CONDITIONS

Please review the following terms and policies carefully as they are the terms of sale that govern your purchases at CosmoStory Sarl (“refer as “CosmoStory”). They set out your rights and obligations with respect to your purchases, including important limitations and exclusions. Your placement of an order at CosmoStory constitutes your agreement that these policies apply to the order, so be certain you understand them prior to placing your order.

Terms of Use Agreement

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

This Terms of Use Agreement (the “Agreement”) describes the terms and conditions applicable to your use of the CosmoStory web site which is identified by the uniform resource locator www.cosmostory.com (the”Site”). This Agreement is entered into between you as the user of the Site (the “User”) and the owner of the Site (“CosmoStory Sarl”).

1. Application and Acceptance of Terms and Conditions.

1.1 For purposes of this Agreement, a “User” is any person who accesses the Site for whatever purpose, regardless of whether said User has registered on the Site as a registered User or whether said User is a paying customer for a specific service provided by CosmoStory. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.

1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.

1.3 CosmoStory may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by CosmoStory of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of CosmoStory.

1.4 When you visit www.cosmostory.com or send customer requests to CosmoStory, you are communicating with CosmoStory electronically. You consent to receive communications from CosmoStory electronically. CosmoStory will communicate with you by e-mail or by posting notices on this site.

2. Users Generally.

2.1 Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the “www.cosmostory.com Content”) for the purpose of re-selling or re-distributing the CosmoStory Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with CosmoStory, or otherwise commercially exploiting the CosmoStory Content. Systematic retrieval of CosmoStory Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from CosmoStory is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

2.2 CosmoStory reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall CosmoStory be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.

2.3 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by CosmoStory and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.

2.4 We urge that you read CosmoStory’s Privacy Policy which governs the protection and use of each User’s information in the possession of CosmoStory. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that CosmoStory may change the Privacy Policy from time to time provided that CosmoStory shall make available the updated version of the Privacy Policy on the Site at all times. Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Policy which is then displayed on the Site at the time of such use.

2.5 As a condition of your access to and use of CosmoStory, you agree that you will not use the CosmoStory service to infringe the intellectual property rights or other legitimate rights of others in any way. CosmoStory will in appropriate circumstances terminate the accounts of Users who are repeat infringers of the copyrights, or other intellectual property rights, or other legitimate rights of others. In addition, CosmoStory reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the CosmoStory service, or if CosmoStory believes that User’s conduct is harmful to the interests of CosmoStory or other users, or for any other reason in CosmoStory’s sole discretion, with or without cause.

3. Registered Users

3.1 Each User who has completed and submitted a registration form either online on the Site or offline by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) to CosmoStory providing the relevant specific services is a registered user of the Site (a “Registered User”). An account (“Account”) will be established for each Registered User and each Registered User will be assigned a user alias (“User ID”) and password (“Password”) for log-in access to its own Account.

3.2 If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to CosmoStory and its affiliates during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.

3.3 By becoming a Registered User, you consent to the inclusion of your personal data in our Buyer Database. CosmoStory may send emails to you or contact you otherwise through your personal data with whatever information CosmoStory would like to convey to you.

3.4 CosmoStory may suspend or terminate a Registered User’s Account at any time by giving no less than 24-hour notice to the Registered User; provided however, that notice is not required for such termination if (a) in CosmoStory’s determination, there is any breach of the provisions of this Agreement by the Registered User, or (b) CosmoStory has reasonable grounds to suspect that any information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) CosmoStory believes that the Registered User’s actions may cause financial loss or legal liability to such Registered User.

3.5 A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of CosmoStory. CosmoStory may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.

3.6 Notwithstanding Section 3.1 above, CosmoStory may refuse registration and deny the issuance of an Account and associated User ID and Password to any User for whatever reason.

4. Limitation of Liability

4.1 To the maximum extent permitted by law, the features and services on the site are provided on an “as is” and “as available” basis, and CosmoStory hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.

4.2 Under no circumstances shall CosmoStory be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

4.3 Each User hereby agrees to indemnify and save CosmoStory, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the Site (including but not limited to the display of such User’s information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save CosmoStory, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User’s breach of any representations and warranties made by User to DX.com. Each User hereby further agrees to indemnify and save CosmoStory, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that CosmoStory is not responsible and shall have no liability to it, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. CosmoStory reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with CosmoStory in asserting any available defenses.

