduction or representation, in whole or in part, of the site or of its constituent elements, such as the brands, logos, graphic charter, design, information, presentation and content of the site, without this list being exhaustive, is prohibited.
Browsing the site does not imply any transfer of intellectual property rights to the user. KOSIRIS grants the user the right to access and consult the Site only under the terms and conditions set out in these GCS.
ARTICLE 14 - APPLICABLE LAW - SETTLEMENT OF DISPUTES
If one or more provisions of these GCS are deemed invalid or declared as such by virtue of a law, a regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
The fact that one of the parties does not claim against the other party for breach of any of the obligations under the GTC shall not be construed as a waiver of the obligation in question for the future.
In the event of a dispute relating to an order, the customer must first contact KOSIRIS, with a view to finding an amicable solution, by e-mail at the following address: email@example.com.
Referral to the mediator can only take place after the customer has made prior written representations to KOSIRIS.
In addition, in accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an online dispute resolution platform, which facilitates the independent out-of-court resolution of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.
Applicable law and jurisdiction
These GCS are governed by French law, unless otherwise mandatory.
In the absence of an amicable solution and whatever the origin of the dispute, disputes relating to the execution or interpretation of these GCS shall be submitted to the competent courts of Paris, unless otherwise provided. For practical purposes, it is specified that the time limits for taking legal action are not interrupted during the period in which an amicable solution is sought or mediation is requested.
ARTICLE 15 - COMPLAINTS - INFORMATION
Any complaint or request for information relating to these GTC must be sent to Customer Services by e-mail to the following address: firstname.lastname@example.org.