COSMEPIX GENERAL TERMS OF SALE
AND USE

COSMEPIX is a service published by the ANSTELLOS SARL Company
Company under French law domiciled in FRANCE.
SIRET: 528 646 862 000 11 - VAT: FR O7 528 646 826

1. General Clauses

The general conditions of sale describe the services available on the COSMEPIX site and site users’ rights and obligations. All orders for photo editing by the COSMEPIX site entail reserve-free adhesion to the clauses herein. Without such acceptance, the user cannot load his/her images and proceed with photo editing.

2. Description of the service

The COSMEPIX site provides an on-line commercial site for retouching of digital photographs. Unless otherwise expressly indicated, all new features which improve or increase one or several of the existing services, and any new service launched by COSMEPIX will be subject to these general conditions of sale. You are aware that service is provided “as is” and you accept it as such.

3. Rules for use

By user is meant any person who navigates, gains cognizance of, selects a product, downloads photos or buys a photo-retouch service proposed on the COSMEPIX site.

In order to use the COSMEPIX DOIT service, the user fully accepts these general conditions of sale. For this purpose, the user has 3 possibilities:
- create a client account: creation of a client account entails acceptance of the general conditions of sale and of site use.
- connect to his/her client account. All connections to the client account entail acceptance of the general conditions of sale and use of the site, since these conditions have been previously approved at the time of the creation of the account and accordingly no longer appear during use of the site services.
- connect to a guest account: in the event that the user does not have and does not want to have a client account, the user who seeks access to the services proposed by the site must purely and simply accept the general conditions of sale and use, which appear prior to access.

If the general conditions of sale are not accepted in the conditions described above, COSMEPIX will not perform any image loading or treatment services. It is hereby stipulated that the fact of forcing the system to load images and to carry out a treatment through any misuse or abusive computer technique or any diffusion of information which aims to evade the conditions herein and/or eliminate the anti-theft protections on the resulting images prior to payment is punishable by law.

3.1. Conditions for creation of client account:

In order to create a client account, the user must provide a valid e-mail address which is verified by an e-mail validation, and create a password which creates his personal connection identifiers for his account. The user can also connect by using his Facebook identifier and password.
The user must provide invoicing information such as last name*, first name*, gender, address*, or company name, headquarters, and VAT number if any. This data shall be stored at COSMEPIX and encrypted using SSL technology. This encryption can be checked by a signed visual SSL.* required information.

At the time of creating his or her client account the user undertakes to provide complete, true and accurate information concerning him or herself, and update this information periodically so as to keep it complete, true and accurate. In the event that the data provided is false, inaccurate or incomplete, COSMEPIX is entitled to suspend or terminate the client account, and refuse that client immediate and future access to all or part of the site.

In compliance with the French “Informatique and Libertés” (Freedom of Information) law of 16 January 1978, modified, the user disposes of a right to access, modification, rectification and suppression of his or her data, either directly via Internet, or through the mail by sending your request to ANSTELLOS SARL, 11 Rue de la République, 34670 BAILLARGUES.

3.2. Conditions for connection to the client account:

To connect to his or her account, the client must provide the e-mail address used at the time of the creation and the password or Facebook identifier, which are strictly personal. In the event the client forgets his or her password, a reset e-mail is sent to the client at the client’s request. The client must be clearly identified for the order to be recorded on the site. The identified client is responsible for all access to the site and site services through the use of his or her identifiers. The client is responsible for taking all necessary precautions to protect his or her password from access by a third party.

The user with a client account benefits from centralized downloading with access to downloads on hold, from greater user-friendliness with special information, advertising offers and a list of treatments available for download.

The user with a client account can also take out a subscription which provides him with a balance with which to pay all new orders until the funds are depleted. The client account is accessible throughout the site.

The account holder can freely access and modify his/her client account options and data.

