1. These terms
1.1. What these terms cover. These are the terms and conditions on which we supply products to you where they are sold directly by us through our website, whether these are goods, services or digital content.
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if you are an individual and are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). If you are not a consumer, then please refer to clause 13.5.
1.4. Acceptable Use. Please read our acceptable use policy available at [insert link] [SS1] which forms part of these terms and sets out prohibited uses of Cosmic Kids content, materials and brand. By accepting these terms you agree to comply with our acceptable use policy.
2. Information about us and how to contact us
2.1. Who we are. We are Cosmic Kids Trading Limited a company registered in England and Wales. Our company registration number is 12594183 and our registered office is at Mercury House, 19-21 Chapel Street, Marlow, Buckinghamshire, United Kingdom, SL7 3HN. Our registered VAT number is 349183868.
2.2. How to contact us. You can contact us by writing to us at [email protected]
or PO Box 4828, Henley-on-Thames, RG9 9HJ, or by using the chat box in the bottom right hand corner of the screen while you browse our website.
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock or discontinued, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet any requirements you have specified.
3.3. Your order number. For products from our shop and for training courses, we will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order. For app subscriptions, please let us know the email address you signed up with.
4. Our products
4.1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to be as accurate as possible, for some physical products such as badges, the sizes, weights, capacities, dimensions and measurements indicated on our website may vary slightly.
4.2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. Your rights to make changes
If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
6. Our rights to make changes
6.1. Minor changes to the products. We may change the product:
6.1.1. to reflect changes in relevant laws and regulatory requirements; and
6.1.2. to implement minor technical adjustments and improvements, for example where necessary to maintain quality, to address manufacturing or supply chain issues. These changes will not affect your use of the product.
6.2. Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
7. Providing the products
7.1. Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2. When we will provide the products. Our FAQ (available on our website here) and your receipt explain when we will provide the products to you. If the products are ongoing services or subscriptions, the FAQ and receipt also tell you when and how you can end the contract.
7.3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5. If you do not re-arrange delivery. If you do not re-arrange delivery or collect products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.6. When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it.
7.7. When you own goods. You own a product which is goods once we have received payment in full.
7.8. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.9. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.9.1. deal with technical problems or make minor technical changes;
7.9.2. update the product to reflect changes in relevant laws and regulatory requirements;
7.9.3. make changes to the product as requested by you or notified by us to you.
7.10. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend supply of the product (for example a subscription) for longer than a week in any we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.11. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
8. Your rights to end the contract
8.1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
8.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3. If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions, and you will have to pay the costs of return of any goods;
8.1.4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (8.2.1) to (8.2.5) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6);
8.2.2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than a month; or
8.2.5. you have a legal right to end the contract because of something we have done wrong.
8.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4. When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
8.4.1. any bespoke products which we tailor to your specifications;
8.4.2. digital products after you have started to download or stream these;
8.4.3. services, once these have been completed, even if the cancellation period is still running;
8.4.4. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
8.4.5. sealed audio or sealed video recordings such as DVDs, or sealed computer software, once these products are unsealed after you receive them.
8.5. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
8.5.1. Have you bought services (for example, a subscription to a training course)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
8.5.2. Have you bought digital content for download or streaming? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
8.5.3. Have you bought goods (for example, the Cosmic Kids Fan Club Pack)?, if so you have 14 days after the day you (or someone you nominate, for example if they are a gift) receives the goods.
8.6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us.
9. How to end the contract with us (including if you have changed your mind)
9.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1. Email. Email us at [email protected]
Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.1.2. Online. Use the chat function on our website.
9.1.3. By post. Print off the PRINTABLE FORM and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at PO Box 4828, Henley-on-Thames, RG9 9HJ or (if they are not suitable for posting) allow us to collect them from you. Please email us at [email protected]
for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3. When we will pay the costs of return. We will pay the costs of return:
9.3.1. if the products are faulty or misdescribed; or
9.3.2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
9.5. How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.6.1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
9.6.2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6.3. Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
9.7.1. If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
9.7.2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10. Our rights to end the contract
10.1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
10.1.1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
10.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
10.1.3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3. We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least one month in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. If there is a problem with the product
11.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at [email protected]
or PO Box 4828, Henley-on-Thames, RG9 9HJ.
11.2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
A summary of your key legal rights:
This is a summary of key legal rights. These are subject to exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example a Cosmic Kids Fan Pack, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
1. Up to 30 days: if your goods are faulty, then you can get an immediate refund.
2. Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
3. Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
4. If your product is digital content, for example PDF materials, MP3 guided relaxations or subscriptions, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
5. If your digital content is faulty, you’re entitled to a repair or a replacement.
6. If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
7. If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
If your product is services, for example training support or events, the Consumer Rights Act 2015 says:
8. You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
9. If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
10. If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
11.3. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at [email protected]
for a return label or to arrange collection.
12. Price and payment
12.1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
12.4. When you must pay and how you must pay. We accept payment in advance using the payment methods detailed during the order process.
12.5. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved.
13. Our responsibility for loss or damage suffered by you
13.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987.
13.3. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
13.4. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.5. If you are a business customer or otherwise not purchasing as a consumer, the following additional terms apply to you:
13.5.1. These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
13.5.2. Clauses 11.2, 13.1, 13.2, 13.3, 15.6, 15.7 and the cooling-off period and right to change your mind do not apply to you.
13.5.3. We warrant only that the Products will comply, in all material respects, upon delivery, with their description, and that we will supply any Products which are services with reasonable care and skill. All other warranties, express or implied, are excluded, and we do not warrant that Products will be wholly free from defects, of any particular quality or fit for any particular purpose, or that services will be entirely uninterrupted or error-free.
13.5.4. Nothing in these terms shall limit or exclude our liability for: death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; defective products under the Consumer Protection Act 1987; or any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.5.5. Except to the extent expressly stated in clause 13.5.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
13.5.6. Subject to clause 13.5.4: we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
13.5.7. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
14. How we may use your personal information
15. Other important terms
15.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
15.7. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.