Terms & Conditions

Our Terms & Conditions

Thank you for taking the time to read Cosmocabana Limited’s (Cosmocabana, we, us, our) terms and conditions (Terms). By placing your order or using any functionality of our website (cosmocabana.co.uk) and / or associated social media account webpages (collectively known as ‘our sites’), you agree to be bound by the Terms set out below. The conditions below do not affect your statutory rights as a consumer according to UK law.

The Terms contained herein apply to purchases made by private individuals for personal use and not for resale.  Separate terms are applicable to commercial trade customers, contract manufacturing sales and wholesale.

Cosmocabana reserves the right to amend these Terms at any time and without notice to you. Your continued use of our sites constitutes your acceptance of the changes to these Terms. If you have any questions regarding these Terms, please contact us using the contact details on our website.

About us

Cosmocabana Ltd is a company registered in England and Wales. Our company registration number is 09684048 and our registered office address is 3 Finches Way, Burnham-on-Sea, Somerset, TA8 2QQ. Cosmocabana is not currently registered for VAT.

General - ordering & contracting

No contract will exist between you and Cosmocabana for the sale of any product until Cosmocabana accepts your order, which (where accepted by us) will result in a binding contract. 

Acceptance of your order will be deemed complete when we email you to accept the order (irrespective of whether that email is acknowledged or received by you), at which point a contract will come into existence between you and us. Cosmocabana reserves the right to not complete any order it wishes to providing that no payment has been taken or a full refund is given.

In instances where we are unable to accept your order, we will inform you and not charge you for the product. Such circumstances may include the product being out of stock, an error in the product description or pricing, or not being able to meet a delivery deadline you have specified.

We make every effort to ensure that the information held on our sites is complete and correct. Cosmocabana takes no responsibility and shall not be held liable for any information relating to a third-party that is incomplete, inaccurate or out of date.

Cosmocabana will not be held responsible for any loss, consequential loss or damage to any individual or business which may have occurred from the use (or misuse) of any product or any information contained on our sites.

Product and packaging specifications and their pricing are subject to change or substitution without prior notice. While every effort is made to supply all items listed on our sites, there may be occasions where this is not possible. In these instances, and where time permits, we will contact you and offer a substitute of the same or greater value.

If you wish to make changes to your order prior to dispatch, please contact us and we will let you know if the changes are acceptable and what steps need to be taken to complete the order as per the requested changes.

Our online website, cosmocabana.co.uk, is the only authorised seller of Cosmocabana lip balms online. Our products may be available in other physical retail stores. These official store outlets will be listed on cosmocabana.co.uk.

Any purchases made from other sellers will be subject to their own terms and conditions. Cosmocabana will not be responsible for lost items, unfilled orders, damage or quality issues where items are purchased through a third-party where Cosmocabana is not the direct supplier.

Our website cosmocabana.co.uk been designed to be compatible with modern browsers and mobile screens. Minor differences in visual layout may be experienced between browsers and when using older technology. For the best visual appearance of this Site, using the most current version of a browser is recommended. We make no warranty that our sites are compatible will all computer systems and browser versions.

Payment

cosmocabana.co.uk accepts debit and credit cards from most major card issuers and payment is taken at the time of ordering. All of our transactions are processed securely through third-party payment gateways including Paypal and Stripe. We are unable to receive orders by phone or email.

No customer financial details are held or stored by Cosmocabana.

All orders are subject to online fraud and security checks by the payment gateway providers, and so as to prevent any delays or failed orders, please ensure that the payment and registered cardholder address details you provide us with are correct.

In the unlikely event that your payment card is used fraudulently to make a purchase with Cosmocabana, you are entitled to cancel the payment. If the payment has already been made, you are entitled to a recredit or to have all sums returned to you by the card issuer.

The total value of the order will be displayed on the order confirmation screen and will be in pounds Sterling. Pricing is not subject to VAT.

Delivery

Delivery prices are priced on weight and will be added automatically when an order is placed. The final price will be in pounds Sterling (unless otherwise stated).

