TERMS AND CONDITIONS FOR ORDERS AND PRE-ORDERS
Cosgear AS (“Cosgear”, “us”, “we”), organization number 920924395, sells costume gadgets and accessories. All Product(s) (the “Product(s)”) sold by us are sold pursuant to these terms and conditions for purchase (the “Terms”).
The following Terms apply to all orders and the Terms are subject to change from time to time. By placing an order, the customer (“Customer”, “you”) acknowledges to have read, understood, and accepted the Terms. Please note that local regulations may apply, depending on your jurisdiction.
1. ORDERING AND PAYMENT
Customers intending to purchase one or more Product(s) may do so by clicking the "order now" (or similar) button in Cosgear’s web shop and follow the instructions provided therein. Once an order is placed and to the extent Cosgear confirms the order, Cosgear will send an order confirmation ("Order Confirmation") along with a copy of the then applicable Terms to the email address provided by the customer during the ordering process. Cosgear is not bound to deliver any Product(s) until completion of Production of all ordered Product(s), an Order Confirmation has been issued and payment has been received by us in full. The Order Confirmation will contain information regarding the ordered quantity, applicable pricing, and if applicable the estimated shipment date.
Our acceptance of your order is expressly conditioned upon your unconditional acceptance of these Terms. We do not accept any modifications to or exclusions of the Terms (in whole or in part) regardless of how you communicate any change request to us. Any attempt to modify or exclude any Term(s) will be null and void—therefore having no legal effect.
You must make payment for the Product(s) in full at the time of submitting your order. Payment is tendered by supplying us with your debit or credit card details from a debit or credit card company honored by us, or by any other payment method we make available in our online store.
When placing your order at the Cosgear website, you agree your order is subject to the then current version of the Terms (subject to change from time to time by us). You are responsible for maintaining compliance with the Terms and any updated versions thereof.
2. PRICE AND TAX
The total purchase price for the Product(s) is displayed during the ordering process. The purchase price may include shipping and any national, federal, state or local taxes that may be applicable to the Product(s) unless otherwise specified. Payments are required to be made in accordance with the payment method chosen by the Customer during the ordering process. All prices are quoted in US Dollars unless otherwise specified.
3. SHIPMENT AND DELIVERY
The Product(s) is shipped to the Customer in accordance with the shipment information detailed in the ordering process. Once the Product(s) is sent to the carrier, ownership of the Product(s) and the risk of loss pass to the Customer. Cosgear may provide single or multiple shipping methods and carriers for Product(s) delivery at its discretion.
The Product(s) are assembled in Norway. The Product(s) may be shipped directly from the place of assembly in Norway, to the country and address of destination provided to us in the order. For orders containing one or more pre-order Product(s), the estimated time for shipping of the full order is stated in the order confirmation. Please note the estimated time for shipping is only an estimate and may change. Cosgear will keep you duly informed of any changes affecting the delivery of your Product(s).
Cosgear will make reasonable efforts to meet the scheduled shipment dates, but in no event will Cosgear be liable for any loss, damage or penalty resulting from any delay in shipment or delivery, nor will the carrier be deemed our agent. We have the right to allocate our available inventory of the Product(s) among other purchasers in such manner as we deem appropriate under the circumstances – and at our sole and absolute discretion.
The Product(s) must be delivered to the delivery address specified by the Customer in the order form. The Customer is responsible for ensuring the correct address is registered. Cosgear reserves the right to charge the Customer for extra shipment costs due to Customer’s failure to collect the Product(s) in time.
You may cancel the order up until the time a shipment notification has been sent to you. Cosgear strives to reimburse Customers the complete payment for any duly cancelled orders within 6 weeks after such cancellation.
To cancel your order please send us your full name and order number to firstname.lastname@example.org.
You may request to return any unused Product(s) for a full refund within fourteen (14) days of delivery. This right does not apply to any Product(s) that have been used, or are stated by us to be non-returnable, including any items or goods that have been personalized or modified in accordance with your instructions. The Product(s) must be fully returned in the original packaging with the applicable proof of purchase and you will be responsible for the cost of returning the goods to us. If, when returned to us, it is determined that the Product(s) have been used, damaged, is missing components, or is not in a resalable condition we may charge a restocking fee, or otherwise reduce the amount of your refund to take account of this damage, use, or missing components.
