Terms and Conditions
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This Site is owned and operated by COSMOHERB, a duly registered business name with registration number EE 53994 and registered VAT number 00644891H. These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the Services and terms and conditions relating to the sale and purchase of Products on the Site. Please read these terms and conditions carefully. Your use of the Site and Services and the purchase of any Products on this Site will be subject to these terms and conditions.
Liability Statement
The information available on or through this Site, and the Services supplied via or in connection with this Site, is intended as information only and does not constitute advice and/or medical advice and/or any other advice whatsoever. Products are for cosmetic purposes only and have not been approved by any medical or pharmaceutical licensing body. It is your responsibility to determine that the Products are suitable for you and it is not our responsibility to do so.
Where the Site or any Submission made by any user includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by us and we do not accept any liability on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
We try to make sure that all information contained on the Site (and provided by us to you as part of any Services or Products) is correct, but the information is of a general nature and not intended to comprise of all the information relating to the subject matters referred to by the Sit. Therefore, we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this Site.
Our liability to you in connection with any Product purchased through the Website is strictly limited to the purchase price of that Product.
All provisions set out in these terms and conditions which seek to limit or exclude our liability are at all times subject to your statutory rights (further details in respect of which are set out at clause 4.5).
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Definitions
In these terms and conditions, the following definitions apply:
“Cosmoherb” means COSMOHERB, a duly registered business name with registration number EE53994 and registered VAT number 00644891H and ‘we’, ‘us’, ‘our’ shall mean Cosmoherb;
“Dispatch Confirmation” the email we send you confirming your order (at which point the contract between us will be formed);
“Materials” defined in clause 2.2;
“Products” means any products offered for sale on the Site;
Services” means any information and services ordered and/or provided by Cosmoherb through or via the Site. For the avoidance of doubt, any electronic information supplied to you by Cosmoherb will constitute part of the “Service” not a Product and cancellation rights will apply accordingly;
Site” means the web site at the URL www.cosmoherbshop.com or WAP site or replacement site(s) from time to time;
“Submission” means any written comments including a Review that you supply to us or post directly to the Site relating to the Products together with any photographs.
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2.Use of this Site
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2.1 This site may only be used for personal and lawful purposes and in accordance with these terms. Any copying or any use of any of the material contained herein for any purpose whatsoever without written consent is hereby prohibited.
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2.2 The intellectual property rights in all materials on the Site and supplied as part of the Products or Services (“Materials”) are owned by Cosmoherb or any third party licensors, duly licensed by Cosmoherb. Except to the extent expressly set out in these terms and conditions, any copying of any of the material contained herein, any removal or change on this Site, inclusion or creation of any links to or from the Site, removal or change of any copyright, trade mark or other intellectual property right notices contained in any Materials or copies or the Materials without written consent is hereby prohibited.
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2.3 Should you make a Submission to us, you agree to grant us an exclusive, irrevocable, perpetual licence to use it on the Site (and make it available to other users) and in our marketing materials and for any other business purposes, and to edit your Submissions in the event that Copsmoherb deems it necessary or desirable to do so for whatever reason.
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2.4 You acknowledge that making a Submission does not guarantee that such Submission, or any part thereof, shall appear on the Website, but agree that Cosmoherb may, at its sole discretion, choose to display any Submission or any part of a Submission that you make on the Website.
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2.5 You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any Submissions that you make to the Website.
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2.6 You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of Cosmoherb or any third party.
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2.7 Cosmoherb accepts no obligation to monitor the use of the Site. However, Cosmoherb reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials; to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Cosmoherb will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
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2.8 Cosmoherb may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.
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3.Your personal information
3.1 Use of your personal information is governed by Cosmoherb’s Privacy Policy, which forms part of these terms and conditions. In the event that Cosmoherb undergoes reorganisation or is sold to a third party, you agree that any personal information Cosmoherb holds about you may be transferred to that reorganised entity or third party and used in accordance with the Privacy Policy.
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4.Liability
4.1 You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms or in accordance with your statutory rights, Cosmoherb does not enter into conditions, warranties or other terms in relation to the Site or the Services or any guaranteed or predicted result from using the Site, Services or Products.
4.2 The Site includes links to external sites and co-branded pages. Cosmoherb has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. Cosmoherb does not endorse the content of external sites and is not responsible for the content of these sites and pages or for anything provided by them.
4.3 Subject to the important liability statement, Cosmoherb is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.
4.4 The Site or documents sent with a Product, or the packaging or labelling of a Product may contain instructions for use, warnings, contra-indications and other notices. You must read and follow these notices carefully and ensure others who use the Products do so. Subject to the important liability statement, we will not be legally responsible to you if any of these are not observed.
