Terms of service
OVERVIEW
This website is operated by Cosmo. Throughout the site, the terms “we”, “us” and “our” refer to Cosmo. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including additional terms and policies referenced here or available by hyperlink (e.g., Privacy Policy, Shipping Policy, Return Policy). These Terms apply to all users of the site.
Please read these Terms carefully before using our website. If you do not agree, you may not access the website or use any services. Any new features or tools added to the store are also subject to these Terms. You can review the most current version at any time on this page. We may update these Terms by posting changes to the website. Your continued use constitutes acceptance.
Our store is hosted on Shopify Inc., which provides the ecommerce platform that allows us to sell our products and services to you.
1. ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your province or state of residence, or that you are the age of majority and have given consent for any minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor violate any laws in your jurisdiction (including copyright laws). You must not transmit worms, viruses, or destructive code. A breach of these Terms may result in immediate termination of your access.
2. GENERAL CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements. Credit card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission. Headings are for convenience only and do not limit these Terms.
3. ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
Site content is provided for general information and may not be current, complete, or accurate. Reliance on site material is at your own risk. We may modify site contents at any time but have no obligation to update information.
4. MODIFICATIONS TO THE SERVICE & PRICES
Prices are in Canadian dollars (CAD) and are subject to change without notice. Taxes (including GST and QST) and shipping are added at checkout where applicable.
We may modify or discontinue the Service (or any part) at any time without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance.
5. PRODUCTS, SERVICES & PROFESSIONAL USE
Certain products or services may be available exclusively online and may have limited quantities, subject to our Return Policy. We attempt to display colors and images as accurately as possible, but cannot guarantee your monitor’s accuracy.
We reserve the right to limit sales to any person, geographic region, or jurisdiction; to limit quantities; to change descriptions or pricing; and to discontinue any product at any time.
No medical advice: Products, descriptions, and content are for cosmetic/wellness use and do not diagnose, treat, cure, or prevent disease. Always follow product labels and consult a licensed professional for medical concerns or if you are pregnant/breastfeeding, have a medical condition, or are using prescription medications.
6. ACCURACY OF BILLING & ACCOUNT INFORMATION
We reserve the right to refuse or limit any order (e.g., by customer, household, card, or address). If we change or cancel an order, we may attempt to notify you via the contact details provided at purchase. We may limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information and to promptly update details (email, card numbers, expiry dates) so we can complete transactions and contact you as needed.
7. SHIPPING, RISK OF LOSS & TITLE
Shipping options, timelines, and fees are shown at checkout and in our Shipping Policy. Risk of loss and title for products pass to you upon our delivery to the carrier. We are not responsible for delays once an order has shipped. For missing/damaged shipments, contact us within the window specified in our Shipping Policy.
8. OPTIONAL TOOLS & THIRD-PARTY SERVICES
We may provide access to third-party tools and integrations “as is” and “as available” without warranties or endorsements. Your use is at your own risk and subject to the third party’s terms. We are not liable for any third-party materials, websites, products, or services. Review third-party policies before engaging in any transaction.
9. USER CONTENT: COMMENTS & SUBMISSIONS
If you submit content (e.g., reviews, comments, ideas), you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, reproduce, modify, publish, translate, distribute, and display such content in any media, without obligation to compensate you.
You agree your submissions will not violate any third-party rights, contain unlawful, abusive, or obscene material, or introduce malware. You are solely responsible for your submissions and their accuracy. We may monitor, edit, or remove content at our discretion.
10. PERSONAL INFORMATION & PRIVACY
Your submission of personal information through the store is governed by our Privacy Policy (available via the footer link on our website). By using the site, you consent to our collection and use of your information as described there.
11. ERRORS, INACCURACIES & OMISSIONS
Occasionally there may be information on the site or Service that contains typographical errors, inaccuracies, or omissions (e.g., product descriptions, pricing, promos, offers, shipping charges, transit times, availability). We reserve the right to correct, update, or cancel orders if any information is inaccurate, at any time and without prior notice, including after you submit your order, as permitted by law.
12. PROHIBITED USES
In addition to other prohibitions in these Terms, you are prohibited from using the site or its content: (a) for unlawful purposes; (b) to solicit unlawful acts; (c) to violate international, federal, provincial, or state regulations; (d) to infringe our or others’ intellectual property; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit malware; (h) to collect or track others’ personal information; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to interfere with security features. We may terminate your use for any violation.
13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free, or that results will be accurate or reliable. You agree we may remove the Service for indefinite periods or cancel it at any time without notice.
The Service and all products delivered through it are provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except where prohibited by law.
In no case shall Cosmo or our directors, officers, employees, affiliates, agents, contractors, suppliers, or service providers be liable for any indirect, incidental, special, consequential, punitive, or similar damages, including lost profits, revenue, savings, data, replacement costs, or other intangible losses, arising from your use of the Service or any products, even if advised of the possibility, except to the extent liability cannot be excluded under applicable law.
14. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Cosmo and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, arising out of your breach of these Terms or your violation of any law or third-party right.
15. SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the unenforceable portion will be deemed severed. The remaining provisions remain valid and enforceable.
16. TERMINATION
Obligations and liabilities incurred prior to termination shall survive termination. These Terms are effective unless and until terminated by you or us. You may terminate by ceasing site use and notifying us. If, in our judgment, you fail to comply with any term, we may terminate this agreement without notice and you will remain liable for all amounts due up to the termination date, and we may deny you access to the Service.
17. ENTIRE AGREEMENT
These Terms, together with policies or operating rules posted on the site (including our Privacy Policy, Shipping Policy, and Return Policy), constitute the entire agreement between you and us and supersede any prior agreements or communications. Any ambiguities are not to be construed against the drafting party.
18. GOVERNING LAW & JURISDICTION
These Terms and any separate agreements whereby we provide you Services are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. You agree to the exclusive jurisdiction and venue of the courts located in Montreal, Quebec, for any disputes, subject to mandatory consumer protection laws that may grant you additional rights.
19. CHANGES TO TERMS
You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates. Your continued use of the website or Service following the posting of changes constitutes acceptance.
20. CONTACT INFORMATION
Questions about the Terms should be sent to hello@cosmoskin.ca.