To request to return your Product(s) please do so by filling out the return form found in your order confirmation email, and send it to email@example.com (before any return shipment is made). You will receive instructions from us on how to carry out the return process, and receive a refund when the returned Product(s) are in Cosgears possession. Any returns shipped before Cosgear is notified and has agreed does not qualify for reimbursement of the amount paid by the Customer.
6A. DESCRIPTION OF THE PRODUCT(S)
Cosgear strives to provide a complete and accurate description of the Product(s) offered. Nevertheless, Cosgear cannot guarantee a full and complete resemblance between the illustration material, such as pictures, videos, and written descriptions, and the actual Product(s). In the event a Product(s) is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or Product(s) information received from Cosgear’s suppliers, Cosgear shall have the right to refuse or cancel any orders placed for Product(s) listed at the incorrect price.
6B. DESCRIPTION OF THE PRODUCT(S) SPECIFIC TO PRE-ORDERS
Cosgear also reserves the right to change and modify the Product(s) specifications, such as power bank specifics, battery capacity, weight, material selection, form, color, and other physical dimensions and technical specifications during the period leading up to the shipment date. An updated and final Product(s) specification will be available at least 14 calendar days prior to the shipment date.
7. LIMITED ONE-YEAR WARRANTY
You agree to read and abide by any written instructions shipped with your Product(s) and all safety precautions contained therein. If you do not understand any part of any of these instructions or the functionality of the Product(s), you may view the FAQ on our webpages or contact us at firstname.lastname@example.org.
Our Product(s) are provided with a limited 1-year warranty (from original date of delivery to you) against manufacturing defects. Our sole obligation in the event of defects during this period is to repair or replace the defective part or Product(s) with a comparable part or Product(s). How we replace or repair the Product(s) is at our sole and absolute discretion. Replaced or repaired Product(s) will have a warranty period equal to the remainder of the original warranty period or thirty (30) calendar days from the date of delivery of the replaced or repaired Product(s) to you, whichever is longer.
THIS WARRANTY ONLY APPLIES TO ORDERS PLACED IN OUR ONLINE STORE AND ONLY TO THE ORIGINAL PURCHASER.
Some jurisdictions may have applicable minimum requirements with regard to warranty. As such, these shall apply to the fullest extent permitted by applicable law.
8. WARRANTY EXCLUSIONS
All Product(s) returned to us become our property. SECTION 7 OF THE TERMS PROVIDES THE SOLE WARRANTY UNDER THE TERMS. ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ARE DISCLAIMED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COSGEAR OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. This warranty gives you specific legal rights, and you may also have other rights (TO THE EXTENT MANDATORY UNDER APPLICABLE LAW AND NON-DISCLAIMABLE UNDER THE APPLICABLE LAW) that vary by jurisdiction.
9. RETURN OF DEFECTIVE AND NONCONFORMING Product(s)
If there is a defect in the delivered Product(s), the Customer must, within a reasonable time after they discover or should have discovered such defect, inform Cosgear that they will make a claim. Claims relating to defective Product(s) must be made no later than 1 year after the consumer took possession of the Product(s) or could have taken possession of the Product(s) (e.g. by collecting the Product(s) pursuant to delivery).
You must contact us at email@example.com prior to returning any Product(s) to us under the limited warranty. If your claim is accepted under the limited warranty you agree to carefully pack the Product(s) that you are returning, and return it to us, freight prepaid. The returned Product(s) must be in the original package and free of any defect or damage caused by shipping. If we opt to repair or replace your Product(s) under the Limited One-Year Warranty, we will pay the return costs for ground shipping. If we reasonably determine the Product(s) you returned is not defective we will contact you and will arrange for reshipment to you at your cost. If you decline to pre-pay such shipping and handling costs, we are under no obligation to return such non-defective Product(s) to you.
10. ASSUMPTION OF RISK
You agree to comply with all applicable local, state, and national laws in connection with your use of the Product(s). You understand and agree the Product(s) is not made or intended for use in any application or hazardous environment that requires fail-safe performance, where the failure or inaccuracy of the Product(s) or its use might result in or cause death, personal injury, collision or environmental damages ("High-Risk Activities"). You agree to take reasonable precautions when using your Product(s).
