These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through the website, www.cosmicbrushes.co.uk
Please read carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
Definitions and Interpretation
In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of Goods, as explained in Clause 8.
“Goods” means the goods sold by Us through Our Site.
“Goodwill Guarantee” means the goodwill guarantee offered by Cosmic Brushes ltd [, a limited company registered in England under 11049210, whose registered address is 84 High st, Doncaster. and whose main trading address is Unit 8 Jupiter Park, Doncaster], which exists to enhance the legal rights of Our customers in the United Kingdom to change their mind and return Goods to Us.
“Order” means your order for Goods.
“Order Confirmation” means our acceptance and confirmation of your Order.
“Order Number” means the reference number for your Order
“We/Us/Our” means Cosmic Brushes Ltd [, a company registered in England under 11049210, whose registered address is Unit 8 Jupiter Business Park, Bentley, Doncaster, DN5 9TJ
Information About Us
Our Site, www.cosmicbrushes.co.uk, is owned and operated by Cosmic Brushes ltd. A limited company registered in England under 11049210, whose registered address is Unit 8 Jupiter Business Park, Bentley, Doncaster, DN5 9TJ
Access to Our Site
It is your responsibility to make any and all arrangements necessary in order to access Our Site.
Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Consumers under the age of 18 may only purchase Goods through Our Site if they have had prior approval by the paying card holder.
Please note that We sell to customers in the United Kingdom and Internationally.
Goods, Pricing and Availability:
All images of Goods are for illustrative purposes only. While we make all reasonable efforts to ensure that descriptions and graphical representations of Goods correspond to the actual Goods. There may be variations in colour between the image of a product and the actual product sold due to differences in device displays and lighting conditions.
Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
Changes may be made to certain Goods between your Order being placed and Us processing the Order and dispatching the Goods. For example to reflect changes in relevant laws and regulatory requirements, or to address particular technical or safety issues. Any such changes will not alter the main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
We cannot guarantee that Goods will always be available at all times. Stock indications are provided on Our Site.
All prices are listed in British Pound Sterling (£). Cosmic Brushes is not responsible for any additional charges incurred to you due to currency exchange rates or additional bank charges. For more information or questions please contact your bank.
We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going live. We reserve the right to change prices, and to add, alter, or remove special offers as we see fit. Changes in price will not affect any order that have already been placed. In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will refund you the difference and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 28 days, We will treat your Order as cancelled and notify you of this in writing.
All prices on Our Site include UK VAT. If the UK VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
Delivery charges are not included in the price of Goods displayed on Our Site. For more information on delivery charges, please refer to our Delivery & Returns page. Delivery options and related charges will be presented to you as part of the order process.
Sales, Promotions and Coupons:
We at any time may run sales, promotions and coupon offers. These will be communicated either on Our site, via newsletter or Social media posts. Any orders placed outside of the offer period will not qualify. We reserve the right to discontinue sales, promotions and Coupons at our discretion, and at any time.
Orders – How Contracts Are Formed:
Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
Order Confirmations shall contain the following information:
Your Order Number, confirmation of the Goods ordered, itemised pricing for the Goods including where appropriate, taxes and delivery costs.
In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 business days.
Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.
You may cancel all or part of your Order anytime before your order has been processed. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 7 business day. The refund will be the amount paid in British Pound Sterling.
Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection.
Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. You will be charged at the time of placing your order for said Goods. Local taxes and import duties are paid to your local government after your order has been dispatched.
We accept the following methods of payment on Our Site:
- Credit/Debit Card (Stripe)
- Apple Pay
- Android Pay
We also offer buy now pay later options with Klarna and Clearpay. For terms and conditions please visit the respective websites.
Delivery, Risk and Ownership
All Goods purchased through Our Site will be shipped via Royal Mail, DPD, or DHL, unless stated otherwise. For information on their Terms and Conditions please refer to their website, for example : https://www.royalmail.com/terms-and-conditions/
For all Tracked International orders, you will be provided with a tracking number once your order has shipped, unless the service is a Signed for service. You will be able to track the location of your order via the relevant courier.
All shipping times displayed on the site are estimates and may vary, due to delays outside of our control. In the unlikely event that you do not receive your order within 30 days, please contact your local postal service using the tracking number provided. We accept no responsibility for lost or stolen packages once that order is in transit. If your tracking shows as "Delivered" but it was stolen, you will need to file a report of theft with your local postal service e.g USPS. A claim for a replacement cannot be filed without this. If your order has been lost or stolen please notify Us after contacting your local postal service, at email@example.com and we can put in a claim on your behalf through Royal Mail which may take up to 30 days without guarantees of a settlement for a refund. PLEASE NOTE : YOU ARE RESPONSIBLE FOR SELECTING A SECURE LOCATION FOR YOUR PARCEL TO BE DELIVERED TO.
