Terms of service

Terms and Conditions

This agreement applies as between you and Cosmic Lens Limited trading as Cosmic Lens Jewellery of 4 Canavan Way, Salford M7 1AZ, United Kingdom. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your order through the website.

1.Basis of Order And Acknowledgement

1.1 The Contract is subject to these terms and conditions to the exclusion of all other terms and conditions (including any terms and conditions you purport to apply in any Contract). Minimum order quantities may apply at our discretion.

1.1 A Contract shall not be effective until we have issued written acknowledgement and acceptance of such Contract (notwithstanding any earlier confirmation of receipt). We may in our sole discretion decline any purchase order placed by you. No change or modification of the Contract shall be allowed after acceptance by us unless accepted in writing by us. If there is any conflict between the prices indicated online and our acknowledgment of the Contract then the latter shall take precedence.

2. Product Descriptions and Prices

We do our best to ensure that the information about Products is accurate and up-to-date. However we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them. Also, the colours you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colours. We reserve the right to modify the information about Products displayed on our Site, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email.

3.Purchases

3.1 To complete a purchase, you first have to place an Order for Products. Then, this Order has to be accepted by us. To place an Order you will have to select the Products on the Site, select your preferred shipping method and, if you like, other optional services, and finally click on the “CONFIRM” button. We will not accept Orders placed in any way other than as detailed above.

3.2 When you place the Order through the Site you will receive an automated email confirming receipt of your Order. The Order Receipt email contains full details of your Order (such as Order No., information on Products, prices, your shipping address, delivery costs and other). Please note the Order Receipt email is NOT already an acceptance of your Order.

3.3 When your Order is accepted by us, we send you an email confirming that all, or part, of the Products have been shipped ("Shipping Confirmation email"). Once you receive the Shipping Confirmation email, your Order has been finally accepted by us and the purchase contract between you and us is concluded in relation to the Products actually shipped. Such a contract is composed by: your Order; our Order Receipt and Shipping Confirmation emails; the then current Terms and Conditions shall apply.

4. When Orders are not accepted

While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if: you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address; we discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed;the Products you ordered are unfortunately out of stock or no longer available; We have reasonable grounds to believe that you intend to resell the Products. If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order.

If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Products.

5. Delivery And Acceptance

5.1 Unless agreed otherwise by us in writing or expressly stated to you:

(a) we will arrange for Royal Mail to transport the Product and at your risk and cost, and delivery will take place when the Product is made available to Royal Mail at our premisses. Delivery dates are estimates only and subject to Royal Mail`s Terms and Conditions. We will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Product, nor will any delay entitle you to terminate or rescind the Contract.

5.2 If for any reason you do not take delivery of the Product, or Royal Mail is unable to deliver the Product, on the estimated delivery dates because you have not provided appropriate instructions or you have not paid in advance those delivery costs, then such Product will be deemed to have been delivered and risk shall pass to you. We may at our option store such Product until actual delivery whereupon you will be liable for all related costs and expenses (including without limitation storage and insurance).You shall promptly notify Royal Mail of any damage to, loss from or non-receipt of any Product. We shall not be liable for any such damage, loss or non-receipt.

5.3 We may, at our option, make partial shipments of the Product in which case each delivery shall constitute a separate contract. Failure by us to deliver any one or more of the shipments in accordance with these terms and conditions or any claim by you in respect of any one or more shipments shall not entitle you to terminate the whole Contract or refuse to accept subsequent shipments. You shall accept any early delivery.

5.4 You will be deemed to have accepted the Product as being in accordance with the Contract, we shall have no liability for any defect and/or failure and you shall be bound to pay the price unless: (a) within fifteen (15) days of the date of delivery of the Product, you notify us in writing of any defect apparent upon inspection of the Product to conform with the Contract; or (b) you notify us in writing of any failure of the Product to conform to the Contract within a reasonable time where the defect and/or failure would not be so apparent within fifteen (15) days of the date of delivery.

