cozUare Shop Webstore Terms and Conditions
(Last updated on Monday, December 18th, 2017)
1. These terms of sale (the “Terms”) govern your relationship with cozUare, SLU (“cozUare Shop”) when you use cozUareShop’s online services (the “Services”) via this webstore (this “Webstore”). Wherever you see “cozUare Shop” on the website or in any of the Terms, this means cozUare, S.L.U and any of its associates, subsidiaries or any parent company (including the ultimate parent company) of cozUare, SLU and any subsidiary of any such parent company for the time being. From time to time, “cozUare Shop” may use the services of third parties to assist “cozUare Shop” in the provision of this Webstore, however, unless otherwise stated, the Services available on this Webstore are provided to you by “cozUare Shop”.
3. Orders may only be placed via this Webstore. “cozUare Shop” does not accept orders in any other manner, including via telephone.
4. You should print a copy of these Terms for future reference.
5. If you have any questions about these Terms please contact “cozUare Shop” by emailing: firstname.lastname@example.org
6. Placing an order via this Webstore may require you to use third party apps to commence and/or complete your order. As such, when placing an order via this Webstore, you represent and warrant that you have accepted the terms and conditions of said third party apps, as applicable.
Changes to These Terms
5. cozUare Shop may make changes to these Terms from time to time, which will be effective when posted on this Webstore. cozUare Shop will not notify you directly/personally of any changes to the Terms; as such, it is encouraged that you check this Webstore regularly for any updates to these Terms. It is expected that you will read these Terms fully prior to any purchase, and your continued use of this Webstore following the posting of changes will mean you accept those changes.
6. You will be subject to the policies and Terms in force at the time that you order product(s) from cozUare Shop, unless any change to those policies or these Terms is required to be made by law or a government authority (in which case it may also apply to orders previously placed by you).
7. The Services, this Webstore (including without limitation) all trademarks, music recordings, lyrics, audio and audio visual clips, digital downloads (“Content”) are owned and controlled by or licensed to cozUare Shop, its affiliates and/or licensees. All rights in the Content are the sole and exclusive property of cozUare Shop or such affiliates, licensors and/or licensees.
8. Unless otherwise specified, this Webstore and Content are for your personal and non-commercial use only.
9. You may not, without cozUare Shop’s express written agreement, use, transfer, copy or otherwise reproduce or modify any part of this Webstore, the Services, the Content or any source HTML code in any form or by any means (electronic, mechanical or otherwise) except for the sole purpose of using the Services and viewing or using the Content as permitted.
10. Purchases via this Webstore require a compatible terminal or device, internet access and (in some cases) particular software. These system requirements and any applicable fees are your responsibility. Please note that the Services may be affected by the performance of your hardware, software and internet access.
Your Use of cozUare Shop´s Webstore
11. You may not:
i. restrict or inhibit any other user from using and enjoying this Webstore or the Services;
ii. act in any way that would damage, disable, overburden, or impair this Webstore or the Services or effect or encourage conduct that would constitute a criminal offense or give rise to civil liability;
iii. upload, post or transmit to, or distribute or otherwise publish through this Webstore any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material that is indecent, defamatory or use of which may be in breach of any third party’s rights;
iv. impersonate any person or entity or misrepresent your affiliation with any other person or entity;
v. exploit any information or other material obtained on or through this Webstore for commercial purposes;
vii. attempt to gain unauthorized access to other computer systems through this Webstore or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Webstore; or
viii. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this Webstore or the Contents or the Services.
Your Use of cozUare Shop´s Software
12. Software used to provide the Services (“Software”) is owned by or licensed to cozUare Shop, cozUare Shop´s affiliates or cozUare Shop’s software suppliers. All rights in the Software are the sole and exclusive property of cozUare Shop or cozUare Shop’s suppliers. You may use the Software only for the purpose of using the Services in accordance with these Terms and you acquire no other rights in the Software of any sort. In particular, but without limiting the foregoing, you may not:
i. use the Software to transmit any content (including the Content) to cozUare Shop or to any other person or entity;
ii. sell or otherwise distribute any part of the Software;
iii. modify, adapt, translate or reverse engineer any part of the Software;
iv. attempt to breach any security mechanisms or to access, tamper with or use any parts of the Software to which access is not authorized;
v. use the Software for any illegal, unlawful, harassing, abusive or fraudulent purpose; or
vi. use the Software for any commercial purpose.