Providing the correct shipping information:
It is the customers responsibility to provide the correct and valid shipping address at the time of placing an order. Cosmic Brushes will not accept responsibility for failed deliveries when an incorrect shipping address has been provided. Please ensure before completing your order all the information is correct. If you notice that after completing your order a mistake has been made please contact us immediately via email at firstname.lastname@example.org so we can rectify any issues.
If an order is returned to us due to an incomplete or incorrect shipping address we will contact you via email to discuss further action. We reserve the right to charge for any additional costs that are incurred to us for example if we were to ship your items out again. If after 28 days no contact has been made we will cancel the order and refund the subtotal of the order NOT INCLUDING THE COST OF SHIPPING.
Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address [including, where relevant, any alternative address] you have provided.
For International orders charges may be applied to your order before being released from customs, failure to pay may result in delays or your order being returned to us. We cannot accept any liability for paying any customs charges that are incurred. If you have questions or for more information please contact your local customs office or visit your government website.
EU customers please be aware that with the UK leaving the European Union on January 1st 2021, new regulations are in place when shipping to European countries. Whilst every effort has been made by Us to make this transition as smooth as possible, delays in receiving your order(s) may occur which are beyond our control.
New customs charges may also apply to European destinations and regions. In most circumstances these will need to be paid before receiving your order. However you may be billed after the goods have been successfully delivered. We cannot accept any liability for paying any customs charges that are incurred. For more information or if you have any questions regarding customs fees please contact your local customs office or visit your government website.
As of July 1st 2021 orders sent to countries in the EU are shipped on a DDU (delivery duty unpaid) basis and will be subject to import duties and local taxes. These are to be paid directly to your government.
Faulty, Damaged or Incorrect Goods:
Please contact us immediately via email email@example.com to discuss next steps if for any reason the Goods you received are faulty or damaged or you have received an incorrect item in your order.
We provide a 1 year warranty against faults resulting in the manufacturing or handcraft process.
Returns can be made within 14 days of receiving your order.
Please contact us at firstname.lastname@example.org providing your order number and reason for wanting to make a return.
Full refunds will be given within 7 days of receiving the returned order, providing the item(s) meet our terms and conditions.
You will receive a confirmation email once a refund has been issued.
We do not accept any returns on products that have been used, unless faulty.
Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
We will inform you as soon as is reasonably possible;
We will take all reasonable steps to minimise the delay;
To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
If the event outside of Our control continues for more than 30 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 7 days of the date on which the Contract is cancelled;
If an event outside of Our control occurs [and continues for more than 30 days] and you wish to cancel the Contract as a result, you may do so in any way you wish,
Post: Unit 8 Jupiter Business Park, Bentley, Doncaster, DN5 9TJ
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 7days of the date on which the Contract is cancelled.
Communication and Contact Details
If you wish to contact Us with general questions or complaints, you can contact us via email at email@example.com
Complaints and Feedback
We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
All complaints are handled in accordance with Our complaints handling policy and procedure, available from Our contact Form https://www.cosmicbrushes.co.uk/contact.html respectively.
If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
By email, addressed to Cosmic Brushes Complaints and Feedback firstname.lastname@example.org
How We Use Your Personal Information (Data Protection)
All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
We may use your personal information to:
Provide Our Goods and services to you;
Process your Order (including payment) for the Goods; and
Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
We will not pass on your personal information to any third parties [without first obtaining your express permission].
Other Important Terms
We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
[You may transfer (assign) the benefit of Our Goodwill Guarantee in Clause 12 to any person to whom you transfer ownership of the Goods after you have completed purchasing the Goods from Us (for example, by selling the Goods to that person or giving them the Goods as a gift). [We may require that person to provide reasonable evidence that they are now the legal owner of the Goods in question, such as receipt of original purchase.
You may not transfer (assign) your [other] obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale. [This is subject to sub-Clause 18.2 and any purchaser to whom the guarantee has been transferred under that sub-Clause will be entitled to enforce the guarantee.]
If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 7 days of your cancellation.
Law and Jurisdiction
These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of [England & Wales] [Northern Ireland] [Scotland].
If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of [England & Wales] [Northern Ireland] [Scotland]
4 interest-free payments