Terms of Service
The Cosmic Element Websites (collectively, the "Cosmic Element Web Sites") operated by Cosmic Science LLC. or its affiliates or subsidiaries ("Cosmic Element"), is comprised of various Web sites and Web pages. The Cosmic Element Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Cosmic Element Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Cosmic Element website included within the Cosmic Element Web Sites network may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, the Cosmic Element Web Sites may themselves contain additional terms that govern particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Cosmic Element website, then these terms shall control.
Cosmic Element reserves the right to change the terms, conditions, and notices under which the Cosmic Element Web Sites are offered, including but not limited to the charges associated with the use of the Cosmic Element Web Sites. You are responsible for regularly reviewing these terms and conditions.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Cosmic Element Web Sites are for your personal, noncommercial use. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Cosmic Element Web Sites, unless this is done for noncommercial purposes.
Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Cosmic Element is strictly prohibited.
Harassment in any manner or form on any of the Cosmic Element Web Sites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Cosmic Element employee, host, or representative or other members or visitors on the Cosmic Element Web Sites is prohibited. You may not upload to, distribute, or otherwise publish through the Cosmic Element Web Sites any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
COPYRIGHTS AND TRADEMARKS.
The entire content included in the Cosmic Element Web Sites, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Cosmic Element. The collective work includes works that are licensed to Cosmic Element. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Cosmic Element, or other respective owners that have granted Cosmic Element the right and license to use such Marks.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Cosmic Element respects the intellectual property of others, and we ask our users and visitors to do the same. Cosmic Element will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Cosmic Element will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Cosmic Element the following information. Please be advised that to be effective, the Notification must include ALL of the following:
a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Cosmic Element Web Sites;
your address, telephone number, and email address and all other information reasonably sufficient to permit Cosmic Element to contact you;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
Cosmic Science LLC
300 Colonial Center Parkway
Roswell, GA, 30076
TERM AND TERMINATION.
These terms and conditions are applicable to you upon your accessing the Cosmic Element Web Sites. These terms and conditions, or any of them, may be modified or terminated by Cosmic Element without notice at any time for any reason. Cosmic Element may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
Reviews and Other Customer Generated Content.
Cosmic Element, directly or via its third party contractors, may collect, organize and use any content created or otherwise supplied by customers on Cosmic Element’s website, social media services, and third-party websites, including, without limitation, any and all material, text, videos, photographs, information, other data submitted by customers and/or opinions, product or service ratings or reviews, articles, written expressions, in any form or media, and/or any works of authorship created by the customer (such content collectively referred to as “Customer Generated Content” or “CGC”).
Cosmic Element and any of its third party contractors may use, transfer, copy, reproduce, distribute, publicly perform, publicly display, digitally perform, modify, create derivative works of the CGC and otherwise use and commercially exploit any CGC in any media formats (“Permitted Use”). Customer shall grant Cosmic Element and any of its third party contractors a nonexclusive, perpetual, revocable, worldwide, fully paid-up, royalty-free license for any Permitted Use. Such license will apply to any form, media, or technology now known or hereafter developed.
Customers grants Cosmic Element all necessary rights in and to the CGC, including without limitation, any customer consents, assignments, licenses, permissions and authorizations (including the waiver of any moral rights) necessary for Cosmic Element and any of its third party contractors to use the CGC for any lawful purpose.
Neither Cosmic Element nor its third party contractors shall be liable for any CGC, and Cosmic Element’s third party contractors shall be entitled to edit or remove from any of their respective platform (“Platform”) any CGC that is inaccurate, inappropriate or otherwise not in compliance with such platform’s terms or applicable law.
Customers hereby give permissions, authorizations and licenses, if any, required by applicable law or third-party website or application terms and/or policies (including without limitation the Instagram Platform policy), for Cosmic Element’s transfer to and use by Cosmic Element’s third party contractors of customer’s private and personally identifiable information and any CGC for the purpose of providing marketing technology and related services, sending applicable emails and recommendations, operation and improvement of any third party platforms, use of targeted behavioral advertisements and analysis and transfer to third parties for all of these purposes.
All the Intellectual Property Rights (as defined hereunder) to Cosmic Element’s third party contractors’ intellectual property, evidenced by or embodied in and/or attached/connected/related to any Platform (with the exception of the CGC and any Cosmic Element intellectual property), including without limitation any underlying software, platforms, algorithms, technology, site design, any information, services, texts, files, Platform and product documentation, videos, various applications, social graphs, organization, structure, specifications, application “look and feel,” navigation, features and related content that may be created in connection with the use of or registration to the Platform and/or other proprietary materials are the property of Cosmic Element’s respective third party contractor and/or its respective affiliates which shall retain all right, title and interest in connection therewith.
Customers hereby consent (i.e., opt-in) to receive post-sale emails sent by Cosmic Element (via its third party contractors as a mere conduit) containing reminders to submit reviews and containing recommendations and/or links to third party goods and/or services, as required by applicable law.
Any customer using the user front end of any of a Platform may only use such Platform for personal and non-commercial use only.