While this may change in the future, currently (and due to regulatory, labelling and packaging requirements), we deliver only to addresses on the UK mainland. Our definition of the UK mainland includes England, Wales, Scotland, the Channel Islands and the Isle of Man.

Following regulatory changes in Northern Ireland, we are currently unable to ship to customers in Northern Ireland.

Deliveries are made by Royal Mail by first class post, which aims to deliver within 1-3 working days. Longer delivery times may be experienced if you are located in the Isles of Scilly, the Channel Islands, Isle of Man or Scottish Islands.

We always aim to deliver your order promptly but as parcels sent by Royal Mail are not tracked, we cannot monitor or accept liability for delays, particularly around peak periods (e.g. Christmas).

Royal Mail does not consider an item lost or missing for 15 working days, but please do get in touch if in the unlikely event you have not received your order within 5 working days.

The product and its storage and handling will be your responsibility from the time of delivery at the address provided at check-out. You own the product once we have accepted your order and received payment in full. As our products can melt or be damaged if left in warm or exposed conditions it remains the customer’s responsibility to ensure that products are delivered to an appropriate and safe receipt/address point and are collected promptly by the customer.

As we cannot guarantee how and where items are stored and maintained after shipping, Cosmocabana shall not be responsible for delays, damages or issues with quality (flavour or condition) of any orders placed that are forwarded on from the shipping address given at check-out.

Cosmocabana is closed over national bank holidays, the Christmas period and at various times of the year for operational needs and restocking. These periods will be announced on cosmocabana.co.uk.

Returns

All of our products are quality checked and should reach you in the best possible condition. On receipt of your order, please remove all external packaging and check that the items are undamaged (safety seals unbroken) and that the correct products and quantities have been received.

In the unfortunate event of product damage during transit or manufacturing fault, please contact us and if possible email supporting pictures to our team and we will do our best to put it right. Damaged / faulty items (sent to the address provided at check-out) can be returned to us directly and once received we will refund the full purchase cost of that item or send out a replacement by return and refund reasonable postage costs incurred. 

We shall not be liable to pay any compensation or any other losses to you other than any refund as stated above. Cosmocabana shall not be held responsible for any items forwarded on from the address provided at check-out.

We hope that you are happy with your product choices, however, if you change your mind that’s ok too.  If you choose to cancel, we are happy to refund you providing the item was received directly from us within the last 7 days and (with the exception of damage in transit) remains unopened (security seal unbroken) and undamaged. 

Please note that we reserve the right to reduce the refund value where products have been mishandled by you. All refunds are credited against the original payment method / card used to make the purchase as soon as possible after we receive the returned item and in any event within 14 days after the day on which we receive the product back from you, or earlier, where evidence is provided of delivery back to us. 

Please be aware that in the event of cancellations because of changing your mind, return postage costs will be paid by the customer except in cases where goods are faulty or damaged, as stated above.

If you wish to return products, they must be returned in their original packaging. You should ensure that you obtain proof of postage when you return an item as refunds can only be provided for items received back by us. This does not affect your statutory rights.

User conduct

If you choose or are provided with login account user and password details, you must treat that information as confidential and not disclose it to any third party. You are responsible for ensuring that any password set up for accessing your online account is reasonably cryptic to minimise the risk of hacking and misuse.

In using our sites, you agree:

  • Not to personate any other person or entity or to use a false name, email address or a name that you are not permitted or authorised to use;
  • That the personal information you provide to us when you register for an account is true, accurate and complete in all respects. You will notify us of any changes to this information.

In using our sites, you agree not to post or transmit, any material:

  • That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience, or likely to bring Cosmocabana into disrepute;
  • For which you have not obtained all necessary licences, copyrights and or approvals;
  • Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
  • Which is technically harmful (including, without limitation, computer viruses, malware, spyware or other malicious software or harmful data.

You may not misuse our sites (including, without limitation, by hacking). This includes, without limitation, activity resulting in the contravention of the Computer Misuse Act 1990 as amended.