Cosgear accepts no risk, obligation or liability whatsoever to you or any third party for any of the following ("Disclaimed Activities") performed or caused, by act or omission, by you or a third party with access to your Product(s):
- - Use of the Product(s) contrary to Cosgear’s published information, specifications, and instructions, including, but not limited to, storage requirements and environmental conditions or ranges for temperature or humidity, leaving the Product(s) in direct sunlight for long periods, use of the Product(s) for High-Risk Activities, use of the Product(s) in combination with any third party device not provided or recommended by Cosgear, and affixing anything to the Product(s);
- - Repairs, modifications or adjustments to the Product(s) made by a party not authorized by Cosgear;
- - Damage from any external cause, including, but not limited to, sand, dirt, water, improper usage of any electrical source, battery leakage, or local power surges;
- - Any damage to property or persons caused by your Product(s) that is not caused by material defect for which Cosgear is held responsible, including your failure to properly operate the functionalities of the Product(s);
- - Improper use such as using the Product(s) in inclement weather, attempting to power the Product(s) with power sources not provided by Cosgear;
- Failure to purchase any insurance required by law to operate the Product(s) in your area;
- Failure to determine the suitability of the Product(s) for your intended use;
- - Failing to make sure any other person who uses the Product(s) also complies with these terms and any other guidance we provide you, whether this guidance is included in writing with the Product(s) or made available on our website;
- - Any continued use of the Product(s) after you detect any defect, including erratic responses to user input;
- - Any other use of the Product(s) that is reasonably construed as improper
11. LIMITATION OF LIABILITY
SUBJECT TO OUR WARRANTY PROGRAM AS EXPRESSLY PROVIDED IN THE TERMS, THE Product(s) IS PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE PRODUCT(S) IS AT YOUR OWN RISK. IN NO EVENT WILL COSGEAR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE Product(s), ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCT(S), WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT(S) LIABILITY OR OTHERWISE, WHETHER OR NOT COSGEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AND Cosgear HAVE AGREED TO THESE LIMITATIONS AS A BASIS OF THE BARGAIN AND THAT SUCH LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL COSGEAR’S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, INCLUDING, WITHOUT LIMITATION, INDEMNIFICATION, EXCEED THE ACTUAL AMOUNT PAID TO COSGEAR BY YOU FOR THE SPECIFIC PRODUCT(S) GIVING RISE TO THE CLAIM.
Some jurisdictions may not permit certain limitations or exclusions of liability set forth herein. As such, the limitations and exclusions shall apply to the fullest extent permitted by applicable law.
12. COSGEAR’S RIGHT IN THE EVENT OF DEFAULT BY THE CUSTOMER
In the event of non-payment under clause 2 or any other breach of these Terms by the Customer, Cosgear may suspend delivery of any Product(s)(s) and may cancel any outstanding order(s) at our sole and absolute discretion. These rights are in addition to any other rights available to Cosgear at law or in equity.
13. PERSONAL DATA
Cosgear is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product(s). For further information on Cosgear’s processing of personal data, including information about your rights, please refer to Cosgear’s Privacy Protection Statement, which is available at our website.
Cosgear welcomes all comments, feedback, information or materials, which you submit to Cosgear ("Feedback"). Feedback does not include the details of your registration and Product(s) orders. Please note your Feedback shall be considered non-confidential and become Cosgear's property, so please do not provide any non-required personal information or other sensitive information. By submitting your Feedback to Cosgear, you agree to a no-charge assignment to Cosgear of all right, title and interest in copyrights and other intellectual property rights to your Feedback on a worldwide basis. Cosgear shall be free to use your Feedback on an unrestricted basis.
14. COMPLAINTS AND DISPUTE RESOLUTION
If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product(s), Cosgear may be contacted at firstname.lastname@example.org.
These Terms and the purchase of the Product(s) shall be governed by and construed in accordance with the laws of Norway. Any disputes shall be referred to and finally resolved by the courts of Norway. The legal venue shall be Trondheim District Court.
15. GENERAL TERMS
These Terms constitute the entire and exclusive understanding and agreement between you and Cosgear regarding the purchase of a Product(s), and these Terms supersede and replace any and all prior oral or written understandings or agreements between us regarding such a purchase. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Cosgear's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cosgear. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Last updated May 7th, 2021