4. User Responsibility

The user declares that he/she has made a copy of the digital files prior to submitting them to the COSMEPIX site for treatment or any other handling. The COSMEPIX site is solely obliged to due care with respect to all the steps in the retouch service proposed to the client.

The user declares that he/she is the legal owner of all the images and that accordingly they are free from any right or claim. The service user cannot record or send images or data which infringe on any property rights held by other persons, such as images protected by intellectual property rights, trade secrets or confidential information. The user undertakes to comply with all the laws, rules and regulations in effect with respect to diffusion of images which are pornographic, obscene, libelous, defamatory, slanderous, or hate-inciting and not to use the COSMEPIX site in any way which goes against any law, rule or regulation. If legally required all information in our possession can be given to the competent authorities.

All the photographs downloaded on the COSMEPIX site are under the sole and unique responsibility of the user who has sent their content. The COSMEPIX site exercises no control over the content and nature of the photographs sent for treatment, which is anonymous and automatic. The COSMEPIX site is in no way liable for their nature or their use, including after processing. The original photographs downloaded by the user are eliminated within a maximum of 24 hours, and the treated photographs are eliminated within the period defined by the client at the end of his order, or both immediately in the event of incomplete order.

The user cannot download photographs anonymously or under a false identity The user cannot obstruct other users from using the COSMEPIX site. The user cannot download files with viruses nor can the user download contaminating or destructive programs. The user cannot use tools from the COSMEPIX site for any illegal activity or any activity which would infringe upon the rights of others.

5. Downloading photographs

Unless otherwise stated, downloading photographs on the COSMEPIX site is not protected or encrypted. The user acknowledges that he/she is perfectly aware and expressly accepts entire liability when downloading photographs. Original photos downloaded by the user are eliminated within a maximum time frame of 24 hours.

6. Orders

The COSMEPIX site enables users to obtain professional retouching of the photographs they have downloaded for this purpose.

6.1. Choice of the product:

Prior to downloading photographs, the user must select a product range. There are 4 product ranges: “Classic”, “Fashion”, “Black and “ x2”. Each product range has different products which perform different treatments to the photographs. The user must select a product range based on the results she/he wishes to obtain. Such selection enables the user to access the options offered for the selected product and to the price, exclusive of VAT. The user then chooses the treatment she/he wants applied to the photographs and orders it. The description and the examples of the results are presented to the user for information purposes only. They are in no way contractual and do not incur any liability whatsoever on behalf of COSMEPIX. COSMEPIX reserves the right to update the treatments with no advance notice.

6.2. Downloading photographs:

After ordering the product, the user must download the photographs he wishes to treat. The user can choose from several different recording qualities at different costs depending on the weight of the download in Mo, exclusive of VAT. The user can select only one. After selecting the desired quality, the user must download his photographs. If he is already connected to his client account, the download begins immediately. Otherwise, he must read and accept these general conditions of sale and use in order to continue. Downloading of photographs entails acceptance of immediate execution of the retouching service offered by COSMEPIX.

6.3. Obtaining results:

Once downloaded, the photographs are treated immediately. The user thus has real-time access to the results. The user can compare before and after versions of the photographs. The user can modify the photographs in another treatment or eliminate photographs. The treatment of modified or eliminated photographs is subtracted from the total order amount. Payment follows validation of the results of the order. COSMEPIX disclaims all liability and records all orders validated by the user whether or not the treatment has ended, has been completely displayed, or has been reviewed by the user.

If an order is not completed, COSMEPIX reserves the right to immediately eliminate original and treated photos.

7. Payment

A summary of the order, the weight of the downloaded photographs and the total price owed is displayed to the user.

7.1. Price:

The products and services ordered on-line on COSMEPIX are invoiced by the ANSTELLOS SARL firm, based on the price in effect at the time of recording the order placed by the user. COSMEPIX reserves the right to update its prices without advance notice. All prices are stated in Euros on the COSMEPIX site.
The prices of each product and of each recording quality are expressed exclusive of VAT. The price indicated is based on the weight of the download of the photographs to be treated, as expressed in Mo. The indicated price must therefore be multiplied by the number of Mo of downloaded photographs.
The final price to pay – that is the price of the total order – is based on two elements added together: the price per Mo of the selected and the recording quality selected.