Registration and Passwords
13. If a particular Service requires you to register with this Webstore or set up an account, you will need to complete a registration process by providing certain information (including your name, email address and, in some cases, payment details) and registering a username and password for use in connection with that Service. You agree that you will provide truthful and accurate information when registering or opening an account. The decision to register a password is in cozUare Shop´s discretion and cozUare Shop may revoke your password at any time.
14. You are responsible for maintaining the confidentiality of the password and your account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of this Webstore by you or any person or entity using your password, whether or not such access or use has been authorized by you, and whether or not such person or entity is your employee or agent.
15. You must immediately notify cozUare Shop of any unauthorized use of your password or account or any other breach of security.
16. cozUare Shop will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms. You may not use another person’s account at any time without the express permission of the account holder.
17. You are responsible for ensuring that the information cozUare Shop is up-todate. Please amend your details as appropriate from time to time or email email@example.com to notify cozUare Shop of any changes.
cozUare Shop´s Products
20. This Webstore may allow you to:
i. purchase physical products (e.g., wood sunglasses, shoes. apparel and other merchandise);
ii. download digital products (e.g., music and videos);
iii. purchase mobile products (e.g. music, videos and other Content such as wallpaper, screensavers and logos);
iv. download (and/or participate) in online games, at a cost or free of charge;
v. stream services to enable you to preview and/or listen to and/or watch music and videos online; and/or
vi. subject to any separate specific terms and conditions, offer such services to you on a subscription basis.
21. Shipping and delivery dates for any and all so-called “limited edition” and/or “pre-order” sales of product(s) are not guaranteed unless otherwise specified.
22. Returns and/or exchanges will never be accepted for so-called “limited edition” product(s).
23. Products on this Webstore are limited to the sizes, colors and variants listed on this Webstore. If a size or variant does not appear on this Webstore, it is currently unavailable.
24. If cozUare Shop decides to offer any additional products in this Webstore, such future products will also be covered by these Terms.
Placing an Order
25. By placing an order through this Webstore, you warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old.
26. If you are under the age of 18 years and/or are not capable of entering into binding contracts but wish to use this Webstore, a parent or guardian should accept these Terms on your behalf.
27. Follow the onscreen instructions on this Webstore to place an order.
28. Items which you select for purchase, download and/or streaming (as applicable) will automatically be placed in your “shopping basket.” To remove an item from your shopping basket, simply click on the “remove” (or similar) button next to the item as it appears in your basket.
29. Once you have pressed the “checkout” (or similar) button, you will be asked to provide certain information to allow cozUare Shop, or a service provider engaged by cozUare Shop, to process your order (including your selected payment method and credit card, PayPal, e-wallet or other payment details).
30. cozUare Shop cannot change any information on an existing order once it has been processed, including but not limited to, the shipping address, billing information, size, item and/or quantity. If you wish to cancel your order and place a new order with different information, products or quantities, please follow the Cancellation Policy (set out in Sections 44 and 48 as applicable, below).
31. You will receive an order summary confirmation on screen and/or by email (provided that you have provided cozUare Shop with a valid email address) acknowledging that cozUare Shop has received your order — this does not mean that your order has been accepted. Your order represents an offer to cozUare Shop to purchase a particular item which is accepted by cozUare Shop only when cozUare Shop sends you an email (“Dispatch Confirmation”) confirming (i) in the case of physical products, that the particular product has been dispatched; or (ii) in the case of digital content, instructions for accessing your digital content.
32. cozUare Shop may reject or cancel your order for any reason prior to shipping your order. If cozUare Shop rejects your order after payment has already been taken, cozUare Shop will provide you with a refund in accordance with cozUare Shop’s Refund Policy set out in Sections 55-59 (below). Where your order was for products of a “hybrid” nature (e.g., a physical and digital product) cozUare Shop will refund the relevant element of the order in accordance with cozUare Shop s Cancellation Policy (set out in Sections 44 and 48 as applicable, below) for that particular product.
