Last Updated: November 13, 2023
2. INFORMATION ABOUT US AND OUR PRODUCTS
The Site is operated by Cosmoss, Inc., a Delaware corporation. Our business address is 1887 Whitney Mesa Dr #7556, Henderson, NV 89014. If you need to reach us for any reason, please contact [email protected] before you order.
The material and information presented on this Site is to be used for informational purposes only. The statements made herein have not been evaluated by the U.S. Food and Drug Administration (FDA). Neither the statements made herein nor the products offered for sale on this site (“Products”) are intended to diagnose, treat, cure, or prevent any condition or disease. If you have any medical condition or are taking any medication, please consult your healthcare provider before using any of our Products. Use of this Site and/or our Products is not a substitute for professional medical advice. Consult your own healthcare provider regarding the use of any Products or information received from or through this Site before using or relying on them.
3. REGISTRATION AND ACCOUNT
You do not have to register or create an account with us in order to use the Site or order Products, but you may be required to register for an account with us (your “Account”) in order to use certain features of this Site. As part of the registration process, you will be required to provide us with certain information including your name, email address, country of residence, username, and a password that is unique to your Account. You may also be required to provide us with payment and/or banking information to facilitate payment for any Products that you purchase through your Account.
You agree to provide complete and accurate information about yourself when registering for your Account, and to ensure that the information in your Account is correct, current, and complete. You may change or update your Account settings at any time.
You are responsible for maintaining the confidentiality of your username and password and other information associated with your Account. You must notify us as soon as you become aware of any unauthorized disclosure or use of your username and/or password. You understand and agree that we are not directly or indirectly responsible for any unauthorized access to or use of your Account. You have the right to close your Account at any time once all obligations associated with the Account have been completed.
We reserve the right to suspend your Account or your use of the Site at any time for legal, regulatory, operational, or any other reason, as we deem necessary. We may terminate your use of the Site immediately if you breach these Terms.
4. AMENDMENTS AND UPDATES TO THESE TERMS
We may amend or update these Terms from time to time in our sole discretion and without notice. We will post any updates or amendments on the Site, with an updated “Last Updated” date. You should review these Terms frequently in order to ensure that you understand the terms and conditions that apply at such time. By using this Site after any change in these Terms, you agree to be bound by these Terms as so changed.
5. INTELLECTUAL PROPERTY
Cosmoss, Inc. and its affiliated companies are the owners or authorized licensees of all proprietary rights in and in connection with this Site, including without limitation, all copyrights, trademarks, designs, patents, and design rights, registered or unregistered, throughout the world (collectively, our “Intellectual Property”). You are not permitted to copy, publish, distribute, commercially exploit, or create derivative works from or otherwise use any of our Intellectual Property, including any of the content in this Site, or to grant others the right to do any of the foregoing, without our prior written approval. You understand that we may take legal action to enforce this prohibition.
6. WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY
COSMOSS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION CONTAINED ON THIS SITE IS ACCURATE, CORRECT, OR UP-TO-DATE, OR THAT YOUR USE OF THE SITE WILL BE TIMELY, ERROR FREE OR UNINTERRUPTED. WE DO NOT REPRESENT OR WARRANT THAT THE QUALITY OF ANY INFORMATION ON THIS SITE OR OF ANY PRODUCTS THAT YOU PURCHASE THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS. YOU EXPRESSLY AGREE THAT WE ACCEPT NO LIABILITY OR RESPONSIBILITY FOR YOUR USE OF THIS SITE OR ANY OF ITS CONTENTS, WHICH IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE AND ALL PRODUCTS PURCHASED THROUGH THIS SITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THIS SITE AND THE PRODUCTS, INCLUDING WITHOUT LIMITATION, WARRATIES OF MERCHANTIBILITY, FITNESS FOR A PARTICUALR PURPOSE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER BUGS, VIRUSES, OR ERRORS.
