These conditions of use and sale were last updated on 10th October 2021.

Cosmic Lovers provide website features and other products and services to you when you visit or shop at Cosmiclovers.com.au (the “website”) collectively called “Cosmic Lovers Products”.

The Cosmic Lovers Products include the information, content, materials, products, and software included on or otherwise made available to you through the Cosmic Lovers Products and references to the Cosmic Lovers Products in these Conditions of Use & Sale include any or all of these. Cosmic Lovers provides the Cosmic Lovers Products and sells our products to you subject to the conditions set out on this page.

Conditions of Use

Please read these conditions carefully before using Cosmic Lovers Products. By using Cosmic Lovers Products, you agree to be bound by these conditions.

1. PRIVACY
Please review our Privacy Notice which also govern your use of Cosmic Lovers Products, to understand our practices.

2. ELECTRONIC COMMUNICATIONS
When you use any Cosmic Lovers Products or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other Cosmic Lovers Products. You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. COPYRIGHT AND OTHER RIGHTS
All content included in or made available through any Cosmic Lovers Product, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Cosmic Lovers or its content suppliers and is protected by Australian and international copyright and authors’ rights laws and (where applicable) database right laws.
Other than to the extent necessary to use any Cosmic Lovers Product for its permitted purpose and in accordance with these Conditions of Use and the applicable Service Terms, you may not copy, extract and/or re-utilise any content of any Cosmic Lovers Product without our express written consent, including, without limitation, any product listings, descriptions, prices and account information. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of any Cosmic Lovers Product or its content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Cosmic Lovers Product or its content without our express written consent.

4. TRADEMARKS
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Cosmic Lovers Product are trademarks or trade dress of Cosmic Lovers. Cosmic Lovers’s trademarks and trade dress may not be used in connection with any product or service that is not Cosmic Lovers’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Cosmic Lovers. All other trademarks not owned by Cosmic Lovers that appear in any Cosmic Lovers Product are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cosmic Lovers. You may not frame or use framing techniques to enclose any trademark or logo (including images and text) of Cosmic Lovers without our express written consent. You may not use any meta tags or any other “hidden text” utilising Cosmic Lovers’s names or trademarks without our express written consent.

5. RIGHTS OF ACCESS AND USE
Cosmic Lovers or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and make personal and non-commercial use of the Cosmic Lovers Products. The right granted to you does not include any license or permission to use the Cosmic Lovers Product or any part thereof for the benefit of any third party, or to resell or make any commercial or derivative use of any Cosmic Lovers Product or any part thereof.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Cosmic Lovers or its licensors, suppliers, publishers, rights holders, or other content providers.
You may not misuse the Cosmic Lovers Products. You may use the Cosmic Lovers Products only as permitted by the relevant Service Terms and in accordance with law. Without limiting any other rights we have at law and under these Conditions of Use or the relevant Service Terms, the access and use rights granted by Cosmic Lovers under these Conditions of Use terminate if you do not comply with this Section 5.

6. YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account and password. Except to the extent caused by our breach of this Agreement, you are responsible for all activities that occur under your account regardless of whether the activities are authorized by you or undertaken by you, and we are not responsible for unauthorized access to or use of your password or account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorised manner. You must ensure that the details you provide to us are correct and complete. You can access and update certain information you have provided to us, and your account settings, in the My Account area of the website.

You may not use any Cosmic Lovers Product: (i) in any way that causes, or is likely to cause, any Cosmic Lovers Product, or any access to it to be interrupted, damaged or impaired in any way, (ii) in any way that may interfere with or harm any other user of an Cosmic Lovers Product; (iii) for fraudulent purposes, or in connection with a criminal or other unlawful activity, or (iv) in any manner that is not permitted under these Conditions of Use and the relevant Service Terms.
If we have concerns with your account, or activity relating to your account, or if you are in breach of applicable laws, these Conditions of Use, or the relevant Service Terms, we reserve the right to take action on your account in accordance with these Conditions of Use, and the relevant Service Terms, including without limitation by (i) refusing service, (ii) suspending or restricting access to your account, (iii) terminating your account; or (iv) removing or editing content you post using your account. The action we elect to take and any notice you may receive will vary depending on the Cosmic Lovers Product, the circumstances and our assessment of relevant factors. Suspension or termination of a Cosmic Lovers Product may occur in connection with, or result in suspension or termination of other Cosmic Lovers Products. At any time, you may, in accordance with the applicable Service Terms and using the tools and settings we make available to you for each Cosmic Lovers Product, cease using any Cosmic Lovers Product, terminate your account or the Cosmic Lovers Product, or remove or edit certain content and material you post (each as permitted by that Cosmic Lovers Product).

7. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post reviews, comments and other content; send communications; and submit suggestions, ideas, questions or other material, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You must not post or send any content that contains software viruses, or that comprises political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such content or communication. We reserve the right (but not the obligation) to remove or edit such content.

If you post content or submit material, and unless we indicate otherwise, you grant: (a) Cosmic Lovers a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Cosmic Lovers, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, as applicable, you: (i) consent to any infringement of; and (ii) agree to waive, any right you have to be identified as the author of such content and any right you have to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Cosmic Lovers, at our request.

You are responsible for your content and you represent and warrant that you own or otherwise control all of the rights to the content and material that you post and that, as at the date that the content or material is posted it: (i) is accurate; (ii) complies with these Conditions of Use and any applicable Service Terms; and (iii) does not breach any applicable laws. You agree to indemnify Cosmic Lovers for all claims brought by a third party against Cosmic Lovers arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to remove the content or material when we receive from a relevant party a valid Notice Form as described in these conditions relating to the content or material.