33. Shipping and delivery dates for your order are not guaranteed unless otherwise specified. All shipping timelines are estimated cozUare Shop is not liable for delays due to carrier, regardless of shipping method.
34. Once the package containing your ordered product(s) has shipped, you will receive tracking information via the email you provided with your shipping information.
35. Shipping delays will occur if an incorrect address is provided at the time of checkout. cozUare Shop is not responsible for any lost packages due to your provision to cozUare Shop of an incorrect shipping address at the time of checkout. If the package containing the product(s) you ordered is returned to cozUare Shop due to a shipping error, cozUare Shop will contact you, via the email you provided with your shipping information, for an updated address to send the product(s). If cozUare Shop does not receive a response within ten (10) business days of contacting you, cozUare Shop reserves the right to refund your order.
36. Unless otherwise specified, product prices already reflect discounts. All offers are limited to stock on hand; no rain checks or vouchers are available unless otherwise noted. Not valid on prior purchases, gift cards, gift certificates, taxes, shipping, or handling and processing charges. Purchaser must pay applicable sales tax. Offer may not be combined with any other sale, promotion, discount, code, promo, coupon and/or offer. Promotions have no cash value. Offer cannot be sold, transferred, or otherwise bartered. Void where prohibited, taxed or otherwise restricted. Returns or cancellations of any portion of a purchase requires equal forfeiture of offer or amount equal to offer. cozUare Shop has the right to end or modify any promotion at any time at its sole discretion. Other restrictions may apply. Offers only apply to the United States unless otherwise noted.
37. cozUare Shop may accept some or all of a variety of payment options, including but not limited to Visa, MasterCard, American Express, Discover, PayPal, Apple Pay, and other e-wallets. Prices appear on this Webstore and exclude sales tax unless otherwise stated. cozUare Shop may change the prices for products at any time by posting new prices on this Webstore.
38. By paying using your credit or debit card, or any other payment method, you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.
39. Prices may exclude delivery charges, which may be added to the total amount and will be calculated and displayed on screen prior to you submitting your payment details. Typically, the purchase will appear on your credit card or bank statement under the applicable artist or store name, or as cozUare Shop, or under the name of an applicable technology vendor (such as “Shopify”). If you have any questions about what to expect on your credit card statement, please contact firstname.lastname@example.org.
40. It is always possible that, despite cozUareShop´s best efforts, some of the items listed on this Webstore may be incorrectly priced. cozUare Shop will usually verify prices as part of cozUareShop´s dispatch procedure so that, where a product’s correct price is less than cozUare Shop’s stated price, cozUare Shop will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on this Webstore, cozUare Shop will usually, at cozUare Shop´s discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. cozUare Shop is under no obligation to provide the product to you at an incorrect (e.g., lower) price, even after cozUare Shop has sent you a Dispatch Confirmation, if the pricing error is obvious and/or could have reasonably been recognized by you.
41. Billing to your credit or debit card will take place prior to or at the time of dispatch in respect of physical product(s), or in respect of digital content, at the time of your purchase or soon afterwards.
42. cozUare Shop may use a third party service provider to process payments, but will ensure that any payment processor engaged by cozUare Shop will use security to encrypt credit or debit card data.
43. cozUare Shop will check all transactions for signs of fraud and may use a third party service provider to do so. If your order is flagged for fraud, your order will be delayed, and eventually a representative will contact you to verify your information. Please contact email@example.com with any questions related to your order if you are notified it is flagged for fraud.
Cancellation, Delivery and Usage Rules
44. Cancellation. If you order digital content to download or stream, you will have a cancellation period of fourteen (14) days in which to cancel your order for any reason. However, if you decide to download or stream your product before the end of these fourteen (14) days, then you will lose this cancellation right. When cozUare Shop delivers you the link to download or stream your content, cozUare Shop will make it clear that by clicking on that link you are giving up these cancellation rights. If you are ordering digital content that is provided on a physical CD or DVD, the usual cancellation terms apply as set out in paragraph 41 below.
