Cosmos by Kristina Terms and Conditions
Revision date: June 20, 2018
Cosmos by Kristina owns and operates this Website. Throughout these Terms and Conditions, the terms “us”, “we”, and “our” refer to Cosmos by Kristina. This agreement governs your purchase and use, in any manner of all website use or product purchased by you and accepted by Cosmos by Kristina and describes the terms and conditions that apply to such purchase and use of the Services. You AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. Cosmos by Kristina reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Cosmos by Kristina may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following our posting of any changes or modifications will constitute your acceptance of such changes or modifications.
2. Prohibitions. You must not misuse this Website. You will not commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”, or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
3. Intellectual Property, Software, and Content. The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Cosmos by Kristina or its licensors and are protected by copyright laws and treaties internationally. All such rights are reserved by Cosmos by Kristina and its licensors. You may store, print, and display content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
4. Terms of Sale. By placing an order or requesting a commission you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and time frame discussed upon commission agreement contract and may be subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Cosmos by Kristina you must be 18 years or older and have a valid means of payment (credit card, debit card, PayPal, etc.) Cosmos by Kristina retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with (Cosmos by Kristina). When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the selected form of payment used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to change. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
5. Payment. As consideration for Cosmos by Kristina providing the Services hereunder, Customer agrees to pay Cosmos by Kristina the agreed upon fees based upon prices displayed (including delivery costs), services rendered, and terms defined in the commission agreement contract using approved method of payment. Once payment has been received, you will be sent a confirmation email including products purchased and payment information.
6. Commission Agreement Contract. If entering into a commission agreement contract, a down payment will be required before work begins on the product. Monies received upon initial payment shall be treated as a deposit against the ‘Total Cost’ of the goods you wish to purchase. Visit my Commissions page or Commission FAQ page for a more detailed outline of contract terms and conditions.
7. Disclaimer Liability. The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Cosmos by Kristina and its suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect our liability for personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
8. Linking to this Website. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw liking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third-party copyright except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Cosmos by Kristina and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Cosmos by Kristina.
9. Indemnity. You agree to indemnify, defend and hold harmless Cosmos by Kristina, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms and Conditions.
10. Invalidity. If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
11. Complaints. We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by emailing us at email@example.com
12. Waiver. If you breach these conditions and we take no action, we will still be entitled to use our and remedies in any other situation where you breach these conditions.
13. Entire Agreement. The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Cosmos by Kristina. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of Cosmos by Kristina.