4.5 Cosmoherb does not seek to exclude or limit liability for:
(a) death or personal injury caused by our negligence or the negligence of our directors, employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the implied terms of the Sale of Goods Act, the Defective Products (Civil Liability) Act and General Demand on the Safety of Products Act.
and all exclusions or limitations of the liability of Cosmoherb which are set out in these terms and conditions shall at all times be subject to the provisions of this clause 4.4.
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5.Suspension and termination of Service
5.1 Cosmoherb may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or pages linked to it will not necessarily be uninterrupted or error free.
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5.2 Cosmoherb may terminate the Service and cease to send you Products immediately in the event you breach any of these terms and conditions or if you are late in or do not pay any sums due to Cosmoherb.
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6.Eligibility to purchase Products
6.1 Cosmoherb does not sell Products to children under the age of 18 on this Site although it may sell Products suitable for children to adults. If you are under 18, you may use the non-transactional parts of the Site but you may not purchase Products from the Site. By ordering Products you represent that you are 18 years of age or older.
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6.2 In order to purchase Products, you must have a PayPal account and pay via the PayPal website or the PayPal application. You warrant that the PayPal login you submit is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer or payment provider. Cosmoherb is not responsible in the event that your payment card provider refuses to authorise payments.
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7.Contract Formation
7.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to Cosmoherb to buy a Product via the Site (and Cosmoherb reserves the right to refuse orders for Products). No contract will exist in relation to the Products until we have confirmed to you by email that the Product has been dispatched (Dispatch Confirmation). Our acceptance to your offer will be deemed complete and the contract between us shall be formed when we send you the Dispatch Confirmation email info@cosmoherbshop.com
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8.Pricing, availability and dispatch information of Products
8.1 Information displayed on the Site as to pricing and availability is subject to change by Cosmoherb. Payment for the Products will be made via the Site in accordance with the procedure explained on the Site.
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8.2 While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to Products are approximate. As we process your order, we will inform you by email, telephone or SMS, if any Products you order turn out to be unavailable. Please allow up to 10 business days for delivery in extreme circumstances.
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8.3 In spite of our best efforts, it is possible that a Product may be mispriced on the Site. We do, however, confirm prices as part of our dispatch procedures. Where a Product’s actual price is lower than that stated on the Site, we will charge the lower amount and send you the Product. If, however, the actual price is higher than that stated on the Site, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. Prices are inclusive of VAT.
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8.4 Products will be dispatched to your delivery address as soon as reasonably possible after acceptance of your order. Delivery charges and sales tax will be made in accordance with your location and you will be informed of the relevant charge on the Site before you confirm your order.
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9.Warranties
9.1 Cosmoherb warrants that the Services will be supplied with reasonable skill and care.
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10.Statutory rights and refunds
10.1 We amend these terms and conditions from time to time. Please look at the top of this page to see when these terms and conditions were last updated. Every time you order products from us, the terms and conditions in force at the time of your order will apply to the contract between you and us. If we have to revise these terms and conditions and this has a material impact on your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. By browsing the Site you are accepting that you are bound by the current terms and conditions which relate to your use of the Site. You should check these each time you revisit the Site.
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10.2 These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.
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10.3 If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision.
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10.4 Cosmoherb may delay enforcing its rights under these terms and conditions without losing them.
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10.5 You agree that Cosmoherb may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.
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10.6 These terms and conditions shall be governed and interpreted in accordance with Cyprus law, and you consent to the non-exclusive jurisdiction of the Cyprus courts.
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10.7 If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then please address them to Cosmoherb Customer Service Department, 3 Kithiron str., 4187 Limassol , Cyprus or email info@cosmoherbshop.com
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11.Competitions & Promotions
11.1 Promotions
Promotional offers are valid when used online at www.cosmoherbshop.com and will allow money off when you order from Cosmoherb. Offers may require the use of specific codes to be entered during the checkout process. Codes are valid for a set length of time. Promotions are often unique and cannot be used in conjunction with other offers. Offers may be limited to one use per customer.
In the event of a return of goods purchased using a promotional code, refunds will be credited for the original amount paid and to the original method of payment. Promotional codes do not apply towards any delivery charges; the promotional code is not applied to any delivery services available online. Cosmoherb reserves the right to amend the terms and conditions of this promotion at any time and to take the appropriate action including cancellation of the code.
11.2 General
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By participating in the Promotion, you agree to be bound by these Terms and Conditions and by our decisions, which are final in all matters relating to these Terms and Conditions, the Promotion, the draw and/or the results and no correspondence or discussion shall be entered into. These conditions shall also apply toy any promotion and/or competition and/or giveaway announced and/or conducted through social media.
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2.To the extent permitted by law we accept no responsibility for lost, late, misdirected, undeliverable or incomplete entries, whether due to system errors or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise.
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3.Personal information collected from entrants will be used by us solely in connection with the Promotion and will not be disclosed to any third party except for the purpose of operating the Promotion and fulfilling the prize where applicable.
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4.These Terms and Conditions shall be governed by and construed in accordance with Cyprus law and any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Cyprus Courts.