Terms and Conditions
COSYDHARMA.COM IS A SERVICE OF ALPENESS (Switzerland) SARL
Head office:
Alpeness SARL
Rue Pichard 20
1003 Lausanne, Switzerland
IDE number CHE-377.042.035
Last updated on: 08/14/2024
Article 1 - Scope
1.1 These General Terms and Conditions exclusively govern sales made on the website “ www.cosydharma.com ” (the “ Website ”) of Alpeness SARL (Switzerland) of all products marketed by COSY DHARMA, in particular editorial products (books, CDs, videos, DVDs, video games, etc.), technical products (TV, computers, telephony, photos, small household appliances, etc.) as well as products in the toys and home sections (the “ Products ”).
1.2 These T&Cs apply to the exclusion of all other general conditions issued by COSY DHARMA.
Article 2 – Placing an order, conclusion of the contract
2.1 The customer declares to have read and accepted these General Terms and Conditions when validating his order on the Website. Validation of the order by the customer constitutes acceptance of these General Terms and Conditions and their integration into the contract that will be concluded with COSY DHARMA at the time of acceptance of the order by COSY DHARMA according to the terms described below.
2.2 Once the order has been placed by the customer, a summary of the information of an order will be communicated to the customer via an order confirmation email sent by COSY DHARMA. The contract is concluded with the customer when COSY DHARMA confirms the customer's order.
2.3 COSY DHARMA remains free to accept or not the orders transmitted to it on the Website. COSY DHARMA may also cancel a contract at any time. The cancellation of an order does not give any right or claim to the customer or a third party against COSY DHARMA, subject to the restitution of the sale price of the Product whose sale is canceled.
2.4 COSY DHARMA is a retailer selling products to individuals and is not intended to sell Products to professionals acquiring said Products for the purpose of reselling them. As such, COSY DHARMA reserves the right to refuse orders for the same Product in large quantities, starting from 3 identical items.
Article 3 – Price
3.1 The prices of the Products are indicated in EURO (and include VAT and other taxes to be levied, in particular royalties on private copies (SUISA) or the recycling tax (SWICO) as well as any possible reductions applicable at the time of placing the order.
3.2 Processing and shipping costs are not included in the price of a Product. Processing and shipping costs are additional.
3.3 COSY DHARMA reserves the right to modify its prices at any time. However, the Products will be invoiced at the price indicated at the time of validation of the order by the customer.
Article 4 – Promotional offers
COSY DHARMA may provide its customers with promotional codes. These codes are non-transferable and must not be communicated to third parties under any circumstances. In the event of abuse of promotional codes, COSY DHARMA will be authorized to withdraw from the sales contract with the customer, claim the return of the Products and assert any damage it may have suffered. COSY DHARMA may also claim from the customer who has abused a promotional code an amount of EURO 75.-- as administrative and management costs.
Article 6 – Offer of Products on the Website
6.1 COSY DHARMA's Product offers are valid as long as they are visible on the Website, within the limit of available stocks, and excluding promotional operations mentioned as such on the Website. In the event of unavailability of a Product after confirmation of the order by COSY DHARMA, COSY DHARMA will inform the customer by e-mail. The customer's order will be automatically cancelled and the customer will be reimbursed for the amount paid.
6.2 The photos of Products appearing on the Website are used for illustrative purposes and do not bind COSY DHARMA. COSY DHARMA invites the customer to refer to the description of each Product to know its precise characteristics; and in case of doubt or if the customer wishes to request additional information from the customer service contactable by email at contact@cosydharma.com .
6.3 In a constant effort to improve the Products, COSY DHARMA reserves the right to make and/or have made certain modifications without notice to the Products sold on the Website, to the technical and advertising documentation. These modifications may in no case legitimize the customer to issue a claim aimed in particular at canceling the order or replacing the Products ordered.
6.4 Furthermore, COSY DHARMA reserves its right to remove certain Product references from the Website without notice.
Article 7 – Delivery
7.1 The Products are delivered to the delivery address indicated by the customer during the order process and within the time indicated on the customer's order validation page.
7.2 The transfer of risks (including loss or deterioration of a Product) occurs at the time of receipt of the goods by the customer.
7.3 The delivery time corresponds to the shipping time indicated on the product sheet to which is added the processing and delivery time.
7.4 Delivery times are given for information purposes only and are in no way binding on COSY DHARMA. The customer is required to accept his order even if it is delivered after the indicated deadline, in particular in the event of temporary unavailability of the Product ordered.
7.5 When the customer orders several Products at the same time and these have different delivery times, the delivery time of the order is estimated on the basis of the longest delivery time. COSY DHARMA is however authorized to split the shipments. Participation in the processing and shipping costs will only be charged for a single shipment.