8. INTELLECTUAL PROPERTY CLAIMS
Cosmic Lovers respects the intellectual property of others. If you believe that an item or information on any Cosmic Lovers Product infringes your intellectual property rights, please contact Cosmic Lovers at info@cosmiclovers.com.au.

9. SANCTIONS AND EXPORT POLICY
You may not use any Cosmic Lovers Product if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Cosmic Lovers Products. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

10. DISCLAIMER AND LIABILITY
Unless otherwise specified in writing, Cosmic Lovers disclaims, and does not make, any representation or warranty of any kind in respect of the Cosmic Lovers Products including without limitation any representation or warranty (i) that they are free of viruses or other harmful components; (ii) that your use of the Cosmic Lovers Products will be uninterrupted or error-free; or (iii) as to the suitability or availability of the Cosmic Lovers Products.

Cosmic Lovers will not be responsible for: (i) losses arising from the unavailability of, or your inability to use any Cosmic Lovers Products), (ii) losses that are not directly caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses; (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. For any other loss relating to an Cosmic Lovers Products, we limit our liability to the amount you have paid to us for the relevant Cosmic Lovers Product.

Nothing in these conditions is intended to (i) override any express commitments Cosmic Lovers gives to you for particular Cosmic Lovers Products (for example, commitments Cosmic Lovers gives to provide a refund of fees in certain circumstances) or (ii) exclude, restrict or modify any right or remedy you have in statute including under the Australian Consumer Law or otherwise to the extent that that right or remedy cannot be excluded, restricted or modified under law. Any disclaimer, exclusion, or limitation in these conditions applies as provided for in these conditions to the full extent permitted by law and subject to any such non excludable right or remedy.

11. APPLICABLE LAW
The laws of New South Wales govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of New South Wales. Each party consents to the exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party’s, its affiliates’ or any third party’s intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. If you would like to bring a matter to our attention, please contact us.

12. COSMIC LOVERS PRODUCTS
We reserve the right to cease providing any Cosmic Lovers Product to you, to discontinue any Cosmic Lovers Product and to make changes to any Cosmic Lovers Products at any time. Your access to Cosmic Lovers Products may be suspended or restricted in accordance with these Conditions of Use and the applicable Service Terms, and as necessary for our business operations including without limitation to allow for repairs, maintenance or the introduction of new features or services.

13. AMENDMENTS
We reserve the right to make changes to any Conditions of Use and Service Terms at any time by posting the changes on our website. You will be subject to the Conditions of Use and Service Terms made available on the website at the time that you use the Cosmic Lovers Products. You may at any time, cease using any Cosmic Lovers Products, terminate your account or the relevant Cosmic Lovers Product (in accordance with Section 7) including in the event of any such change.

14. SEVERABILITY
If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

15. WAIVER
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

16. CHILDREN
We do not sell products for purchase by children. If you are under 18 you may use the Cosmic Lovers Products only with the involvement of a parent or guardian.

17. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHTS INFRINGEMENTS
If you believe that your rights are being infringed, you may fill out and submit a service request using the Contact Us form (“Notice Form”). We respond expeditiously to rights owners and their agents who complete and submit a Notice Form to communicate concerns about any alleged infringement.

Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to Cosmic Lovers the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Cosmic Lovers for all claims brought by a third party against Cosmic Lovers arising out of or in connection with the submission of a Notice Form.

Important Warning: giving false, misleading or inaccurate information in the Notice Form to Cosmic Lovers may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

Conditions of Sale

These Conditions of Sale govern the sale of products on the website.
Please read these conditions carefully before placing an order for products sold by Cosmic Lovers Australia, by placing an order you agree to be bound by these conditions.

1. OUR CONTRACT
With respect to products sold by Cosmic Lovers Australia, your order is an offer to us for you to buy the product(s) in your order. When you place an order to purchase the product(s) from us, we will send you a message confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is acknowledgement that we have received your order, and does not confirm our acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when you pick up your ordered product(s) from a designated pick up location (“Delivered”). Your contract of sale is with Cosmic Lovers Australia.
You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the My Account area of the web site. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our FAQ pages.

Please note that we sell products only in quantities which correspond to the typical needs of an average household and may refuse orders for quantities that exceed this. This applies both to the number of products ordered within a single order and the placing of several orders for the same product.

2. CANCELLATION AND RETURNS POLICIES
You may submit your cancellation request using the Contact Us section prior to the order being dispatched or directly via the telephone.

RETURNS POLICY
Products may be returned only if the products received do not match your order, that is the wrong items were Delivered.

STATUTORY RIGHTS AND REMEDIES
Our cancellation and returns policies apply in addition to other rights and remedies a person may have under law including under the Australian Consumer Law.

3. PRICING AND AVAILABILITY

We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.

Despite our best efforts, a small number of the items in our catalogue may be mispriced. If we have made a mistake and a product’s correct price is higher than the price on the website, we may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than our stated price, we will charge the lower amount and deliver the product .

4. DELIVERY TIMES
Unless otherwise stated on the website, Delivery estimates and dates are just estimates. They are not guaranteed Delivery times and should not be relied upon as such. Where estimated Delivery times apply, you are still entitled to have the products Delivered within a reasonable time. If the delay occurs before the products are dispatched, you may cancel your order at any time prior to dispatch.

5. PRODUCT INFORMATION
While we work to ensure that product information on our website is correct, products and any product packaging and materials may be different from that displayed on our website. All information about the products on our website is provided for information purposes only and our sole liability in the event any incorrect product information will be to accept a return of the product in accordance with our returns policy and your statutory rights. Cosmic Lovers accepts no liability for inaccuracies or misstatements about products. This does not affect your statutory rights. We recommend that you do not rely solely on the information presented on our website.

6. OUR CONTACT DETAILS
Contact Cosmic Lovers at info@cosmiclovers.com.au.