You may not use our sites in a manner that breaks any current UK or international laws or puts Cosmocabana at risk of breaking current UK or international laws.

We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses in this section.

You agree fully to indemnify, defend and hold us, and our directors, employees and our clients and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by you, or your use of our sites.

Posting & providing content

You agree to provide content to Cosmocabana, either directly or indirectly through our associated social media account webpages (our sites), according to the following Terms.

Other than in relation to personal data, as defined in the Data Protection Act 2018 and under the General Data Protection Regulation (GDPR) (which is covered under the Privacy Policy) any material you transmit or post to our sites will be considered non-confidential and non-proprietary, unless you notify us otherwise.

You grant Cosmocabana and our nominees (i) a non-exclusive licence to use, reproduce, modify, adapt, publish, create derivative works from, distribute, and display such content throughout the world in connection with our sites, and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes, and (ii) the right to use the name (including registered and non-registered associated trademarks) that you submit in connection with such content unless you notify us otherwise.

You grant Cosmocabana and each user, a non-exclusive licence to access the submitted content through our sites, and to reproduce, distribute and display such content as permitted under these Terms.

You warrant that the personal information you provide to us when you register for an account is true, accurate and complete in all respects. You will notify us immediately of any changes to this information.

You agree not to impersonate any other person or entity or to use a false name, email address or a name that you are not authorised to use.

You also agree not to publicly post personal data for which you have not sought prior approval.

You warrant and represent that on that date that you provide the content to Cosmocabana, that you own and control all of the rights to the content provided, and that the content is (i) accurate and (ii) does not contravene the user conduct section.

With reference to the user conduct Terms you agree to indemnify Cosmocabana for all claims brought by a third party against Cosmocabana or our sites arising out of or in connection with a breach of any of the user conduct Terms.

We reserve the right (but not the obligation) to remove or edit any content.

Competitions

All competitions operated from the Cosmocabana website and official social media accounts are subject to the following rules:

Competitions will run from the date and time of posting and will close on the date specified. All competition closing times will be subject to UK time zones.

All answers must be emailed to us using the specific competition email address, as advertised. No other forms of communication will be accepted.

All answers must be received back before the closing date to qualify for valid entry into the competition. Only one answer per person is permitted and your first answer submitted to us will be accepted. Answers received after the closing date will not be accepted.

One winner will be announced per competition, drawn at random from the full list of correct answers by Cosmocabana. The decision of Cosmocabana is final.

On entering our competitions, you consent to us contacting you in the event of you winning. Winners names and location in an anonymised format  (e.g. Liz B. from Leeds) will be announced through our official social media channels.

Competition prizes are provided free of charge and at our discretion. No returns, cash alternatives or exchanges will be accepted. Cosmocabana reserves the right to withdraw, alter or change the nature of the prize or conditions of the competition at any time.

For the avoidance of doubt, any personal information supplied to Cosmocabana in the course of a competition or advertising event will not be used by Cosmocabana for marketing purposes unless your specific consent has been received.

Privacy & data protection

For the purposes of the Data Protection Act 2018 and GDPR, you acknowledge in the course of providing information for and in using our sites, certain personal information or data about you will be captured electronically or otherwise and transmitted to Cosmocabana.

Cosmocabana Ltd is the data controller for the purpose of GDPR and the Data Protection Act 2018.  Through use of our sites you consent that we may process your personal data collected in accordance with our privacy policy and for the purposes of fulfilling your orders and (where consent has been given), in the provision of company newsletters and product updates.

Cosmocabana is fully committed to GDPR and the Data Protection Act 2018 and is dedicated to the privacy of your information. We will not release your personal information to any company outside of Cosmocabana for mailing or marketing purposes unless you have given us your express permission to do so.

However, you should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your personal information and/or user information, we are entitled to do so.

If you have an account with Cosmocabana, you can log in to see the information we have stored for you and update your information within your account. You can also ask to have a copy of the information about you held by us by contacting us directly. Cosmocabana retains the right to charge for unreasonable information requests.