Customers agree to comply with all applicable security, privacy and data protection laws and regulations when using any of Cosmic Element’s third party contractors’ marketing technology and related services and/or Platform. Customer consents for Cosmic Element and any of its third party contractors to use any cookies or similar technologies on or through Cosmic Element’s website.
If a customer wishes to have a review or any other Customer Generated Content created by such customer removed, please contact us by phone at 1-888-700-1817, or via email at info@Cosmic Element.com, and we will use commercially reasonable efforts to have it promptly removed.
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with Cosmic Element, Cosmic Element has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Cosmic Element. Cosmic Element has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Cosmic Element sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.
Cosmic Element makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites.
Cosmic Element does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
This site and the materials, information, services, and products in this site, including, without limitation, text, graphics, and links, are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Cosmic Element disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Cosmic Element does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Cosmic Element does not make any warranties or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.
LIMITATION OF LIABILITY.
In no event shall Cosmic Element be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if Cosmic Element has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Your use of The Cosmic Element Web Sites shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Cosmic Element Web Sites (including but not limited to the purchase of Cosmic Element products) shall be in the state or federal courts located in Los Angeles, California. Any cause of action or claim you may have with respect to the Cosmic Element Web Sites (including but not limited to the purchase of Cosmic Element products) must be commenced within one (1) year after the claim or cause of action arises. Cosmic Element's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Cosmic Element may assign its rights and duties under this Agreement to any party at any time without notice to you.
Cosmic Element makes no representation that materials in the Cosmic Element Web Sites are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside California do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of California.
By using this Site, you agree that Cosmic Element, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods and information provided by or through the E-Store. This Contract constitutes the entire and only agreement between Cosmic Element and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods and information provided by or through the E-Store, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good shall be deemed acceptance of this Contract.
SETUP AND PAYMENT
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Cosmic Element within 24 hours of any breach of this Contract or unauthorized use of the password. Cosmic Element does not protect Buyer from unauthorized use of Buyer's password.
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the E-Store are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the E-Store is prohibited.
EDITING, DELETING, AND MODIFICATION
Cosmic Element reserves the right in its sole discretion to remove any goods for sale from the E-Store. Upon notice published over the E-Store, Cosmic Element may modify this Contract, or prices, and may discontinue or revise any or all aspects of the E-Store in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the E-Store with respect to transactions occurring after said date.
RIGHT TO REFUSE
Cosmic Element reserves the right in its sole discretion to refuse service at any time. Sale of any goods is subject to availability.
Buyer agrees to indemnify, defend and hold Cosmic Element and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the E-Store.
Buyer's right to use the E-Store is not transferable and is subject to any limits established by Cosmic Element or by Buyer's credit card company.
The goods offered through the e-store are provided "as available," and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The sole and entire maximum liability of Cosmic Element, for any reason, and buyer's sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the buyer for the particular items purchased. Cosmic Element and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Cosmic Element and buyer. This e-store and goods would not be provided without such limitations. Some state statutes may apply regarding limitation of liability.
ORDER CONFIRMATION & SHIPPING
After Buyer’s order has been submitted, a page will be displayed confirming that the order was received. An email confirming receipt of the order will also be sent to Buyer shortly after the order is submitted. If an order confirmation does not arrive within 24 hours after submission, Buyer shall contact Cosmic Element Online Customer Service by phone at to 1-888-700-1817 , or via email at info@Cosmic Element.com for assistance.
Cosmic Element orders are shipped on business days (Monday through Friday 8:30-17:30, excluding major holidays). All orders are subject to authorization. Only authorized orders will be processed and shipped.
If an order was not shipped, was incorrectly shipped, is missing a product or contains a damaged or defective item, Buyer shall contact Cosmic Element Online Customer Service by phone at to 1-888-700-1817 , or via email at info@Cosmic Element.com for assistance.
Cosmic Element stands behind the quality of our products. We believe that we can work together with our customers to make every purchase a positive experience. In the event you are not satisfied with your purchase or have any concerns, please follow the guidelines outlined in Cosmic Element’s return and refund policy below.
Terms and Conditions for Products Purchased Online
For defective items
If a product purchased on the E-Store is defective customer shall contact Cosmic Element Online Customer Service by phone at 1-888-700-1817, or via email at info@Cosmic Element.com, within 30 days of receipt of product. In order to process its request, the customer shall provide a detailed description of the defect, pictures if possible and the original order number. Cosmic Element will replace the defective item or item’s part (ie.pump) at no charge. Cosmic Element reserves the right to pick up any defective products from the customer to further investigate the defects in question.
Not satisfied with the product
If a customer is unsatisfied with a purchase made on the E-Store, customer shall contact Cosmic Element Online Customer Service by phone at 1-888-700-1817, or via email at info@Cosmic Element.com, within 30 days of receipt of product. Cosmic Element will offer the customer a Cosmic Element Gift Card for the total amount of the product excluding shipping charges and taxes. In order to process its request, the customer shall provide the original order number and confirm any personal information necessary to issue the GiftCard. Cosmic Element reserves the right to pick up any products from the customer that are deemed unsatisfactory.