On Cosmepix, weight is standardized
1 MEGA BYTE (MB) = 10⁶ BYTE = 1,000 ko BYTE = 1,000,000 BYTES
On the payment page, the price owed by the client is stated both Exclusive of VAT (HT) and all taxes included (TTC). For individual clients, the TTC amount is invoiced. For professional clients, outside France, who supply a valid VAT number, the HT price is invoiced.

7.2. Connection to or creation of a client account:



The client must be connected to his/her client account in order to pay for their order. If he or she is not already connected, they must connect. If they do not have a client account, they must create one or use a guest account.
In the latter case, the “guest” client does not have access to the hosting service and can solely select the 24-Hour option. The download begins immediately after payment. In the guest client case, the client must provide his last name, first name and address and all other information required for Cosmepix to establish the invoice.

7.3. Payment means:

-Bank card: Payment is made on-line through a protected payment system on the COSMEPIX site using a bank card with the CB logogram. COSMEPIX works in partnership with the CIC bank and uses one of the most reliable protected systems available on Internet. All personal client information is totally protected and encrypted prior to transmission to the bank processing center. The order is deemed effective solely after the bank payment centers have validated payment. In the event of refusal from the bank payment centers, the order is automatically cancelled and an electronic message immediately informs the client.

-Credits: Clients with an account on the COSMEPIX site can credit their account in advance with a lump sum called “Credits”. This sum can then be used to pay for orders. Clients can also take out subscriptions. -Paypal: The client has a PAYPAL account to pay for purchases using his or her PAYPAL identifier and password PAYPAL. PAYPAL cannot be used to credit a lump-sum account.

COSMEPIX reserves the right to cancel any order from users with whom there exists a dispute concerning payment for previous orders.

8. Order Reception

Delivery to the client of the photographs retouched with the COSMEPIX treatment occurs through provision of a download link. This on-line link entails delivery of the order.

The COSMEPIX service ends with the start of this download, or with the provision of this link in the client account. The download can begin with validation of the payment or be deferred, as per the client’s choice, except for “guest” clients, who do not have access to any storage service and therefore cannot refuse automatic download, they will pay the fixed price for 24 hours of storage and get no storage. For this purpose, COSMEPIX recommends that clients create and connect to client accounts.

Clients select the validity period for this download link from the available choices. This link is then available in the corresponding client account. Time starts with acceptance of payment. Remaining time is displayed in the client account.

Original photographs are eliminated within 24 hours. Treated photographs are eliminated at the end of the selected download period and are purchased by the client if he/she has a client account and is connected to it.

9. Absence of right of withdrawal

Within the scope of distance contracts for sales of products or provisions of services, such as on-line orders, the law provides consumers with a 7-day withdrawal right covering 7 business days starting from the time of confirmation of the order. However, this right is excluded from certain contracts, in particular those contracts where the provision of service begins – with consumer agreement – prior to the end of the seven-day period, or when the goods supplied have been prepared to consumer specifications or in a personalized way.
Accordingly, by principle, in downloading their photographs, the COSMEPIX site users accept the immediate start of execution of the retouch service. In effect, the results of the service are either visible instantaneously, since the service is completely performed and displayed at the time of the order, prior even to payment, or they are visible just seconds after payment.
Accordingly, in accepting these conditions of use, the user waives his or her right to withdrawal. This applies even if a negligent or incautious user validates his or her order and proceeds to payment without having previewed it. COSMEPIX site users do not have any right to withdrawal and accordingly are not entitled to any reimbursement.