We cannot be held responsible for, or liable for breach of Data Protection laws for emails intercepted and/or read by others whilst in transit as a result of your use of unencrypted mail services, or as a result of viruses, malware or spyware (and similar programs) held on your operating systems, computer system or servers.

Please refer to our Privacy Policy for further information on how we collect and use your information. The Privacy Policy forms part of these Terms.

Use of cookies

Please refer to our Privacy Policy for further information on the use of cookies. By using our sites, you agree that we may place first and third-party cookies on your device. The Privacy Policy forms part of these Terms.

You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of our sites if cookies are disabled.

Copyright & intellectual property (IP) rights

Unless otherwise stated, the all content of our web site cosmocabana.co.uk and associated social media web page accounts (our sites) is protected by copyright. All rights are reserved and owned by Cosmocabana, or are included with the permission of the original owner of the rights.

You are not permitted (except where express permission to do so has been given, or you are otherwise permitted to do so by law) to modify amend, adapt, reproduce or otherwise copy, distribute, republish, disassemble, decompile, reverse engineer, create derivative works from, download, post, broadcast, transmit or re-transmit in any other way any of the content on our sites. If you suspect that another website or publication has breached these terms, please do contact us.

You are permitted to print, download, search for and retrieve content from our sites for your own personal use, research, or use internally within an organisation, providing that:

  • The original document text and any related graphic, sound, video or other media file is not altered or modified in any way;
  • The document’s associated graphics, sound, video or media files are not used in a separate context independent from the original document;
  • Cosmocabana is clearly identified as the source of the material any any attributable copyright clearly acknowledged;
  • The material is not used to endorse, or be capable of being construed in any way to suggest our endorsement of any particular commercial product, website, document or service without our express permission; and
  • The material is reproduced accurately and is not resold or reproduced for commercial or promotional gain or used in a fraudulent or misleading capacity.

Any other use of content obtained from our sites that is not in accordance with the Terms in this section is prohibited unless agreed in writing by Cosmocabana. If you propose to use the material on our sites for any other purpose, such as for use on an intranet, internet blog or publication, you should contact us directly.

The “Cosmocabana” logo and/or the registered and unregistered trademarks displayed on our sites, including “Lip Balms for Life’s Adventures” may not be reproduced without our express written approval. Please contact us explaining your intended use of our logos and intellectual property.

Permission to reproduce copyright protected material does not extend to any content on our sites which is identified as being the copyright of a third party. Under such circumstances, authorisation to reproduce such content must be obtained from the appropriate and rightful copyright holders.

Severence

If these Terms or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws or any state or country in which these Terms are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these Terms and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.

Limitation of liability & governing law

Cosmocabana will not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control, including without limitation acts of god, war, terrorism or technical difficulties.

When you purchase goods from Cosmocabana, our liability in contract, tort or otherwise arising out of or in connection with the performance or observance of its obligations to supply any goods under these Terms shall be limited to the amount of the price paid by you to us in respect of the goods in question. We do not attempt to exclude any rights you may otherwise have as a consumer that we cannot exclude as a matter of law.

Subject to scheduled maintenance and operational needs, whilst we endeavour to ensure that our sites are normally available 24 hours a day, we will not be liable if for any reason our sites are unavailable at any time or for any period.

Cosmocabana and any of our directors or employees (whether or not involved in creating, producing, maintaining or delivering our sites), exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with our sites in any way or in connection with the use, inability to use or the results of use of our site, any websites linked to our sites or the material on such websites, including but not limited to loss or damage due to viruses (or related script or program) that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing our sites or your downloading of any material from our sites or any websites linked to our sites.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

We do not warrant that products advertised for sale on our sites are appropriate or available for use outside the United Kingdom. If you access our sites from locations outside the United Kingdom, you do so at your own risk, and you are responsible for compliance with local laws.

These Terms shall be governed by and construed in accordance with English law and you irrevocably submit to the exclusive jurisdiction of the courts of England. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

 

Updated 01 November 2020.