General Terms and Conditions of Sales Cosmos Circle

Updated, 15th of June 2022

Article 1.Legal Notice

This Website, accessible via the following address : www.cosmoscircleparis.com (hereafter the « Website ») is published by the company MADAME W, a simplified joint stock company with a capital of 500 euros, registered in the Paris Trade and Companies Register, under the number 851 524 439, with the headquarters located at 229 Rue Saint Honoré, 75001 Paris (hereafter designated « MADAME W »).

Intracommunity VAT number : FR5085124439

The director of the Website publications is Ms. Sophie Warlouzé

COSMOS CIRCLE can be contacted via the following email address : welcome@cosmoscircleparis.com

The Website host is OVH SAS, a subsidiary company of the OVH Groupe SA, with a capital of 10 174 560 euros, registered at the RCS (Trade and Companies Registry) in Lille, under the number 537 407 926 located at 2 rue Kellermann, 59100 Roubaix – Telephone :

 

Article 2.Scope of application of the general terms and conditions of sales

On its Website, COSMOS CIRCLE offers the sale of custom-made jewelry (hereafter the « jewelry »), according to the prescribed terms and conditions provided for in these general terms and conditions of sales (hereafter « GTC »).

The GTC regulates all sales of Jewelry by COSMOS CIRCLE on the Website.

The ordering and purchasing of Jewelry implies the unconditional acceptance of the GTC.

These GTC constitute a contract regulating the relations between the Customer and COSMOS CIRCLE.

 

Article 3.Ordering Jewelry on the Website

1.Presentation of the Jewelry

The Jewelry presented on the site features a description (written by COSMOS CIRCLE) mentioning their key characteristics. The photographs illustrating the Jewelry do not constitute a contractual document.

2.Authorised customers

The purchase of Jewelry on the Website is reserved to natural persons of full legal age acting as customers, in other words acting for purposes not related to their commercial, industrial, artisanal, liberal or agricultural professions or activities.  (hereafter  the  « Customer/s »)

3.Process of Ordering

For the ELEMENTAL and ANTIK GA collections :

The customer is invited to add the desired Jewelry to their basket. Before definitively confirming the order, the Customer is invited to verify a summary of the order and an overview of the elements provided. The Customer has the option to return to previous pages in order to correct or modify the contents of their basket, before confirming the order.

For the ORIGIN collection :

Firstly, the Customer is invited to answer a questionnaire in which their desired Jewelry is described. The Customer can then add the Jewelry to their basket. Before definitively confirming the order, the Customer is invited to verify a summary of the order and an overview of the elements provided. The Customer has the option to return to previous pages in order to correct or modify the contents of their basket, before confirming the order. Once the order is placed, an appointment with a qualified person of COSMOS CIRCLE is proposed to the Customer in order to determine the precise expectations of the Customer. This appointment will be conducted telephonically or via video-call, for a duration of fifteen (15) minutes. COSMOS CIRCLE will then confirm the order of the Jewelry by addressing a confirmation email with a summary of the payment, to the Customer.

Maximum six (6) days after the confirmation of the order, COSMOS CIRCLE presents the Customer with a glyph, via a video-call appointment of fifteen (15) minutes.

At any time, COSMOS CIRCLE reserves the right not to confirm the order of the Customer for any legitimate reason, namely in the event that :

  • The Customer does not respect the GTC in effect during the order ;
  • One of the Customer’s preceding orders is the subject of ongoing litigation ;
  • The Customer has not replied to a COSMOS CIRCLE’s request for a confirmation of the order ;
  • The order consists of quantities exceeding ordinary Customer needs

4. Availabilities of Jewelry

COSMOS CIRCLE endeavours to guarantee the availability of the Jewelry. The Jewelry on sale is available while stocks last.

If, despite COSMOS CIRCLE’s best efforts, one or several of the Jewelry is unavailable following a Customer’s order, COSMOS CIRCLE will inform the Customer by email as soon as possible, and the Customer will have the choice between:

    • delivery of a Jewelry of equivalent price and quality to that of the initial order, or
    • the reimbursement of the price of the Jewelry ordered, within thirty (30) days of the payment.

5.Prices and methods of payment 

The price of the Jewelry is indicated in euros (€), all taxes included.

The payment of the Jewelry orders is conducted in euros (€) by credit card or bank transfer.

If costs of delivery or transport are applicable, they will be added to the price of the Jewelry, and clearly indicated before the order confirmation by the Customer. The total amount owed by the Customer, and the details of this, are indicated on the order confirmation page.