By exception, in the special case of purchase of a lump-sum amount, exclusive of treatment, the COSMEPIX site user with the quality of consumer disposes of a withdrawal right within seven business days starting from the time of confirmation of the order. Implementation of this right within the period entails the obligation for COSMEPIX to reimburse within 30 days following reception of the request. This reimbursement is strictly limited to solely the amounts effectively paid by the user. Free items or other initiatives given by COSMEPIX are not taken into account.

10. Force majeure/Acts of God

In addition to the cases of force majeure habitually taken into consideration by legal provisions and precedent, the following are expressly considered as constituting cases of force majeure/Acts of God: telecommunications blockage, Internet blockage, breakdown of the equipment which diffuses the service and which has been properly maintained.

11. Modification of the service

COSMEPIX reserves the right, at any time, to modify or temporarily or permanently interrupt all or part of the proposed service. COSMEPIX shall not be held liable to the user or to any third party for any modification, suspension or interruption of the service.

12. Guarantees

After validation of the results and payment of the order, there shall be no reimbursement or return of file.
By exception, in the special case of purchase of a lump-sum amount, exclusive of treatment, the COSMEPIX site consumer-user who avails him or herself of a withdrawal right within seven business days starting from the time of confirmation of the order is entitled to reimbursement within 30 days of the amounts that were effectively paid, excluding free items or other commercial initiatives given by COSMEPIX. Beyond this time frame, or after payment of an order with the lump sum, no reimbursement is possible.

COSMEPIX is not liable for any failures and delays resulting from the telecommunications networks, such as slow processing due to intense traffic on the site, or due to a case of force majeure as defined in 10 above, to act of a stranger, or to the user’s use of equipment which is not suitable to the characteristics of the service.
Acceptance by COSMEPIX of a photograph for treatment implies no guarantee of any kind, no express or tacit guarantee, no good merchantable quality guarantee, no guarantee of adaptation for a particular use. Any damage to a photograph due exclusively to COSMEPIX can solely give rise to possible compensation corresponding to the damage which has effectively been suffered.

One or several “cookies” shall be placed on the user’s computer’s hard drive, for the purpose of enabling COSMEPIX to recognize the user when he or she connects to the site and to facilitate management. The user authorizes the placement of “cookies” and their use by COSMEPIX. The user is informed of the ability to oppose the installation de “cookies”. It is recommended that the user terminate a site visit using the “Log-out” or “déconnexion” command when she/he uses a computer likely to be used by another person, so as to protect the privacy of his or her photographs.
Under no circumstances can COSMEPIX be held liable for any loss of data or generally speaking for any damages resulting from any back-up failures incurred by the user of the images.

13. Termination of services

COSMEPIX reserves the right to terminate provision of services at any time in the event of violation of the terms of the conditions herein by the user or by any person gaining access to the site by using a member’s identification.

14. Miscellaneous

The fact that COSMEPIX may not apply any one of the provisions of these conditions does not in any way constitute abandon of said provision or of any related right. COSMEPIX reserves the ability to modify these general conditions of sale and by placing notifications or links to notifications placed directly on the service.

15. Dispute

These conditions are governed and interpreted in compliance with the laws and provisions in effect in France. Any dispute which cannot be solved transactionally shall be brought before the competent courts.

16. Protection of the site and COSMEPIX ownership rights

All the elements of the COSMEPIX site, including all visual and sound elements, and including the underlying technology, are protected by copyright, trademark law and patent law.
They are the exclusive property of COSMEPIX. The user can solely print or download images or parts of images in the various zones of the site exclusively for his own use, and for non-commercial purposes. Any other form of duplication, redistribution, retransmission or publication of any image is strictly prohibited and violators are subject to prosecution.
The user who has his or her own site and who wishes to place on that site, for personal use, a simple link which connects directly to the COSMEPIX site, must first request prior written permission from COSMEPIX.
In all circumstances, any non-authorized link must be removed upon simple request from COSMEPIX.

17. Term

These conditions apply throughout the duration of the on-line provision of services made available by COSMEPIX.