Last updated: February 13, 2018
These Terms and Conditions ("Terms") govern all use of the www.KosmosQ.com website (the "Website") operated by Kosmo's Q ("us", "we", or "our"). Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Website. By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Website.
Returns: You may return most new, unopened items within 30 days of delivery for a full refund. We will also pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.). You should expect to receive your refund within four weeks of giving your package to the return shipper; however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days). If you need to return an item, please contact us with your order number and details about the product you would like to return. We will respond quickly with instructions for how to return items from your order.
Shipping: We cannot and do not guarantee shipping times as they are only a guideline, but we do our best to get you what you want when you need it! Options for shipping include:
Economy - Ships either USPS or FedEx (Arrives to your location within 7-10 days)
Preferred - Ships either USPS or FedEx (Arrives to your location within 3-5 days)
Priority - Ships either USPS or FedEx (Arrives to your location within 1-4 days)
We also can ship to virtually any address in the world. Note that there are restrictions on some products, and some products cannot be shipped to international destinations. When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page. Please note that the shipping rates for many items we sell are weight-based. The weight of any such item can be found on its detail page. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound.
Availability, Errors and Inaccuracies: We constantly are updating product information and service offerings on the Website. We may experience delays in updating information on the Website and in our advertising on other websites. The information found on the Website may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Website and we cannot guarantee the accuracy or completeness of any information found on the Website. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Accounts: When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete and current at all times and in all respects. Inaccurate, incomplete or obsolete information may result in the immediate termination of your account on the Website. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party website. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Intellectual Property: The Website and its original content, features and functionality are and will remain the exclusive property of Kosmo's Q and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and tradenames may not be used in connection with any product or website without the prior express written consent of Kosmo's Q.
Links To Other Websites: Our Website may contain links to third party websites or websites that are not owned or controlled by Kosmo's Q. Kosmo's Q has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Kosmo's Q shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or websites available on or through any such third party web sites. We strongly advise you to read the terms and conditions and privacy policies of any third party website that you visit.
Termination: We may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Website. All provisions of the Terms which by their nature survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification: You agree to defend, indemnify and hold harmless Kosmo's Q, its licensee and licensors, and its officers, directors, employees, partners, agents, representatives, contractors, suppliers or affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of, directly or indirectly, a) your use and access of the Website, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability: In no event shall Kosmo's Q, nor any of its officers, directors, employees, partners, agents, representatives, contractors, suppliers or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use or goodwill, or any other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; (iv) unauthorized access, use or alteration of your transmissions or content, or (v) any breach of the Terms by Kosmo’s Q, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have knowledge of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. In addition, neither Kosmo’s Q nor any of its officers, directors, employees, partners, agents, representatives, contractors, suppliers or affiliates shall be liable for any delay in shipping any Products or failure of any Product to perform for the purpose for which it is purchased.
Disclaimer: Your use of the Website is at your sole risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Kosmo's Q its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet your requirements.
Governing Law: These Terms shall be governed and construed in accordance with the laws of the State of Oklahoma, without regard to conflict of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website or the purchase of Kosmo’s Q products) shall lie exclusively in the state or federal courts located in Oklahoma County, Oklahoma, and by your use of the Website or purchase of any Products, you expressly consent and agree to such jurisdiction. Point of sale of for all Purchases shall be Oklahoma City, Oklahoma. Any failure to enforce any right or provision of these Terms shall not be construed as a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect.
Miscellaneous: These Terms constitute the entire agreement between us regarding our the Website and the use thereof, and supersede and replace any prior agreements regarding the Website. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days advance notice prior to any new terms taking effect. What constitutes a material change will be determined in our sole discretion. By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
Contact: If you have any questions about these Terms, please contact us at Contact Kosmo's Q
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Kosmo's Q. The collective work includes works that are licensed to Kosmo's Q. Copyright 2003, Kosmo's Q ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Kosmo's Q or purchasing Kosmo's Q products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Kosmo's Q) or to purchase Kosmo's Q products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Kosmo's Q. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Kosmo's Q used in the site are trademarks or registered trademarks of Kosmo's Q
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Kosmo's Q disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Kosmo's Q does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Kosmo's Q does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Kosmo's Q shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Kosmo's Q has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Kosmo's Q product is mistakenly listed at an incorrect price, Kosmo's Q reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Kosmo's Q reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Kosmo's Q shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Kosmo's Q without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Kosmo's Q may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Kosmo's Q.
Your use of this site 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 this site (including but not limited to the purchase of Kosmo's Q products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Kosmo's Q products) must be commenced within one (1) year after the claim or cause of action arises. Kosmo's Q'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. Kosmo's Q may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Kosmo's Q or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may 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.
Kosmo's Q does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Kosmo's Q is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Kosmo's Q reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Kosmo's Q in its sole discretion.
You agree to indemnify, defend, and hold harmless $(CompanyNameLegal), its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Kosmo's Q may link to sites operated by third parties. However, even if the third party is affiliated with Kosmo's Q, Kosmo's Q has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Kosmo's Q. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Kosmo's Q seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Manufacture Advertise Pricing
Manufacture Advertise Pricing agreement - All dealers must at a minimum meet the manufacture advertised price in the respected currency to USD (Located at www.KosmosQ.com). Any violation will result in a breach of agreement and result in forfeiting dealership privileges.
– All shipping will be purchased through Kosmo’s Q Wholesale unless you are shipping LTL or International with a freight forwarded. (Takes effect Jan 1st 2017) In many cases we can ship cheaper.
Net 30 Terms
– Any account that goes over 30 days will result in a $35 overdue charge.
Each dealer is responsible for maintaining updated product pictures. Product pictures can be pulled directly from the wholesale site or KosmosQ.com.
- Each dealer is able to sell online through their personal business website, which MUST match the invoice business name. Under no circumstances are authorized to sell thorough ANY other online website/trading site. i.e. eBay, Amazon, Etsy, Walmart, ect... Any violation will result in a breach of agreement and result in forfeiting dealership privileges. (Takes effect Sept 9th 2016)