The legal warranty of conformity shall be applicable apart from the commercial
warranty that the Product may possibly be covered by. A Customer may decide to take
advantage of the warranty against hidden product defects pursuant to the French
Civil Code, Article 1641 in which case he or she may choose between having the sale
voided or obtaining a sales price reduction pursuant to French Civil Code, Article 1644.
It is pointed out that pursuant to the legal warranty of conformity, a Customer has
a two- (2-) year period from the date of product delivery to take action against the
Seller; he or she may choose between a repair or a replacement of the Product ordered
subject to the cost provisions in French Consumer Code, Article L 217-9; the
obligation to provide proof of Product non-conformity in the 24 months following
Product delivery is waived.
To exercise his or her rights, a Customer will need to inform COSMO CONNECTED™ in
writing of Product non-conformity or the existence of hidden defects within the above
period of time and return the defective Products in the same condition they were when
received with all the accessories (packaging, instruction, charger, etc.).
Under warranty, COSMO CONNECTED™ will reimburse the cost of, replace, or procure
the repair of the Products or components that it deems non-conformant or defective.
Shipping charges shall be reimbursed based on the rate charged, and the return costs
shall be reimbursed upon the presentation of the relevant evidence. Reimbursement for
Products deemed non-conformant or defective will take place in the shortest possible time
but in no case later than fourteen (14) days after COSMO CONNECTED™ determines that
there is a non-conformity or a hidden defect.
The reimbursement will be credited to a Customer's bank account or will be in the form of
a bank check in the Customer's name.
COSMO CONNECTED™ shall not be held responsible under the following circumstances:
• failure to follow the laws of the country to which products are delivered which it will be the
Customer's responsibility to check;
• in the event of improper use or use not as per the operating instructions, faulty installation,
professional use, carelessness, or improper maintenance by a Customer as well as in the
event normal Product wear and tear, an accident, or force majeure;
• run-time error of the application associated with the Product, and more generally, of the
warning device, because of an inability to access the telephone network (namely, in areas
without coverage or because of the network being unavailable), a technical failure or
a failure related to an accident (namely, in the event the mobile terminal hosting the
Product application is completely or partially destroyed).