45. Delivery. Each download item made available to or purchased by you can be accessed via the relevant area of this Webstore using your login details and/or following the instructions provided onscreen or via email. If any streaming items are made available, all such streaming items made available or purchased can be accessed immediately after payment is authorized by following the instructions provided onscreen or via email. cozUare Shop reserves the right to send digital and/or physical goods in partial deliveries (i.e., you may receive multiple packages or links related to a single order).
46. Usage Rules. You may purchase downloads or stream digital content (as applicable) for your personal and non-commercial use only. In the event you experience any problems in downloading the relevant download item, cozUare Shop will allow you to subsequently attempt to download the relevant download item. In the event you experience any problems when downloading, please contact firstname.lastname@example.org. Please note, cozUare Shop may withdraw products from this Webstore at any time. You may make such copies of a product as specified by any specific usage rules to that product, or such copies as are reasonably necessary for your personal, non-commercial use as applicable. You will not be entitled to burn audio-visual products. Digital rights management software may be used from time to time to prevent any unlawful use.
47. Technical Problems and Faulty Products (digital products). If digital content that you download is defective or faulty, please let cozUare Shop know as soon as possible (by contacting cozUare Shop at email@example.com that the digital content is indeed defective, cozUare Shop will first attempt to repair or replace
48. the relevant product at cozUare Shop´s cost within a reasonable timeframe if it is reasonably possible to do so. If a repair or replacement is not possible, cozUare Shop will refund you for either the full or partial cost of the product as appropriate. If cozUare Shop agrees to a refund, cozUare Shop will refund the sum agreed within fourteen (14) days of confirming to you that you are entitled to a refund.
i. Unless otherwise stated upon placing your transaction in the product description, or in the checkout, you may cancel your purchase of physical products at any time prior to the product being shipped to you, for any reason, by emailing a notice of cancelation to
firstname.lastname@example.org prior to receiving a shipping confirmation. If your item has already shipped, you may return the item for store credit within five (5) days of receiving the product for any reason, provided that you follow the specified instructions from cozUare Shop regarding returns. In this case, you will receive a full refund of the price paid for the product(s) in accordance with cozUare Shop´s Refund Policy set out in Sections 55-59 below. For clarity, where your order was for products of a “hybrid” nature (e.g., a physical and digital product) and cozUare Shop has begun the process of delivering your digital product order, cozUare Shop will refund the relevant physical element of the order in accordance with cozUare Shop Cancellation Policy as set out in this Section 48. Where you order multiple items that are delivered in separate batches, your fourteen (14) day cancellation period does not begin until the day after the last item has been received by you.
ii. To cancel in accordance with the terms herein, you must inform cozUare Shop clearly. cozUare Shop recommends emailing email@example.com with a clear “Notice of Order Cancelation” and your Order Number in the subject line of the email. Please return the product to cozUare Shop immediately in the same condition you received it (at your own cost and risk), following the specific return instructions you receive. You have a legal obligation to take care of the product while it is in your possession. If you fail to do so, cozUare Shop may have a claim against you for reimbursement for any damage caused by you to the product.
iii. Further details an explanation of how to exercise your right to cancel, may be provided in the Dispatch Confirmation for physical goods. Details of cozUare Shop´s Refund Policy can also be found at Sections 55–59.
iv. Note, this right to cancel does not apply:
a.) where CDs and/or DVDs (or other such audio or audio-visual products) have been unsealed;
b.) where the product has been made to your specification;
c.) to digital content (see Sections 44 above);
d.) where the product, by reason of its nature, cannot be returned, or is billed is a “Final Sale” or part of an “All Sales are Final” offer in the applicable product description or checkout page;
e.) Limited addition merchandise or other memorabilia; and
f.) Merchandise that has been worn, washed or in any way damaged by the consumer.
49. Delivery. cozUare Shop will make best efforts to fulfill your order by the delivery date, or estimated delivery date set out in the Dispatch Confirmation, however, it is understood that circumstances outside of cozUare Shop´s control my delay fulfillment or delivery, including but not limited to: high order volumes, holidays, weather, artist signings, preorder delays, manufacturing delays for preorder product, and shipping delays from the content provider for preorder product.