4.4 CosmoStory shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:

• the use or the inability to use the Site;

• any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;

• violation of Third Party Rights or claims or demands that Users’ manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;

• unauthorized access by third parties to data or private information of any User;

• statements or conduct of any User of the Site; or

• any matters relating to Premium Services however arising, including negligence.

4.5 Notwithstanding any of the foregoing provisions, the aggregate liability of CosmoStory, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each User for all claims arising from the use of the Site or the CosmoStory service shall be limited to the greater of (a) the amount of fees the User pays to CosmoStory or its affiliates in the 12 months period prior to the action giving rise to liability and (b) US$100. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or the CosmoStory service must be filed within one (1) year from the date the cause of action arose.

5. Intellectual Property Rights

5.1 CosmoStory is the sole owner or lawful licensee of all the rights to the Site and the CosmoStory Content. The Site and CosmoStory Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and CosmoStory Content shall remain with CosmoStory, its affiliates or licensors of the DX.com Content, as the case may be. All rights not otherwise claimed under this Agreement or by CosmoStory are hereby reserved.

6. General

6.1 This Agreement and the Privacy Policy constitute the entire agreement between the User and CosmoStory with respect to and governs the use of the Site, superseding any prior written or oral agreements in relation to the same subject matter herein.

6.2 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

6.3 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

6.4 CosmoStory’s failure to enforce any right or failure to act with respect to any breach by a User under this Agreement will not waive that right nor waives CosmoStory’s right to act with respect with subsequent or similar breaches.

6.5 CosmoStory shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement). The User may not assign, in whole or part, this Agreement to any person or entity.

6.6 This Agreement shall be governed by the laws of France without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of France.

6.7 If there is any conflict between the English version and another language version of this Agreement, the French language version shall prevail.

Return Policy

Please review these policies carefully as they are the terms of sale that govern your purchases at www.cosmostory.com (hereinafter known as CosmoStory). They set out your rights and obligations with respect to your purchases, including important limitations and exclusions. Your placement of an order at CosmoStory constitutes your agreement that these policies apply to the order, so be certain you understand them before you place your order.

Return DOA (Dead on Arrival) Item

Any products , dead on arrival (incorrect usage excluded) within 5 days after delivery or 30 days after shipment if the delivery date is not traceable (The order shipment date and order notification are provided to you by email). [*]

In this case, please kindly provide us with proof as below:

• The photos of original CosmoStory package with front and back sides

• The photos or video of the defective item(s)

• The photos, video or screenshot showing the malfunction of the defective item(s)

In a DOA Situation: a reimbursement for return shipping fees is available, provided that:

• Return the item(s) by ordinary mail (the least expensive way) with tracking number to the nearest Product Drop Off Box (see details below); If the mail service with tracking number costs more, you may choose the one without tracking. Please be sure to keep the shipping receipt with you after return. We will process for you upon receiving the screen shot of your receipt.

• The return shipping fee is less than 35% of the defective item(s) value, and also less than $40 (USD), we will cover the actual postage (according to the receipt you provided). If the return shipping fee exceeds the limit above, please contact our CS staff to further confirm it.

Return Defective Item

We will try our best to make sure the products shipped to our customers are in the best condition. If your product (only for items without Special Warranty terms in the product description and physical damage or incorrect use excluded) turns out to be defective:

Within 60 days (from the date of shipment) [**]

Policy: Upon being returned, the defective item will be refunded or replaced for free. Return shipping fee reimbursement is 35% of the item’s price up to a maximum of $40.

Detail: The products get damaged (physical damages and damages caused by incorrect usage excluded) within 90 days after shipment (The order shipment date and order notification are provided to you by email). Customer may mail the products back to us. Full refund or replacement plus shipping cost reimbursement will be issued to you upon receipt of shipping proof (available tracking number or a screen shot of shipping receipt).

Note for return:

Return the item(s) by ordinary mail (the least expensive way) with tracking number to the nearest Product Drop Off Box (see details below); If the mail service with tracking number costs more, you may choose the one without tracking, please be sure to keep the shipping receipt with you after return. We will process for you upon receiving the screen shot of your receipt.