7.6 The customer is invited to regularly check his order tracking and to contact Customer Service for any questions or in case of problems. All information is also indicated on the website www.cosydharma.com .
7.7 In case of payment by credit card and split deliveries, only the Products shipped are debited. In case of payment by debit card, the amount of the order is debited at the time of order confirmation.
Article 8 – Reservation of ownership
Subject to any contrary provisions provided for by applicable legislation, ownership of the Product delivered will not pass to the customer before full payment of the aforementioned Product. COSY DHARMA reserves the right to register the retention of title agreement in the public register held by the competent prosecution office.
Article 9 – Payment
9.1 Any order validation implies the obligation on the part of the customer to pay the price indicated. Payment for the goods can be made by [credit card, debit card].
9.2 By validating his order, the customer authorizes COSY DHARMA to use the services of third-party organizations or a financial intermediary, in particular to ensure the customer's solvency or due to legal obligations regarding money laundering.
9.3 In the event of payment by credit card, the debit of the customer's account is only made at the time of dispatch of the order, except if the payment is made by debit bank card, in which case the debit is made at the time of confirmation of the order by COSY DHARMA.
Article 10 - Right to withdraw from the contract
10.1 COSY DHARMA offers the customer the possibility of withdrawing from the contract and returning the goods within 30 days from receipt of a Product (deadline extended until January 15 of the following year for any order taken from November 15).
10.2 In the event of exercising the right to withdraw from the contract within the period referred to in the previous article, the price of the Product(s) purchased and the shipping costs will be refunded to the customer in the form of an exchange for another product or a refund, subject to the following:
1) the Product(s) must be returned in their original and complete condition (packaging, accessories, instructions, etc.) in order to allow the Product(s) to be put back on sale in new condition and,
2) the Product(s) must be accompanied by a copy of the purchase invoice.
10.3 For Products that have been unpacked, reconditioning costs may be invoiced to the customer according to the COSY DHARMA rates in force and a discount representing a maximum of 20% of the value of the returned Product may be applied depending on the condition of the Product.
10.4 The benefits obtained when purchasing a Product, in particular through a promotional code, will be cancelled in the event of return of the Product accompanied by a refund of said Product.
10.5 The right to withdraw from the contract cannot be exercised for audio, video or computer software recordings unsealed by the customer, goods made to the customer's specifications or personalized and goods unsealed by the customer and which cannot be returned for reasons of hygiene or health protection.
Article 11 – Duty to verify the Product delivered to the customer – Notice of defects
11.1 The customer must inspect the delivered Product and must notify the carrier or COSY DHARMA of any apparent defect and/or reservations about the delivered Product (for example: damaged package, already opened, etc.) within 48 hours of receipt of the Product. In the absence of notice from the customer within the aforementioned period, the Product is deemed to have been received in good condition, without defects or damage, and accepted as is, with the exception of non-apparent defects.
11.2 In the event of a non-apparent defect being discovered, the customer must notify COSY DHARMA immediately upon discovery of the defect. The customer will lose his rights in the event of late notification.
Article 12 – Warranty
12.1 Subject to compliance with the obligations mentioned in Article 11, all Products sold by COSY DHARMA benefit from a 2-year warranty from the date of delivery of the Product.
12.2 COSY DHARMA undertakes to repair any defective Product at its own expense. If COSY DHARMA is unable to repair the defective Product or if the repair of the Product proves disproportionate, COSY DHARMA may, at its sole discretion, replace the defective Product with another Product deemed equivalent.
12.3 The warranty granted in this Article 12 does not cover defects resulting from external circumstances (shock, fall, battery leakage, humidity, etc.), damage by the customer or a third party, improper handling, use not in accordance with the manufacturer's instructions, software problems (incompatibility, viruses, installation errors, accidental restoration, etc.) or unauthorized modification or repair, as well as defects that are the result of normal wear and tear over time of the Product. In order to avoid any deterioration, the customer must pay particular attention to the protection and packaging of a Product, by protecting it with adequate packaging and transporting it according to the manufacturer's instructions.
12.4 Accessories supplied with the device such as headsets, batteries and accumulators, microphones, films, antennas, lamps, game controllers or any other item peripheral to the main Product, are not subject to any warranty of any kind whatsoever.
12.5 Any defective Product must be returned to COSY DHARMA at its address in Switzerland, accompanied by the purchase invoice. In the event of sending the defective Product, the customer will bear all shipping costs as well as reshipping to the customer.
12.6 Under no circumstances shall COSY DHARMA be held liable to the customer or third parties for any damage, including indirect or consequential, including in particular loss of profit, loss of savings, production, contract, goodwill or opportunity arising from a defect in a Product. This warranty excludes all other legal rights of the Buyer in relation to the warranty for defects in a Product, in particular the rights to invoke an essential error or the warranty for defects according to articles 197 et seq. CO.