50. Risk and Title. Products purchased will be at your own risk of loss from the time of delivery. Ownership of the products will only pass to you when cozUare Shop receives full payment of all sums due in respect of the products, including delivery charges.
Damaged, Incorrect or Incomplete Orders
51. If your order arrives damaged, incorrect or incomplete, please contact cozUare Shop at firstname.lastname@example.org.
52. Damaged. If your ordered product(s) arrive damaged, photograph evidence will need to be attached to your email to cozUare Shop. Once cozUare Shop receives the photographs, cozUare Shop will issue you a return label via email. Once the damaged product(s) is shipped back to cozUare Shop, and cozUare Shop obtains possession of said product(s), cozUare Shop will provide you with replacement product(s).
53. Incorrect. If your ordered product(s) arrive and the product(s) is/are not what you ordered; once you contact cozUare Shop notifying cozUare Shop that you received incorrect product(s), cozUare Shop will issue you a return label via email. Once the incorrect product is shipped back to cozUare Shop, and cozUare Shop obtains possession of said product(s), cozUare Shop will provide you with a replacement product.
54. Worn or Washed. cozUare Shop will not provide return labels, nor be responsible, for any product that has been worn or washed.
55. If you cancel your purchase of products as detailed in Section 44 or 48 above, cozUare Shop will process the refund due to you as soon as possible. In such event, cozUare Shop will refund the price of the product in full, including the cost of delivering the item to you via standard delivery, provided that you have taken reasonable care of the returned product. If audio, video or software products provided to you in a separate sealed packet are opened, you may not be entitled to a refund. You will be responsible for the cost of returning the item to
56. cozUare Shop. For clarity, where your order was for products of a “hybrid” nature (e.g., a physical and digital product) and cozUare Shop has begun the process of delivering the digital part of your product order, cozUare Shop will refund the relevant element of the order in accordance with cozUare Shop´s Cancellation Policy (as set out in Sections 44 and 48 as applicable) for that particular product.
56. If you seek to cancel your purchase because you claim that the product is defective or that there has been damage or error on cozUare Shop´s part, cozUare Shop will examine the returned product and will notify you of your refund or otherwise via email within a reasonable period of time.
57. In the event that cozUare Shop has to cancel your order after payment has been received from you, cozUare Shop will notify you of cozUare Shop´s need to cancel your order and supply you with a refund as soon as possible.
58. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to cozUare Shop.
59. cozUare Shop will attempt to process any refund using the same method originally used by you to pay for your purchase. If you use a gift card to make your purchase, or any other prepaid method, you may receive credit back to the applicable gift card or prepaid method; because of this, you are expected to keep any gift cards or prepaid methods pursuant to making a purchase to ensure you receive credit upon any refund.
60. Occasionally, technical problems may delay or prevent delivery of a purchased product. In such event, your sole remedy will be either a replacement product or a refund, as determined by cozUare Shop or the relevant third party supplier as appropriate.
61. cozUare Shop will not be liable to you for failures, defects or delays in delivery caused by:
i. your provision of incorrect information;
ii. your computer failing to meet the minimum technical requirements for the Services;
iii. your failure to comply with instructions for use of the Services; or
iv. an event which is outside of cozUare Shop´s reasonable control.
International Orders; Import Duty
62. Products ordered from this Webstore for delivery outside Spain and Europe may take up to eight (8) weeks from the ship date to arrive at the designated destinaiton.
63. Products ordered from this Webstore for delivery outside Spain and Europe may be subject to import duties and taxes that are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Further, you shall be responsible for any local pickup or specified delivery with your local postal service. cozUare Shop has no control over these charges and local requirements and cannot predict their amount. Please contact your local customs office and post office for further information before placing your order.
64. You must make sure that you comply with all applicable laws and regulations of the country for which the products are destined. cozUare Shop will not be liable for any breach by you of any such laws.