For any order to a country other than a member of the European Union, the Customer is the importer of the product(s) ordered. For all products shipped outside the European Union, the price will be calculated exclusive of tax on the invoice. Customs duties, other local taxes, import duties or state taxes may be payable. These rights and sums are not the responsibility of COSMOS CIRCLE and do not fall under its responsibility. To the extent permitted by law, they shall be entirely at the expense of the Customer and under his responsibility, both in terms of declarations and payments to the competent authorities and/or organisations. COSMOS CIRCLE advises the Customer to contact the competent authorities in his country.

The following credit cards are accepted for payment of the Jewelry : debit card, Visa, Master Card, American Express.

Payment in 3 instalments without charge is possible with KLARNA. It is offered at the time of payment.

The Customer’s account will be debited with the corresponding amount once the (i) credit card information has been verified and (ii) the deduction has been accepted by the bank of issue of the credit card.

In the case of impossibility to deduct the owed funds, the order will be immediately canceled.

 

Article 4.Shipping and delivery

The online sales as presented on the Website are offered to all Customers for delivery across the world.

Delivery consists of physically transferring the Jewelry to the possession of the Customer.

The shipping fees are stipulated during the finalisation of the order, and these fees are accepted when the order is confirmed.

COSMOS CIRCLE commits to delivering the Jewelry within a maximum delay of thirty-two (32) working days after payment of the order (in accordance with the maximum delivery date as stipulated on the Website).

Delivery times are expressed in working days on the Website during the order. These delivery times include the preparation and shipment of the order, as well as the time prescribed by the carrier.

COSMOS CIRCLE commits to shipping the Jewelry in accordance with the times indicated in the basket, as long as the payment of the order is not refused.

However, if one or several of the Jewelry could not be delivered in the time period initially expressed, COSMOS CIRCLE will send an email to the Customer with the new date of delivery.

The Jewelry will be delivered to the address indicated by the Customer during their order. It is the responsibility of the Customer to ensure the delivery address is correct. COSMOS CIRCLE is not liable for delivery delays or failed delivery due to an incorrect delivery address provided by the Customer.

 

Article 5.Reservation of ownership

COSMOS CIRCLE remains the sole owner of the Jewelry ordered from the Website until receipt of the totality of the price payment, including potential shipping and delivery fees.

 

Article 6.Creation of customer account

When an order is placed on the Website, the Customer, if so desired, can create a personal account. Once created, in order to access it the Customer must identify themself by using their email address and a personalised, confidential password. It is the responsibility of the Customer to avoid communicating this password to others. Every Customer commits to conserving strict confidentiality of this data, and in the event of loss, misappropriation or fraudulent use of the Customer’s credentials (email address and/or password), the Customer should inform COSMOS CIRCLE without delay.

After the creation of the personal customer account, the Customer will receive an email confirming the creation of the personal customer account.

Once registered, the Customer commits to :

  • Provide authentic, accurate, up-to-date information when filling out the registration form and in particular, to not use false names or addresses, or unauthorised use of names and addresses
  • Keep the registration data up-to-date, in order to ensure the data remains authentic, accurate and up-to-date.

Article 7.Exchanges, refunds and retraction

The Customer is reminded that, as this is a supply of goods made to the consumer’s specifications or clearly personalized, the Customer does not benefit, when purchasing Jewel(s) on the Site, from the right of withdrawal provided for in the area of distance selling by the Consumer Code, in accordance with Article L. 221-28 3° of the Consumer Code. Thus, the order of the Jewel(s) on the Site is in principle firm and final.

In the event of a purchase on the Site, the Customer, who may be qualified as a consumer within the meaning of the Consumer Code, may benefit from a right of withdrawal. Indeed, even if the Cosmos Circle team makes every effort to provide the Customer with complete satisfaction, the Customer may not be satisfied. Therefore, in accordance with the provisions of the French Consumer Code, the Customer has a period of fourteen (14) days to exercise his or her right of withdrawal from a contract concluded at a distance, without having to give reasons for his or her decision or to bear any costs other than the direct costs of returning the product(s). The Customer may therefore, by bearing the shipping costs related to the return, return the product(s) ordered within 14 (fourteen) days of their receipt, accompanied by the withdrawal form in the appendix and attached to the package upon delivery, duly completed. At the end of this period, no exchange or refund will be made.

In addition, as an exception to the above, products made to the consumer’s specifications or clearly personalized, for example by engraving or specific realization of the glyph, will not be exchanged or reimbursed (= cannot be the subject of a retraction).

The products must also be returned in their case, accompanied by any accessories and certificates, as well as the withdrawal form. Items returned damaged, degraded or modified will not be taken back or reimbursed and will be sent back to the Customer. Products purchased on the Site that have been the subject of a retraction request will be reimbursed within 14 (fourteen) days of their receipt by Cosmos Circle or of the provision by the Customer of proof of shipment, the date used for reimbursement being the first of these events. In all cases, the shipping costs associated with the return of the product(s) will remain the responsibility of the Customer and will not be refunded.

