Website Terms and Conditions

  1. About our terms
    1. These terms and conditions of use (Terms) explain how you may use this website and any of its content (Site). These Terms apply between COSMIC SAU (we, us or our) and you, the person accessing or using the Site (you or your).
    2. You should read these Terms carefully before using the Site. By using the Site or otherwise indicating your consent, you confirm that you accept these terms and that you agree to comply with them. If you do not agree with any of these Terms, you must stop using the Site immediately.
    3. We may prevent or suspend your access to the Site at any time if in our reasonable opinion you have failed to comply with any provision of these terms of use or applicable law.
  1. About us
    1. www.cosmicbrand.com is a site operated by COSMIC SAU (trading as COSMIC BRAND) ("We"), a Spanish registered company. Our main trading address is CAN BARRI, C/ESQUEIS S/N. LOCAL NÚM1 POL. IND, 08415, Barcelona, España and our VAT number is: GB441491504000.
    2. If you have any questions about the Site, please contact us using any of the methods set out on our customer care page, available at the following link: https://www.cosmicbrand.com/en/gb/customer-care
  1. Other Policies
    1. These terms of use refer to the following additional terms which may also apply to your use of our site:
      1. Our Privacy Policy https://www.cosmicbrand.com/en/gb/privacy-policy
      2. Our Cookies Policy https://www.cosmicbrand.com/en/gb/cookies-policy
      3. Our Terms and Conditions of Sale https://www.cosmicbrand.com/en/gb/terms-of-sale
  1. Using the site
    1. The Site is for your use only.
    2. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
    3. This Site is directed to people residing in the United Kingdom (UK). We make no representations that the Site is appropriate or available for use in locations outside of the UK. If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
    4. We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us using any of the methods set out on our customer care page, available at the following link : https://www.cosmicbrand.com/en/gb/customer-care span>
    5. We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your own information technology and virus protection software.
    6. As a condition of your use of the Site, you agree not to:
      1. misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful,
      2. attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site; or
      3. attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

Any breach of this provision would constitute an offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the evet of such an event your right to use our site will cease immediately.

  1. Registration and password security
    1. Use of the Site may require registration, particularly in order to access restricted areas of the Site.
    2. We are not obliged to permit anyone to register with the Site and we may refuse, terminate or suspend registration to anyone at any time if in our reasonable opinion they have failed to comply with any provision of these terms of use.
    3. If you are provided with, or choose, a user identification code, password, or any other information as part of our security procedures, you are responsible for making sure that your password and any other account details are kept secure and confidential, and you must not disclose this information to any third party.
    4. If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
    5. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at gdpr@cosmicbrand.com.

Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Policy available at https://www.cosmicbrand.com/en/gb/privacy-policy.

  1. Your privacy and personal information
    1. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at: https://www.cosmicbrand.com/en/gb/privacy-policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
  1. Ownership, use and intellectual property rights
    1. The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors.
    2. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
    3. Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
    4. Trade marks: Use by you of any trade marks on the Site (including but not limited to use of the Cosmic brand name) or in the Content is strictly prohibited unless you have our prior written permission.
    5. You must not use any part of the content on our site for commercial purposes without obtaining a license from us to do so.
    6. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):
      1. Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same; and/or
      2. Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

  1. Submitting information to the site
    1. While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.
    2. Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and in we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.
    3. When you upload or post content to our site, including in relation to reviews, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote our product forever.
  1. Accuracy of information and availability of the site
    1. Whilst we endeavour to make sure that the Site and the information on it is accurate, up-to-date and free from bugs, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose.
    2. The content on our site is provided for general information only. Any reliance that you may place on the information on the Site is at your own risk.
    3. We may suspend or terminate access or operation of the Site at any time as we see fit.
    4. Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content.
    5. While we try to make sure that the Site is available for your use, we do not guarantee that the Site will be available at all times or that your use of the Site will be uninterrupted.
    6. We may update and change our site from time to time for any reason.

This website may include information and materials uploaded by other users of the site, including to social media pages, or online review sites. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. If you wish to complain to us about any content, please contact us using any of the methods set out on our customer care page, available at the following link : https://www.cosmicbrand.com/en/gb/customer-care.

  1. Hyperlinks and third party sites
    1. The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.
  1. Limitation on our liability
    1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury caused by our negligence) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
      1. losses that were not foreseeable to you and us when these Terms were formed;
      2. losses that were not caused by any breach on our part;
      3. Loss of profits, sales, business, revenue, business opportunity, goodwill, or reputation;
      4. Business interruption; and
      5. losses to non-consumers.
  1. Events beyond our control
    1. We are not liable to you if we fail to comply with these Terms due to circumstances beyond our reasonable control, including, but not limited to, acts of god; strikes; lock-outs or other industrial disputes; breakdown of systems or network access; terrorist attacks; imposition of sanctions; interruption or failure of utility service; or flood, fire, explosion, natural disaster, or accident.
  1. Rights of third parties
    1. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term. No one other than a party to these Terms has any right to enforce any of these Terms.
  1. Variation
    1. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 14.
    2. We reserve the right to vary these Terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
  1. Disputes
    1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.
    2. If a dispute cannot be resolved using our complaint handling procedure or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court. We are not obliged to submit to an ADR procedure.
    3. You can submit your dispute to London Arbitration Centre by going to https://www.londonarbitrationcentre.com/, which is approved by the government to provide ADR services.
    4. If you are not happy with the outcome of ADR, you can still bring court proceedings.
    5. These Terms, their subject matter and their formation are governed by the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction unless the consumer is a resident of Scotland or Northern Ireland, in which case the consumer may bring proceedings in either Scotland or Northern Ireland as applicable.

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