Terms of Use
Last Updated: April 25, 2024
1. SCOPE
Welcome to the U.S. site for COSMOSS by Kate Moss (www.cosmossbykatemoss.com) (this “Site”). References to “we,” “us,” “our” and “COSMOSS” mean COSMOSS, Inc. and its affiliated companies (including, without limitation, Cosmoss Group Ltd (UK) and Cosmoss Europe Sp. z o.o. (PL)). These Terms and Conditions (which we may also refer to as these “Terms”) apply to and govern your use of the Site and the purchase of products through the Site. These terms should be read alongside with and are in addition to our Privacy Policy, which explains what information we collect, and how we collect and use that information. You should also view our Privacy Policy and our Cookie Policy.
This Site is not intended for children. Use of this Site by anyone under the age of 18 is strictly prohibited. By using this site to create an account with us and/or purchase a product you represent and warrant that you are at least 18 years of age and that you are competent to enter into a legal contract to be bound by these Terms and the Privacy Policy.
Please read these Terms and the Privacy Policy carefully and save or print a copy of each for future reference before creating an account on this Site or purchasing any product through this Site. THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE. YOUR LEGAL RIGHTS MAY BE AFFECTED. By using this Site, you further represent and warrant that you have read, understood, and agree with these Terms. If you do not agree with these Terms and our Privacy Policy, do not use this Site.
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.
As part of our ongoing promotions, we occasionally offer full-sized products as a gift with qualifying purchases. Please note the following conditions apply to such offers: For Consumers in Poland and Switzerland: In compliance with local regulations, full-sized products provided as gifts with purchase will not be completely free. Instead, these items will be available for a nominal charge of €0.01 (1 eurocent).
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.
When you find a Product that you want to purchase, click the “ADD TO CART” button. This will add the Product to your virtual shopping cart. You can continue shopping, add additional Products to your cart and remove Products from your cart. Products in your cart are not reserved. You may also make changes to your cart and to your shipping and contact details until you complete the checkout process by clicking the “PAY NOW” button. Orders will not be processed until you have accepted these Terms and the Privacy Policy.
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.
10. PAYMENTS
All Products will remain our property until we have received payment in full for those Products.
During the checkout process you will be asked to provide your payment information to one of our third-party payment processors, Shopify Payments, and PayPal. Please see our Privacy Policy for further detail on the information that we collect, store, and use on this Site. You do not need to create an account with us if you purchase through PayPal.
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.
11. 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 15 below (“Disputes; Mandatory and Binding Arbitration”) below about your various options for resolving a dispute with us.
14. USER REVIEWS
All published reviews are subjective users opinions. Cosmoss does not pay for preparing and posting reviews. All reviews posted on the website are verified by Cosmoss before posting or have been verified by a third party entity providing reviews collection services to Cosmoss. The possibility of leaving an opinion is not limited to placing text, i.e. the user can add, among others multimedia files.
Cosmoss may not publish or may retract publication of reviews that could share illegal content via website, in particular content:
a) posted in bad faith, e.g. with the intention of violating any personal rights of third parties,
b) offensive or constituting a threat to other people,
c) that contains vocabulary that violates good manners e.g.by using terms generally considered offensive,
d) With false or misleading content,
e) containing references or links to other products, third parties or websites
f) violating any provisions of law, good customs or principles of social coexistence.
By posting review the user voluntarily distributes the content. The user declares that his review does not violate the principles described in these Terms, that the user is entitled to use the copyrights that constitute the review and authorise Cosmoss to use the reviews free of charge, territorially and temporally unlimited in accordance with the provisions of these Terms in the following fields of use:
a) Making reviews publicly available in such way that everyone can have access to them,
b) Use in whole or in part – including for the purposes of promotion and advertising conducted by Cosmoss,
c) Copy, translate, delete in whole or in part.
The customer who purchased products from Cosmoss is entitled to post reviews. Customer is asked individually by e-mail to provide opinion to be published on the website.
Cosmoss does not edit reviews posted by users but reserves the right to delete or refuse to publish reviews in the event of any conflict between the reviews and these Terms or applicable law.
By Posting review user agrees to accept these Terms. Reviews are posted in descriptive form and in graphic form by giving the number of stars chosen by user. Based on users reviews products shall have a specific number of stars.
Cosmoss is not responsible for reviews posted by users on the website to the fullest extent permitted by applicable law. Cosmoss reserves the right to make changes to these Terms for important reasons, such as changes in legal regulations, technological changes, business changes. Cosmoss informs about changes by publishing new version on the website.
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.
16. INDEMNIFICATION
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.
17. CONSENT TO RECEIVE NOTICES ELECTRONICALLY
You consent to receive any notices, disclosures, and other communications from us (collectively, “Notices”) from us electronically, including by e-mail and posting on the Site. You are responsible for providing us with your most current email address. You agree that all notices that we provide to you electronically satisfy any legal requirement for written notice. To withdraw your consent to receive notices electronically, please contact [email protected]. However, we cannot make the Site available to you if you do not consent to receive notices electronically. This consent to receive notices does not apply to marketing communications. Please see our Privacy Policy for information regarding the receipt of marketing communications.
18. 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.