Article 8.Customer service – Claims – Mediation

The Customer can contact COSMOS CIRCLE :

  • Via email, addressed to : welcome@cosmoscircleparis.com indicating the Customer’s name, telephone number, subject of the request and the relevant order number
  • Via WhatsApp : +33651037254, from Monday to Friday, 9am to 9pm (Paris, France time), not including public holidays. (toll-free number)

In case of difficulty occuring during the purchase of the Jewelry on the Website, the Customer is invited to make contact with COSMOS CIRCLE in order to reach an amicable solution.

In accordance with article L.612-1 of the Consumer Code, you can resort to the free-of-charge CM2C mediation service by electronic means (https://www.cm2c.net) or by post : CM2C – 14 rue Saint Jean – 75017 Paris.

In the case of a claim not resolved through amicable means by the customer service of COSMOS CIRCLE, the mediator can be summoned by the Customer for all unresolved consumer related litigation.

The Customer can also access the European platform for the settlement of online disputes and litigation, made accessible online by the Commission via the following link : http://ec.europa.eu/consumers/odr/.

 

Article 9.Intellectual Property

COSMOS CIRCLE is the unique owner of all elements present on the Website, including but not limited to, all texts, files, animated and non-animated images, photographes, videos, logos, drawings, models, software programmes, brands, visual identity, database, Website structure and other elements of intellectual property, and other data or information (hereafter the « Elements »), which are protected by both French and international laws and regulations relating to intellectual property.

Article 10. Personal data and the right to oppose telephone solicitation

During the order, certain data is necessarily provided.

COSMOS CIRCLE processes personal data of the Customer for the purposes of contract conclusion, execution, management and for the issuing of invoices.

COSMOS CIRCLE can also use the Customer’s personal data for purposes of commercial telephone sollicitations, in conformity with the current legal provisions in force.

The processing of personal data is conducted in accordance with the COSMOS CIRCLE’s Privacy Policy. The Customer is invited to read and and review this Policy.

 

Article 11.Responsibility

The use of the Website implies knowledge of and acceptance of the characteristics and limitations of the Internet.

The use and navigation of the Website is done so under the responsibility of and at the expense of the Customer. COSMOS CIRCLE declines all responsibility and cannot be held liable for any damages or viruses affecting the user’s computer equipment or any other hardware during access to the Website, navigation of the Website, or due to downloading content from the Website.

Hyperlinks integrated in the Website, linking to other Internet network resources do not engage the responsibility of COSMOS CIRCLE. In fact, COSMOS CIRCLE has no way of controlling the content of other Internet websites, of which the Customer is expressly informed. Consequently, risks related to the use of the hyperlinks rest fully upon the Customer.

 

Article 12.Legal guarantees

All the jewelry sold on the Website benefits from legal guarantee in conformity with articles L.217-4 and following, of the Consumer Code, as well as guarantee against hidden defects provided for in articles 1641 – 1649 of the civil code.

When the Customer acts in the context of the legal guarantee of conformity :

– the Customer benefits from a time period of two years, counting from the date of delivery of the Jewelry, to take action ;

– the Customer can choose between the reparation or replacement of the Jewelry, subject to the conditions of costs provided for in article L.217-9 of the Consumer Code ;

– the Customer is exempted to provide evidence of the lack of conformity of the Jewelry during the twenty-four months following the delivery of the goods.

The Customer is reminded that the legal guarantee of conformity applies independently of commercial guarantees granted by COSMOS CIRCLE.

The Customer can also decide to implement the guarantee against the defects of the sold good, under article 1641 of the civil code, in a time period of two years counted from the date of discovery of the defect. In this event, the Customer can choose between the rescission of the sale or a reduction in the price of the sale, in accordance with article 1644 of the civil code.

 

Article 13.Modification of the GTC

COSMOS CIRCLE reserves the right to modify the GTC at any time, without prior warning.

The Customer is thus recommended to regularly consult the GTC in order to become familiar, where applicable, with any modifications introduced.

 

Article 14.Applicable Law – Competent Courts

The GTC are governed by French law. All disputes and litigation related to the validity, interpretation or application of the GTC, failing amicable agreement, is subject to the competence of French courts.

ANNEX : WITHDRAWAL FORM

Please only complete and return this form if you wish to withdraw from the contract.

For the attention of MADAME W, 229 rue Saint Honoré, 75001 Paris, welcome@cosmoscircleparis.com

I am hereby notifying you of my withdrawal from the contract concerning the sale of goods :

Received the :

Name of Customer :

Customer address :

Customer signature (only if the form is in paper hard-copy) :

Date :