Terms of sale
Constructions Électriques Le Cosinus
7 Avenue Henri Beaudelet, 77330 Ozoir-la-Ferrière – France
Téléphone : +33 (0)1 64 40 42 01
Email : lecosinus@lecosinus.fr
Site web : www.lecosinus.fr
SIRET: 572 070 712 00029
SAS with a share capital of €600,000
SECTION A: PROFESSIONAL TERMS AND CONDITIONS OF SALE (B2B)
Applicable by right to any sale of products to professional customers, for any direct order, by quote or via the professional portal of the website.
ARTICLE 1 – GENERAL PROVISIONS AND ENFORCEABILITY
1.1 These general terms and conditions of sale (GTC) exclusively govern the commercial relations between Constructions Électriques Le Cosinus, its subsidiaries (hereinafter "the Company") and its Customers.
1.2 They take precedence over any Customer document (including its general terms and conditions of purchase), even if issued subsequently or stating it is the only valid document. Any order or acceptance of an offer implies the Customer's full and unreserved acceptance of these GTC.
1.3 The fact that the Company does not invoke any of these clauses at a given time shall not be interpreted as a waiver of the right to invoke them at a later date.
1.4 The information contained in catalogues, notices and advertising documents is provided for indicative purposes only and is non-contractual. The Company reserves the right to make any modification to its models in terms of design, form or materials deemed appropriate, without prior notice.
ARTICLE 2 – STUDIES, ADVICE AND INTELLECTUAL PROPERTY
2.1 Projects, studies, plans, diagrams and technical documents provided by the Company remain its exclusive property. They may not be disclosed, reproduced or executed without prior written authorisation and must be returned without delay upon simple request.
2.2 The buyer is strictly prohibited from any reverse engineering or technical analysis of the products supplied in order to understand their structure, operation or algorithms.
2.3 The provision of advice or technical studies does not engage the Company's liability. The Customer, as an informed professional, is solely responsible for the detailed analysis of their requirements and for verifying the suitability of the product for their final installation and compliance with applicable safety standards.
ARTICLE 3 – ORDERS, MODIFICATIONS AND SPECIAL PRODUCTS
3.1 The contract is formed upon the sending of an Order Acknowledgement (OA) by the Company, upon the dispatch of goods, or upon the validation of a firm order on the website.
3.2 Minimum order: The minimum threshold is set at €130 excl. VAT. For any amount below this (excluding direct e-commerce transactions), an administrative handling fee (AHF) of €40 will be automatically invoiced.
3.3 Special Products: For any non-catalogue, "custom-made" or "special" products, no cancellation is accepted after the start of manufacturing or component procurement. These products are neither taken back nor exchanged.
3.4 Returns due to Customer error: No return of standard goods is accepted without prior written agreement from the Company. In the event of exceptional acceptance, a flat-rate charge for inspection and restocking of 40% of the sale price (with a minimum of €100) will be invoiced to the Customer. Return shipping costs are entirely and exclusively borne by the Customer.
ARTICLE 4 – PRICES, INDEXATION AND HARDSHIP
4.1 Prices are quoted exclusive of tax, ex-works (Incoterm EXW – ICC 2020), standard packaging included.
4.2 Price revision: The Company expressly reserves the right to adjust its prices according to changes in raw material costs (copper, magnetic steel, aluminium) or supplier rates between the date of the offer and the date of actual delivery.
4.3 Hardship: In the event of unforeseeable changes in circumstances at the time of conclusion of the contract (Art. 1195 of the French Civil Code) rendering performance excessively onerous for the Company, the parties undertake to renegotiate in good faith the economic terms of the contract.
ARTICLE 5 – LIVRAISON, DÉLAIS ET STOCKAGE
5.1 Les délais de livraison sont fournis à titre purement indicatif. Un dépassement de délai ne peut en aucun cas justifier l’annulation de la commande, le refus des marchandises ou l’application de pénalités de retard, de dommages-intérêts ou de retenues financières.
5.2 Livraisons partielles : La Société est autorisée à procéder à des livraisons fractionnées. Chaque livraison partielle constitue une exécution contractuelle indépendante.