5.4 You shall be responsible for checking that all documentation supplied by us to you is accurate and free from error. We agree to remedy any inaccuracies/errors in such documentation provided that you have notified us of the inaccuracies/errors within thirty (30) days of receipt of the relevant document(s).

6. Passing Of Risk And Title

The risk in the Product shall pass to you on delivery as set forth herein. The full legal, beneficial and equitable title to the Product shall remain vested in us (even though they have been delivered and risk has passed to you) until we give written notice to you to pass legal and beneficial ownership of the Product to you or, if earlier: (a) payment in full, in cash or cleared funds, for all the Product has been received by us; and (b) all other money payable by you to us on any other account or under the Contract or any other contract or order has been received by us. Our rights and remedies set forth herein are in addition to and shall not in any way prejudice, limit or restrict any of our other rights or remedies under the Contract or in law or equity. We shall be entitled to maintain an action against you for the price of the Product notwithstanding that legal, equitable and beneficial title to and property in the Product has not passed to you.

7. Warranty

7.1 We warrant that the Product furnished hereunder shall, at the time of delivery, be free from defects in material and workmanship. You shall submit to us reasonable written details establishing a breach of the warranty set forth above. Unless agreed otherwise by us in writing, our liability for failure of any Product to comply with the foregoing shall be limited to replacing or repairing that Product found. We shall pay all reasonable return packaging and transportation costs of a valid claim. If requested by us, you shall promptly deliver back to us any Product which have been replaced.

7.2 We shall not be liable for a breach of the warranty in any of the following circumstances: (i) the Product has been modified, altered, used in its intended purpose or misuse or neglect; (ii) the Product has not been used in accordance with our instructions; (iii) normal wear and tear, wilful or accidental damage; (iv) Product with a stated shelf life or “use by” date, if such shelf life has expired or “use by” date has passed; (vii) the price for the Product, or any other goods or services supplied by us or our affiliates, has not been received in full.

7.3 Minor deviations from specifications which do not affect performance of the Product shall not be deemed to constitute defects in materials or workmanship or a failure to comply with the specifications referred to.

8. Exclusion And Limitation Of Liability

8.1 These terms and conditions set out our entire liability (including any liability for the acts or omissions of our sub-contractors) in respect of the Product supplied by us and any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract. Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation or for any liability that cannot legally be excluded or limited.

8.2 In no event shall we be liable for: (1) any loss of anticipated profits; (2) any loss of actual profits, (direct or indirect); (3) any loss of anticipated savings; (4) any loss of business or revenue; (5) any economic loss of whatever nature; (6) any indirect, special or consequential loss or damage, or punitive or exemplary damages, howsoever caused; (7) any loss arising as a result of any third party bringing a claim of any nature whatsoever; and/or (8) any loss resulting from use, application of or results obtained from any software incorporated into the product.

8.3 We shall not be liable for any such loss whether or not any such loss or damage was foreseen, direct, forseeable, known or otherwise.our total aggregate liability arising out of or in connection with the performance or contemplated performance of the contract whether for negligence or breach of contract or for any cause whatsoever shall in no event exceed the price paid by you for the product giving rise to your claim.

8.4 To the extent permitted by law, the period in which any claim arising out of or related to the contract must be brought is limited to one year from the date that such claim or cause of action is discovered or should have been discovered with the exercise of due diligence, and no claim may be brought after the expiry of this agreed limitation period.

8.5 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

9. Returns, damages and issues

Due to the nature of our business, custom and personalised orders cannot be returned unless they arrived damaged or defective.

Please inspect your order upon reception and contact us within 14 days of the delivery if the item is defective, damaged or if you receive the wrong item so that we can evaluate the issue and make it right.

10. Damaged or Faulty Items

10.1 In the unlikely event that you have received a damaged item, please fill out a returns request, including as much information as possible about the fault you have discovered so we can thoroughly investigate the issue for you. As part of this process we may ask for a photo of the fault or damage so we can assess the best course of action. We may offer a repair or exchange for your faulty item(s), refunds for faulty items will be given at our discretion.