THE ABOVE DISCAIMERS DO NOT AFFECT YOUR STATUTORY RIGHTS. THE LAWS OF CERTAIN STATES MAY NOT PERMIT LIMITATIONS ON IMLPIED WARRANTIES. IF THOSE LAWS APPLY TO YOU, THE ABOVE DISCLAIMERS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT OUR LIABILITY TO YOU FOR ANY DAMAGES CAUSED BY OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY IUR NEGIGENCE, OR FOR ANY OTHER LABILITYWHICH MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.
7. LIMITATION OF LIABILITY
COSMOSS ACCEPTS NO LIABILITY AND IS NOT RESPONSIBLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, AND LOST SAVINGS, HOWEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE OR ANY PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH A CLAIM IS BASED, INCLUDING CLAIMS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), AND STRICT LIABILITY. NOTWITHSTANDING THE ABOVE DISCLAIMERS AND LIMITATIONS, OUR TOTAL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE IS LIMITED TO THE PURCHASE PRICE THAT YOU PAID FOR OUR PRODUCTS THROUGH THIS SITE OR $100.00 (WHICHEVER IS GREATER).
8. PRODUCT PRICING AND AVAILABILITY
All prices are shown in U.S. dollars, and any applicable taxes and other charges (including shipping) are additional and will be disclosed during the checkout process. We reserve the right to adjust prices in our sole discretion at any time and without prior notice.
All of our Products are subject to availability, and we reserve the right to limit quantities on any order, to reject all or part of any order, to discontinue offering any Products and to substitute Products or Product ingredients in our discretion and without prior notice.
9. ORDER PLACEMENT AND CONTRACTING
You may only purchase Products on or through this Site in your individual capacity. By placing an order on this Site you represent and warrant that you are purchasing Products for personal use and not for resale. We reserve the right to cancel or limit the maximum Product quantity per order.
The display of Products on this Site does not constitute a binding offer to sell any Products to you.
All orders are subject to acceptance and availability. Product pricing is in U.S. dollars and does not include sales tax. Applicable sales tax will be displayed during the checkout process.
Once you click the “PAY NOW” button, you have agreed to pay the price of the Products in your cart and the cost of shipping, as shown during the checkout process. You will receive an email to confirm your order after your payment is successfully completed. This email is not an order acceptance. Your order will be accepted and a contract of sale will be created only when we send a shipping confirmation email with a tracking number and the Products have left our warehouse.
If we are unable to accept your order for any reason, which may include but is not limited to Product unavailability, we will let you know by contacting the telephone number or email that you provided during the checkout process. If you have already been charged for your order, we will refund the applicable amount to your original method of payment.
All Products will remain our property until we have received payment in full for those Products.
We charge you when you place your order. Card payments are subject to authorization by your card issuer. You will know that your payment has been authorized if you receive an order confirmation email.
By placing an order through the Site you represent and warrant that you have the right and authority to use the applicable method of payment and that you authorize us to charge your payment method for the purchase price of the Products that you order, plus all applicable taxes and shipping.
Products may be ordered on this Site only if the billing and shipping address(es) are within one of the 50 United States of America. We do not ship our products to P.O. boxes or military addresses. Orders are packed within the United States. Please note that we cannot ship our eau de parfum products by air, and therefore can only ship those products to the 48 contiguous states.
All orders ship Monday-Friday excluding federal holidays within the United States. Shipping charges are indicated during the checkout process, and we offer free standard shipping for orders of $80.00 or more. Please allow ten (10) business days for shipping. Shipments to rural domestic addresses, Alaska, and Hawaii may require additional time. We are not responsible for delays due to incorrect or incomplete shipping information or caused by a third party or any circumstances or events beyond our reasonable control.
If you place a single order for multiple Products with different shipping timeframes, your order will be sent when the entire order is ready for shipment.
We are not responsible for orders that are not delivered because of an incorrect or incomplete shipping address. If Products are returned to us by the delivery company due to inability to deliver the Products to you, we will issue a refund to your original form of payment for the purchase price that you paid for the Products. However, we reserve the right to retain the costs of shipping and returning the Product.
12. RETURNS AND EXCHANGES
You may return a delivered Product without specifying any reason by notifying us at [email protected] within thirty (30) days from the day following delivery of the Product(s). You can receive a refund to your original form of payment for the purchase price that you paid for the Product if you return the Product in its original sealed packaging, unopened and unused, within fourteen (14) days of notifying us that you wish to return that Product.
