TERMS AND CONDITIONS FOR ORDERS AND PRE-ORDERS
Cosgear AS (“Cosgear”, “us”, “we”), organization number 920924395, sells technical accessories to costumes. The first product is an electric tail called Costail (the “Product”). The Product, as well as all accessories sold with it or separately, are sold pursuant to these terms and conditions for purchase (the “Terms”). As of November, Cosgear AS have added more products to the portfolio: Cosband Pro and Cuteband. Both Cosband Pro and Cuteband are sold with accessories, and the same terms and conditions applies for these as they do for the main products (Cosband Pro and Cuteband). For specific terms and conditions concerning payment and taxes for Cosband Pro and Cute band (with accessories), see 2.B.
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”) acknowledge 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 Products may do so by clicking the "order now" (or similar) button in Costail’s web shop and follow the instructions provided therein. Once an order is placed and to the extent Costail confirms the order, Costail will send an order confirmation ("Order Confirmation") along with a copy of the then applicable Terms to Customer's email address. Costail is not bound to sell any Product until completion of production of the Product, 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 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 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 on the website.
If you wish to split your payment into two partial payments you can do so by entering the promo code “PAYMENTPLAN” at checkout. This will deduct half (50%) of your orders total, meaning that you only have to pay for half of your order right away. At the moment you place your order you agree your order is subject to the then current version of the Terms (subject to change from time to time by us), and your purchase and payment is binding. By accepting these Terms You acknowledge that you understand that using the promo code “PAYMENTPLAN” does not grant you a discount, it is merely a way of splitting the payment in two. The rest of the payment (50%) pluss a fee (4 USD) for splitting the payment will be due 14 days before we ship your product. We will send you payment instructions for the remaining payment at least 30 days before your product is to be shipped. Without paying the remaining amount (50% + 4 USD) we will not ship your product.
When placing your order on the Costail 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.
2A. COSTAIL PRICE AND TAX
The total purchase price for the Product 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 Products. 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.
2B. COSBAND PRO AND CUTEBAND PRICE AND TAX
The purchase price for Cosband Pro and Cuteband does not include shipping or any national, federal, state or local taxes that may be applicable to the Products unless order is shipped using the express shipping option.
3. SHIPMENT AND DELIVERY
The product is shipped to the Customer in accordance with the shipment information detailed in the ordering process. Once the Product is sent to the carrier, ownership of the Product and the risk of loss pass to Customer. Costail may provide single or multiple shipping methods and carriers for Product delivery at its discretion.
The products are assembled in Norway. The products are shipped directly from the place of assembly in Norway, to the country and address of destination provided to us in the order. Estimated time for shipping is stated in the order confirmation. Please note the estimated time for shipping is only an estimate and may change. Costail will keep you duly informed of any changes affecting the delivery of your products.
Costail will make reasonable efforts to meet the scheduled shipment dates, but in no event will Costail 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 Products among other purchasers in such manner as we deem appropriate under the circumstances – and at our sole and absolute discretion.
The product 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. Costail 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 shipment notification has been sent to you from DHL Express. Costail will notify you at least 14 calendar days prior to the shipment date. Costail strives to reimburse Customers the complete payment for any duly cancelled orders within 6 weeks after such cancellation. Please note, however, that funds paid pursuant to your order may be partially allocated to developing the ordered product(s) in question. Hence, Costail cannot guarantee you will receive a full refund in all cases as the funds paid by your order may be paid, either fully or partially in connection with the development thereof.
To cancel your order please do so by filling out the cancellation form attached to your order confirmation email, and send it to firstname.lastname@example.org. You will receive instructions from us on how to carry out the cancellation process.
You may request to return any unused Products for a full refund within fourteen (14) days of delivery. This right does not apply to any Products 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 Products 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, on return to us, it is determined that the Products have been used, damaged, are missing components, or are 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 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. Any returns shipped before Costail is notified and has agreed does not qualify for reimbursement of the amount paid by the Customer.