Article 13 - Customer service
COSY DHARMA provides its customers with a customer service which can be reached from Monday to Friday by email at contact@cosydharma.com .
Article 14 - Intellectual Property
14.1 COSY DHARMA holds all intellectual property rights to the texts, comments, works, illustrations, works, images as well as the trade names, brands, logos and distinctive signs associated with COSY DHARMA, reproduced or represented on the Website and this, for the whole world. Any partial or total reproduction or representation of the Website or of all or part of the aforementioned elements and other signs found on the Website is strictly prohibited.
14.2 Certain Products, such as software, are subject to restrictions on specific usage rights, regulating copies, public broadcasts, rentals. The customer must comply with the terms applicable to the use of these Products and COSY DHARMA cannot be held responsible for any use that may be made of the Products in this context.
Article 15 – Liability
15.1 With the exception of liability under the warranty in accordance with Article 12, any liability of COSY DHARMA and/or any of its auxiliaries is excluded towards the customer. The applicable mandatory provisions naturally remain reserved. Thus, COSY DHARMA cannot be held liable in particular in the event of non-performance of the Contract due to a third party, in particular a supplier, in the event of a stock shortage or temporary unavailability of the Product.
15.2 In particular, when possible, COSY DHARMA reminds that it is prudent to back up the data contained in the Products purchased. COSY DHARMA cannot be held responsible for any loss of data, files or damage defined in the previous paragraph. The partial or total impossibility of using the Products, in particular due to hardware incompatibility, cannot give rise to any compensation or reimbursement or questioning of the liability of FNAC.
Article 16 - Personal data
16.1 The personal information and data concerning the customer are necessary for the management of his order (including for the prevention of fraud) and for commercial relations with COSY DHARMA. The customer's information and data are kept for security purposes, in order to comply with legal and regulatory obligations and in order to improve and personalize the services that COSY DHARMA offers him and the information that it sends him. By using the Website, the customer consents to the use of his personal data in accordance with the terms and conditions defined in these General Terms and Conditions. The customer's personal data may be transmitted to Alpeness SARL acting under the name COSY DHARMA or to the companies - subcontractors - that COSY DHARMA uses in the context of the execution of services and orders, in particular management, execution, processing and payment.
16.2 In accordance with the law in force, all customers have the right to access, rectify and oppose personal data concerning them. All they need to do is write online to Customer Service or by mail to COSY DHARMA Switzerland, Consumer Service cosydharma.ch – Rue Pichard 20 – 1003 Lausanne Switzerland by indicating to COSY DHARMA his/her name, first name, e-mail, address and if possible his/her customer reference. In order to guarantee the confidentiality of the information, any request from one must be signed and accompanied by a photocopy of an identity document of the customer bearing the signature and the precision on the address to which the information must be sent to the customer. A response will be sent to the customer within 2 months from receipt of the customer's request. The 2-month period is indicative and does not bind COSY DHARMA.
16.3 Depending on the customer's choices made when creating or consulting their customer account, they may be likely to receive offers from COSY DHARMA, as well as companies and brands in the ALPENESS SARL group. If the customer wishes to no longer receive offers, they may request this from COSY DHARMA at any time.
16.4 The customer is informed that data concerning him may be transmitted abroad, in particular to France, in particular to other companies in the ALPENESS SARL group. He is also informed that data may also be transmitted to companies implementing social networks, in particular Facebook, whose servers are located in the United States. In the case of a transfer abroad, COSY DHARMA ensures that it obtains all necessary guarantees in order to secure the transfer.
16.5 The Website is designed to be particularly attentive to the needs of customers. This is among other reasons why COSY DHARMA uses cookies or similar tracking technologies in order to identify and personalize its services and advertisements to the customer, in particular to access their account, manage their shopping cart, memorize their consultations and personalize the offers that COSY DHARMA offers them and the information sent to them. Cookies allow the customer to benefit from personalized advice and to be informed of promotional offers. The customer can go to the "Cookies" section at any time to find out more.
Article 17 – Modification of the General Terms and Conditions
COSY DHARMA may, at its own discretion, modify these T&Cs. Any contract concluded between COSY DHARMA and a customer will be governed by the T&Cs applicable at the time of its conclusion.
Article 18 - Applicable law – Jurisdiction – Processing of complaints
18.1 The contract as regulated by these GTC is subject to Swiss law. Subject to other mandatory jurisdictions, all disputes, disagreements or claims relating to the execution or interpretation of the contract will be submitted to the competent courts in Geneva.
18.2 For any complaints, please contact the customer service at the following address: COSY DHARMA customer service – rue Pichard 20 – 1003 LAUSANNE SWITZERLAND.