5.3 Frais de Stockage : Si le Client ne réceptionne pas les produits sous 8 jours calendaires après notification de mise à disposition (avis de prêt à expédier), la Société facturera des frais de stockage s’élevant à 1 % du montant HT de la commande par semaine de retard. Passé un délai de 2 mois, la Société pourra disposer du matériel aux torts du Client.
ARTICLE 6 – TRANSPORT AND CLAIMS
6.1 Transfer of risk: In accordance with the EXW Incoterm, goods are transported at the buyer's risk. The transfer of risk occurs upon delivery of the goods to the first carrier, notwithstanding the retention of title clause.
6.2 Claims procedure: The Customer must imperatively note precise and complete handwritten reservations on the transport receipt in the presence of the driver. These reservations must be confirmed by recorded delivery letter to the carrier within 3 working days (Art. L133-3 of the French Commercial Code) and a copy must be sent simultaneously to the Company.
6.3 Free shipping B2B: By way of derogation, free shipping is granted exclusively for Metropolitan France (excluding Corsica and mountain areas) for orders reaching €700.00 excl. VAT.
ARTICLE 7 – PAYMENT TERMS AND FINANCIAL SECURITY
7.1 E-commerce payment: Payment is made in full at the time of order by bank card via the BNP Paribas secure payment solution.
7.2 Late payment: Any delay automatically incurs penalties calculated at the ECB rate plus 10 percentage points, as well as a flat-rate compensation for recovery costs of €50. In the event of deterioration of the Customer's creditworthiness, the Company reserves the right to demand immediate payment of all outstanding amounts.
ARTICLE 8 – RETENTION OF TITLE AND ASSIGNMENT OF RECEIVABLES
8.1 The Company retains ownership of the goods sold until full payment of the price, including principal, interest and ancillary costs.
8.2 Assignment of receivables: In the event of resale of the products before full payment, the Customer irrevocably assigns to the Company the receivable held against its own customer up to the amount of the sums still owed.
ARTICLE 9 – CONTRACTUAL WARRANTY AND AFTER-SALES SERVICE
9.1 Equipment is warranted for 12 months from the date of delivery against any manufacturing defect. The warranty is strictly limited to the repair or replacement of parts found to be defective at our workshops. Outward shipping costs are borne by the Customer.
9.2 Exclusions: Excluded are normal wear and tear, negligence, lack of monitoring or maintenance (particularly periodic retightening of connections), or non-compliant use. Removal and reinstallation costs are excluded. The warranty is suspended as long as the Customer is not up to date with their payments.
ARTICLE 10 – LIABILITY AND JURISDICTION
10.1 The Company's liability is strictly limited to the amount excl. VAT invoiced for the order. Immaterial and indirect damages are excluded.
10.2 These terms are subject to French Law. Exclusive jurisdiction is granted to the Commercial Court of Melun, even in the event of a warranty claim or multiple defendants.
ARTICLE 11 – PERSONAL DATA
The data collected is necessary for order management. The Customer is invited to consult the website's Privacy Policy to learn about their rights (access, rectification, deletion) and the processing procedures.
SECTION B: GENERAL TERMS AND CONDITIONS OF SALE FOR CONSUMERS (B2C)
Applicable exclusively to consumer customers within the meaning of the French Consumer Code.
ARTICLE 1 – PURPOSE AND PAYMENT
Online sales on the website concern only products from the "Catalogue" range. The contract is formed upon validation of full payment by bank card (BNP Paribas). No administrative handling fee is applied.
ARTICLE 2 – DELIVERY AND SHIPPING COSTS
Shipping costs are entirely borne by the consumer Customer, regardless of the order amount. They are calculated automatically at checkout. The Company undertakes to deliver the goods within a maximum of 30 days, unless a specific deadline is indicated.
ARTICLE 3 – RIGHT OF WITHDRAWAL
In accordance with Article L221-18 of the French Consumer Code, the Customer has 14 calendar days from receipt to exercise their right of withdrawal. The product must be returned in new condition in its original packaging. Return shipping costs are exclusively borne by the Customer.
ARTICLE 4 – LEGAL WARRANTIES AND MEDIATION
4.1 The Company is liable for defects of conformity of the goods (2 years) and hidden defects (Art. 1641 of the French Civil Code).
4.2 In the event of a dispute not resolved by customer service, the Customer may refer the matter free of charge to the consumer mediator approved by the Company.
GTC applicable as of: 17/04/2026