6. DESCRIPTION OF THE PRODUCT
Costail strives to provide a complete and accurate description of the products offered. Nevertheless, Costail cannot guarantee a full and complete resemblance between the illustration material, such as pictures, videos, and written descriptions, and the actual products. In the event a Product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from Costail’s suppliers, Costail shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price.
Costail also reserves the right to change and modify the product 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 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 and all safety precautions contained therein. If you do not understand any part of any of these instructions or the functionality of the Product, you may view the FAQ on our webpages or contact us at firstname.lastname@example.org.
Our Products 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 such defect during this period is to repair or replace the defective part or Product with a comparable part or Product. How we replace or repair the Product is at our sole and absolute discretion. Replaced or repaired Products 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 to you, whichever is longer.
THIS WARRANTY ONLY APPLIES TO ORDERS PLACED ON OUR WEBSITE 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 Products returned to us become our property. SECTION 6 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 COSTAIL 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 PRODUCTS
If there is a defect in the delivered Product, the consumer must, within a reasonable time after he or she discovered or should have discovered such defect, inform the seller that he or she will make a claim. Claims relating to defective Products must be made no later than 1 year after the consumer took possession of the Product or could have taken possession of the Product (e.g. by collecting the Product pursuant to delivery).
You must contact us at email@example.com prior to returning any Products to us under the limited warranty. If your claim is accepted under the limited warranty you agree to carefully pack the Product that you are returning, and return it to us, freight prepaid. The returned Product 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 under the Limited One-Year Warranty, we will pay the return costs for ground shipping. If we reasonably determine the Product 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 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. You understand and agree the Product 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 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.
Costail 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:
- - Use of the Product contrary to Costail’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 in direct sunlight for long periods, use of the Product for High-Risk Activities, use of the Product in combination with any third party device not provided or recommended by Costail, and affixing anything to the Product;
- - Repairs, modifications or adjustments to the Product made by a party not authorized by Costail;
- - 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 that is not caused by material defect for which Costail is held responsible, including your failure to properly operate the functionalities of the Product;
- - Improper use such as using the Product in inclement weather, attempting to power the Product with power sources not provided by Costail;
- - Failure to purchase any insurance required by law to operate the Product in your area;
- Failure to determine the suitability of the Product for your intended use;
- - Failing to make sure any other person who uses the Product also complies with these terms and any other guidance we provide you, whether this guidance is included in writing with the Product or made available on our website;
- - Any continued use of the Product after you detect any defect, including erratic responses to user input;
- - Any other use of the Product that is reasonably construed as improper
11. LIMITATION OF LIABILITY
SUBJECT TO OUR WARRANTY PROGRAM AS EXPRESSLY PROVIDED IN THE TERMS, THE PRODUCT IS PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE PRODUCT IS AT YOUR OWN RISK. IN NO EVENT WILL COSTAIL 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 PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT COSTAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AND COSTAIL 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 COSTAIL’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 Costail BY YOU FOR THE SPECIFIC PRODUCT 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. COSTAIL’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, Costail may suspend delivery of any Product(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 Costail at law or in equity.
13. PERSONAL DATA
Costail is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product. For further information on Costail’s processing of personal data, including information about your rights, please refer to Costail’s Privacy Protection Statement, which is available at our website.
Costail welcomes all comments, feedback, information or materials, which you submit to Costail ("Feedback"). Feedback does not include the details of your registration and Product orders. Please note your Feedback shall be considered non-confidential and become Costail's property, so please do not provide any non-required personal information or other sensitive information. By submitting your Feedback to Costail, you agree to a no-charge assignment to Costail of all right, title and interest in copyrights and other intellectual property rights to your Feedback on a worldwide basis. Costail 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, Costail may be contacted at firstname.lastname@example.org.
These Terms and the purchase of the Product 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 Costail regarding the purchase of a Product, 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.
Costail'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 Costail. 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.