We cannot accept shipped returns without prior authorization through our Customer Care team. Once you have contacted us we will provide you with return instructions so that you can send your order back to us. You are responsible for the cost of return shipping. You should send the product back to us using an established delivery service and you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the Product(s) at all or within a reasonable time, we will not issue a refund.
We will issue a refund to your original method of payment for the purchase price that you paid for the Products within 14 days of receiving the returned unopened and unused Products. Please see Section 13 below (“Damaged or Unsatisfactory Products; Incorrect Orders”) for actions we may, in our discretion, take in other circumstances. Shipping fees are not refundable and will not be credited. We don't charge a fee for issuing the refund, but you are responsible for the shipping cost of your return.
We only provide refunds for products purchased through the Site. If you purchased from another outlet or retailer, please contact that outlet or retailer for returns or refunds.
13. DAMAGED OR UNSATISFACTORY PRODUCTS; INCORRECT ORDERS
If you are not satisfied with a Product that you purchased through this Site, or if your Products are received damaged or you believe you received the wrong Product(s), please contact our Customer Care team at [email protected] within 48 hours of receiving the Product(s). Please include your name, order number, proof of purchase, a description of the issue, and photos of the item(s). Depending on the circumstances, we may in our sole discretion, replace the Products, provide a credit against future purchases through the Site, or provide a full or partial refund to your original form of payment. Shipping fees are not refunded or credited. You are responsible for the costs of shipping any return.
Notice for California residents pursuant to CA Civil Code section 1789.3:
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by US mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Please also see Section 14 below (“Disputes; Mandatory and Binding Arbitration”) below about your various options for resolving a dispute with us.
14. DISPUTES; MANDATORY AND BINDING ARBITRATION
PLEASE READ THE FOLLOWING CAREFULLY. IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH US, AND YOUR LEGAL RIGHTS MAY BE AFFECTED.
Except where prohibited by applicable law, if we cannot resolve a dispute informally you agree to submit that dispute to confidential and binding arbitration in accordance with the then-current rules of the American arbitration association (“AAA”). Any arbitration between us will be conducted in English and in Wilmington, Delaware and you agree to waive any right to claim that such location is an inconvenient forum. You also agree to submit to the personal jurisdiction of any state or federal court situated in Wilmington, Delaware to compel arbitration or enter judgment on the arbitrator’s award. A single independent arbitrator will be appointed in accordance with the rules of the AAA. Unless prohibited by applicable law, you and we will each pay our own attorneys’ fees and costs incurred in connection with such arbitration.
You understand that arbitration means waiving your right to a jury trial.
You agree to defend, indemnify and hold harmless Cosmoss, Inc., its affiliated companies (including without limitation Cosmoss Group Ltd (UK) and Cosmoss Europe Sp. z o.o. (PL)), and its and their respective officers, directors, shareholders, members, employees, and agents from and against any and all claims, suits, allegations, liabilities, judgments, losses, costs and expenses, including, without limitation reasonable attorneys’ fees and costs of litigation, arising out of or attributable to (a) your access to or use of this Site, (b) your violation of any of these Terms, (c) any illegal or unlawful action by you and relating to these Terms or any Product, or (d) your failure to provide us with complete and correct information.
16. CONSENT TO RECEIVE NOTICES ELECTRONICALLY
17. OTHER IMPORTANT PROVISIONS
We can assign or transfer our rights and obligations under these Terms, in whole or in part, without notice. You may not assign or transfer these Terms or delegate your obligations under these Terms without our consent.
If any provision of these Terms is found to be invalid, unenforceable, or void, that provision will be struck from these Terms and the remainder will still apply.
A failure or delay by us in enforcing any provision of these Terms will not constitute a waiver. A waiver must be in writing and signed by both parties in order to be effective.
Nothing in these Terms is intended to or shall create any rights in favor of any third party. No other person or entity will have any rights or claims or be entitled to any benefits under these Terms.
These Terms are governed by and shall be construed in accordance with the laws of the State of Delaware, without regard to principles of conflicts of laws.