For missing items in an order
If a customer received incorrect items in their order, customer shall contact Cosmic Element Online Customer Service by phone at 1-888-700-1817, or via email at info@Cosmic Element.com, within 30 days of receipt of the order. Cosmic Element will send out the correct products immediately, and reserves the right to pick up the products that were sent in error in order to have them returned back to the company.
For Styling Tools Purchased online
Cosmic Element shall provide a limited warranty for each of its styling tools against defects in materials and workmanship for one (1) year from the original purchase date (“Warranty Period”) except for the MO2000 Professional Series Tourmaline Ceramic Hair Dryer, the Professional Series Titanium Ceramic Hairstyling Iron, and the Professional Series Titanium Curling Iron for which the Warranty Period is two (2) years. If we receive a valid claim, with proper documentation of purchase, relating to any Cosmic Element styling tools purchased directly from us or through our authorized distribution network, we will repair or replace your returned product with one of equal or greater value at our option. Please note that all authorized returns must shipped to us at your expense unless advised otherwise. This limited warranty does not cover products sold by unauthorized dealers.
This limited warranty is void if the product has been damaged by unreasonable use, misuse, neglect, normal wear and tear or other causes not arising out of defects in materials or workmanship.
If a product is defective, customer shall contact Cosmic Element Online Customer Service by phone via email at firstname.lastname@example.org. In order to process its request, the customer shall provide a detailed description of the defect and a proof of purchase.
Returning online orders to a store location:
You may not return online orders at any store locations that sells Cosmic Element products. For returns of products purchased from salons, please see our In-store Return Policy stated below.
Items non-eligible for returns or replacements:
For defective items
Cosmic Element shall provide a limited warranty for its products against defects in materials and workmanship for one (1) year from the original purchase date (“Warranty Period”). If a product purchased from a salon is defective, customer shall first contact the place of purchase for assistance. If issue is left unresolved, customer shall contact Cosmic Element Customer Service by via email at email@example.com. In order to process its request, the customer shall provide the batch code of the product, the place of purchase, a detailed description of the defect, pictures if possible and a proof of purchase (in the case of styling tools). Cosmic Element will replace the defective item or item’s part (ie. Pump) at no charge. Cosmic Element reserves the right to request that defective products be returned to the company to further investigate the defects in question.
Not satisfied with the product
If a customer is unsatisfied with a purchase made in a salon or other authorized retailer, customer shall contact the place of purchase to request a return or exchange. Cosmic Element does not accept any returns or offer any exchanges for products purchased outside of the official Cosmic Element E-Store. Returns and Exchanges will remain at the discretion of the place of purchase.
USE OF INFORMATION
Cosmic Element reserves the right, and Buyer authorizes Cosmic Element, to the use and assignment of all information regarding Buyer’s use of the E-Store and all information provided by Buyer, subject to applicable law.
This Agreement is governed by the substantive laws of the State of California, without regard to the principles of conflicts of law, provided, however, the obligation to arbitrate shall be governed by the Federal Arbitration Act, which preempts any law that limits arbitration, such as California Code of Civil Procedure '' §§ 1281.2, 1281.3 or 1281.4. Each person or entity who is a Party to this Agreement or subject to the arbitration provisions of this Agreement consents to jurisdiction and venue of the state and federal courts in Los Angeles, California.
Any cause of action of Buyer with respect to the E-Store must be instituted within 3 months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in the above Disclaimer. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
All legal proceedings arising out of or in connection with this Contract shall be brought solely in the State of California and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the E-Store or Cosmic Element is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Cosmic Element to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
This Agreement represents the entire understanding between Buyer and Cosmic Element regarding its use of the E-Store and supersedes any prior statements or representations.
Products ordered online are not for resale. As such, Cosmic Element reserves the right to limit order quantities per item and the total value of products ordered per day and per month.
CURRENCY & SALE TAXES
All prices on the E-store are in US dollars. Buyer agrees that all orders shipped by Cosmic Element are subject to sales tax, applicable in accordance with the tax code of the state to which the order will be shipped. Tax is estimated at the time an order is placed and a final calculation of the actual sales tax will be reflected on Buyer’s order confirmation e-mail and packing slip.
Credit card information entered on the E-Store is secure and safe using a VeriSign SSL Certificate. All orders placed on the E-Store are encrypted, thereby protecting any credit card information that is submitted at the time of the order. By using the most advanced consumer online security technique to date, Cosmic Element can insure that all orders are placed safely and securely. As such, Cosmic Element is not liable for any direct or indirect damages related to credit card fraud or theft.
At this time, Cosmic Element ships strictly to the contiguous 48 U.S. states, plus Alaska and Hawaii. Shipments to U.S territories (such as Puerto Rico and Guam) and the Armed Forces are currently unavailable.
For any questions on how to order or the status of an order, please contact Online Customer Service by phone at 1-(267) 642-1439 , Monday to Friday 8:30-17:30, or via email at firstname.lastname@example.org for assistance.