10.2 Please note that we do not cover damage or faults caused by neglect, misuse, or normal wear and tear. However, if you do damage one of your items, we may be able to repair it for you or suggest a solution, so please do not hesitate to get in touch with us.

11. Chargebacks

You agree to contact us prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through us, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.

12. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

13. Privacy

13.1 For the purposes of applicable data protection legislation, Cosmic Lens Jewellery will process any personal data you have provided to it in accordance with our Privacy Policy available on the Cosmic Lens Jewellery website or on request from Cosmic Lens Jewellery .

13.2 You agree that, if you have provided Cosmic Lens Jewellery with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Cosmic Lens Jewellery and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Cosmic Lens Jewellery’s website or otherwise provided a copy of it to the third party. You agree to indemnify Cosmic Lens Jewellery in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

14. Disclaimers

Cosmic Lens Jewellery makes no warranty or representation that the Products will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Products .

15. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

16. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

17. Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@cosmiclensjewellery.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

18. Law and Jurisdiction

These terms and conditions and the relationship between you and Cosmic Lens Jewellery shall be governed by and construed in accordance with the Law of England and Wales and Cosmic Lens Jewellery and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

Terms of Use

This agreement applies as between you, the User of this Web Site and Cosmic Lens Jewellery, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms of use is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms of use, you should stop using the Web Site immediately.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Cosmic Lens Jewellery” means Cosmic Lens Limited trading as Cosmic Lens Jewellery 4 Canavan Way, Salford M7 1AZ, United Kingdom;

“Service” means collectively any online facilities, tools, services or information that Cosmic Lens Jewellery makes available through the Web Site either now or in the future;

“System” means any online communications infrastructure that Cosmic Lens Jewellery makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” means any third party that accesses the Web Site and is not employed by Cosmic Lens Jewellery and acting in the course of their employment; and

“Web Site” means the website that you are currently using (https://www.cosmiclensjewellery.co.uk).

2. Intellectual Property

2.1 All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Cosmic Lens Jewellery, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

2.2 Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Cosmic Lens Jewellery.

2.3 Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

3. Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Cosmic Lens Jewellery or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

4. Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.cosmiclensjewellery.co.uk without prior permission.

5. Privacy

5.1 For the purposes of applicable data protection legislation, Cosmic Lens Jewellery will process any personal data you have provided to us in accordance with our Privacy Policy available on the Cosmic Lens Jewellery website or on request from Cosmic Lens Jewellery.

5.2 You agree that, if you have provided Cosmic Lens Jewellery with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Cosmic Lens Jewellery and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Cosmic Lens Jewellery’s website or otherwise provided a copy of it to the third party. You agree to indemnify Cosmic Lens Jewellery in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

6. Disclaimers

6.1 Cosmic Lens Jewellery makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

6.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

7. Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Cosmic Lens Jewellery accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

8. Limitation of Liability

8.1 To the maximum extent permitted by law, Cosmic Lens Jewellery accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

8.2 Nothing in these terms of use excludes or restricts Cosmic Lens Jewellery’s liability for death or personal injury resulting from any negligence or fraud on the part of Cosmic Lens Jewellery.

8.3 Every effort has been made to ensure that these terms of use adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms of use and shall not affect the validity and enforceability of the remaining terms of use. This term shall apply only within jurisdictions where a particular term is illegal.

9. No Waiver

In the event that any party to these terms of use fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

10. Previous terms of use

In the event of any conflict between these terms of use and any prior versions thereof, the provisions of these terms of use shall prevail unless it is expressly stated otherwise.

11. Notices

12. Law and Jurisdiction

These terms of use and the relationship between you and Cosmic Lens Jewellery shall be governed by and construed in accordance with the Law of England and Wales and Cosmic Lens Jewellery and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.