The return shipping fee is less than 35% of the defective item(s) value, and also less than $40(USD). We will cover the actual postage (according to the receipt you provided). If the return shipping fee exceeds the limit above, please contact our CS department for further confirmation.

Return Incorrect Item Received

If the item you received is completely different from the one you ordered, please contact us via our Customer Service and provide us the picture proof of the error.

If return is necessary, replacement plus shipping cost reimbursement will be issued to you on receipt of return proof. Please be sure that the incorrect item you return is in the original package and the merchandise is in the same condition in which it was received.

For the incorrect item, if you are able to find a use of it and prefer to keep it, you may suggest that to us and we will offer you a certain discount for buying it.

After receiving the incorrect product, please kindly provide us with proof as below:

• The photos or video of the incorrect item(s)

• The photos, video or screen shot showing the malfunction of the defective item(s)

Because different batches of the products are supplied, the item logo or packaging you received may vary from the one displayed on our website. If all the functions and appearance of the product prove to be correct, please understand that this case will not be included in this policy.

Return Unsatisfactory Products

If you are not happy for any reason with your purchase, then just return it within 10 days of receipt for a full refund or an exchange. If the return is not a result of our error, customers will be required to cover shipping cost both ways. And please make sure the item you send back to us is in the original packaging, and the merchandise is in the same condition.

Our Drop Off Box For Return

Defective Item Drop Off Box for customers from Australia, New Zealand

ATTN: COSMOSTORY

8705 Jefferson Street
Bethesda, MD 20817

Important Notes

• All customers should contact us by Customer Service (contact@cosmostory.com) before returning any item(s). CosmoStory will not be responsible for returned item(s) without notifying us in advance. When contacting CosmoStory please include the following information

◦ Photos of the front and back of the packaging envelope or box

◦ Partial shipment slips (if applicable)

◦ Photo, video, screenshot, or description of the defective item

◦ Photo, video, screenshot, or description of the defect or defective area

• Please keep all packaging material and partial shipment note(s) as they’re needed for returns. After mailing back the products, please be sure to provide us the tracking number of the returned package, if there is no tracking number available, a picture of shipping receipt is necessary. If neither of them can be provided, we might have to hold processing for you until the package arrives at our warehouse which may take one to two months, please kindly note.

• Refunds can be taken as cash through PayPal. Full PayPal cash refunds can only be issued within 90 days of order placement. Customers are responsible for all PayPal fees (if any) issued after 90 days of order placement.

• If possible, please make sure you have checked the package contents before you sign for it. In case of damage or empty, please refuse to accept it and contact us. Once you sign for the item, you are signing acceptance of the integrity of all products as is and CANNOT refute the charges for the empty package.

• Please use the cheapest way to ship the item(s) back. Courier services such as EMS, UPS, FedEx, TNT, DHL etc. are NOT eligible for return shipping cost reimbursements.

• Please remember to include a note in your package indicating the following details:

• your order number;

• A short description of the problem(s) of the defective item(s). This note will help expedite the processing time for you.

• CosmoStory reserves the right to make changes and/or improvements to this policy. Any changes will be updated on the Support section to keep the customers informed.

• If there are any further inquiries, please contact our Customer Services for more information.

Footnote

* If your product is dead on arrival and the package takes longer (more than 30 days) to reach you, please contact us and offer the available proof of the delivery date within 5 days, we will then process for you according to the policy.

** During the rush season (such as Christmas) and holidays (including unforeseen delays) the warranty period will be extended

Privacy

MENTION 1
Personal data collected in the form

Informations collected by CosmoStory are treated automatically in order to process your order.

According the law « informatique et libertés » from the 6 January 1978 modified in 2004, you have the right to access your personnel data and change them by contacting CosmoStory at he following email address:  contact @ cosmostory.com

MENTION 2
Your personal data will not be share or sold to an other party for any purpose.
If you subscribe to the newsletter, you may receive offers and informations related to the product you ordered.
You can at any time unsubscribe from the newsletter on your profile data.

CosmoStory
RCS MANOSQUE 538 310 046
4, avenue de l’Observatoire
04300 Manosque
FRANCE
Email : contact @ cosmostory.fr