GENERAL TERMS AND CONDITIONS OF SALE in force on 08/03/2021
Clause 1: Purpose
The general conditions of sale described hereafter detail the rights and obligations of the company COSMOYA and its customer within the framework of the sale of services in the field of cosmetics.
The purpose of the Company Cosmoya is, in France and abroad, the accompaniment, assistance, advice, execution of all services and all services for the benefit of companies and their managers in the field of cosmetics and perfumery, in particular accompaniment and technical support in the cosmetic formulation, the realization of specifications, research and development, innovation, regulations, monitoring of the production, manufacturing, packaging and marketing of all cosmetic and perfumery products, as well as support, without this list being exhaustive, in marketing issues, project implementation, and continuous improvement initiatives.
Any service carried out by the COSMOYA company thus implies the adhesion without reserve of the purchaser to the present general conditions of sale.
Clause n° 2: Confidentiality
The COSMOYA Laboratory refrains from communicating to third parties, without prior agreement, all or part of the information concerning the studies entrusted to it. All Cosmoya's staff is subject to professional secrecy.
If the customer wishes additional exceptional measures of confidentiality, he must mention it on his order (or equivalent). A model of confidentiality agreement can be proposed at the client's request.
Clause n° 3: Pricing conditions
The price of the proposed services is the one indicated on the personalized estimate made after the initial appointment. They are established on the basis of the data provided by the customer and for normal conditions of execution of the service.
They are denominated in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.
The Cosmoya company is committed to invoice the services ordered at the prices indicated at the time of order registration.
Any change in the object or scope of the service or in the conditions of execution of the service is subject to an over-invoicing.
No discounts will be granted for early payment.
The payment of the orders is carried out :
- either by check ;
- or by credit card;
- or by bank transfer to the account of Cosmoya, indicating the reference of the quotation concerned.
When the order is registered, the buyer will have to pay a deposit of 50% of the total amount of the invoice, the balance being paid at the time of the validation of the formula or at the time of the delivery of the study report according to the type of service performed.
Our financial conditions included on each one are valid for 3 months from the date of issue of the latter.
As a general rule, ownership of the results is only acquired after full payment of the invoice.
Clause no. 4: Late payment
In case of total or partial non-payment of the delivered goods on the day of receipt, the buyer must pay to Cosmoya a late payment penalty equal to three times the legal interest rate.
The legal interest rate is the one in force on the day of delivery of the goods.
As of January 1st, 2015, the legal interest rate will be revised every 6 months (Ordinance n°2014-947 of August 20th, 2014). This penalty is calculated on the amount including all taxes of the amount remaining due, and runs from the due date of the price without any prior notice of default being necessary.
In addition to the late payment penalties, any sum, including the down payment, not paid on its due date will automatically give rise to the payment of a flat-rate penalty of 40 euros due for collection costs. Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code.
Clause no. 5: Resolutive clause
If within fifteen days following the implementation of the clause "Late payment", the buyer has not paid the outstanding sums, the sale will be resolved by right and may give right to the allocation of damages to the benefit of Cosmoya.
Clause 6: Performance of the service
In order for an order to be taken into account, it must include the quotation or order form signed with the mention "good for agreement".
The execution of the service implies the acceptance by the customer of the present general conditions of sale.
The services are carried out in the order in which the orders are recorded. However, certain orders may exceptionally be treated as a priority, with a price increase for urgency.
In terms of research, Cosmoya cannot be held to a guarantee of results.
The starting date of the work is the date of receipt of the signed order form and the samples necessary for the performance of the service.
The deadlines are dependent on the supply of information and/or samples from various suppliers. They are given as an indication and cannot be opposed to Cosmoya.
Clause n° 7: Retention of title clause
Cosmoya retains ownership of the services sold until full payment of the price, in principal and accessories. As such, if the buyer is subject to a receivership or liquidation, Cosmoya reserves the right to claim, within the framework of the collective procedure, the ownership of the researches sold and unpaid.
Clause n° 8: Communication of results
The communication of the results is carried out on the one hand by sending the representative samples of the finished product by post and on the other hand by providing in electronic format all the information necessary for the proper processing of the file.
All reports and elements provided are exclusively intended for the client, unless otherwise specified in writing by the client.
Clause n° 9 : Force majeure
Cosmoya's responsibility cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in the present general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
Clause n° 10: Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
Failing amicable resolution, the dispute will be brought before the Commercial Court of Bordeaux.