65. cozUare Shop may from time to time provide access via this Webstore to games, applications, and other such features (the “Games”) that may be accessed by you subject, in addition to the Terms, to the following specific provisions:
i. Unless otherwise specified, all content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software accessible via this Webstore (collectively the “Materials”) are the property of cozUare Shop, or its suppliers, and are protected by the United States’ and international copyright, trade mark and other relevant intellectual property and proprietary rights laws.
ii. You may access and use the Games and the Materials only for your personal and non-commercial use and, if applicable, in accordance with the terms of the end user license agreement that accompanies or is included with the Games and which is incorporated into these Terms by reference.
iii. Except as expressly authorized by cozUare Shop in writing, you may not modify, download, reproduce, copy, sell, post, transmit, create derivative works from, publicly perform, publicly display, distribute or otherwise use the Games or the Materials for any other purpose.
iv. You may not link to or frame the Games or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of cozUare Shop without first obtaining cozUare Shop´s express written consent.
v. You may not use any meta tags or any other “hidden text” using cozUare Shop´s name or trademarks without cozUare Shop´s express written consent. Any unauthorized use terminates immediately the permission or license granted by cozUare Shop.
vi. You agree that cozUare Shop in its sole discretion may terminate, modify, delete or suspend your access to the Games, or any part thereof, with or without notice to you. In the event of termination for any breach of these Terms, all unused credit if applicable, and/or other aspects of your Games account will be forfeited.
viii. When you access the Games, you are communicating with cozUare Shop electronically. You hereby consent to receive such electronic communications.
ix. The Games are provided on an “as is” and “as available” basis. cozUare Shop makes no representations or warranties of any kind, express or implied, as to the operation of the Games or the information, content, materials or products included on or accessed /downloadable from this Webstore. You expressly agree that your use of the
Games is at your sole risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such information, content, material or products. cozUare Shop does not warrant that the Games, its servers, or any electronic communications sent to you are free of viruses or other harmful components.
Ticket and Event Pre-Sale Terms
66. cozUare Shop may from time to time sell access to certain pre-sale opportunities for tickets and events. Such Pre-Sale Access may be bundled with merchandise and other offers.
ii. Access to obtain tickets before the general public (“Pre-Sale Access”) does not guarantee a ticket, but is an opportunity to obtain tickets as a part of a pre-sale offering.
iii. Pre-Sale Access is controlled by third party entities, and cozUare Shop and related parties have no control or liability in relation to such third party ticket offers.
iv. Pre-Sale Access to tickets will only be available online. No direct phone, e-mail, or mail orders will be accepted.
v. Pre-Sale Access tickets are sold as outlined in the pre-sale announcement and access and ticket prices may vary. No changes can be made to the quantity or type of tickets available. Additional limitations may apply
vi. cozUare Shop does not guarantee Pre-Sale Access to any additional shows added after a pre-sale announcement
vii. Pre-Sale Access sales are final. There will be no refunds, exchanges, or name transfers for Pre-Sale Access. You should only purchase Pre-Sale Access for shows you are certain you can attend.
vii. You may not resell your Pre-Sale Access to another party. Reselling Pre-Sale Access can result in the revocation of the Pre-Sale Access itself, in addition to future ticket privileges.
67. cozUare Shop may, in cozUare Shop´s sole discretion, terminate your password, account (or any part thereof, if any) or use of this Webstore without notice if (i) you are in breach of these Terms; or, (ii) if cozUare Shop believes in cozUare Shop´s absolute sole discretion, that your use of the Services, the Content or the Software, is unsuitable.
68. Termination, suspension or cancellation of your access rights shall not affect any other right or relief to which cozUare Shop may be entitled, at law or in equity.
69. Upon termination, all rights granted to you under these Terms will automatically terminate and immediately revert to cozUare Shop’s licensors (save for any continuing rights which you may have in connection with products which you have purchased from this Webstore).
70. cozUare Shop warrants to you that any goods purchased from cozUare Shop through this Webstore are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
71. In relation to cozUare Shop´s supply of products via this Webstore (including both digital and physical products) cozUare Shop’s liability for losses which you suffer is strictly limited to the purchase price paid by you. cozUare Shop is not responsible for indirect losses which are not foreseeable by you and cozUare Shop (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
72. cozUare Shop shall not be liable for any damages of any kind arising from the use of the products, including but not limited to, a direct, indirect, incidental and/or consequential loss, including lost profits, goodwill or any other intangible loss, even if cozUare Shop has been advised of the possibility of such loss. If you are an individual consumer, this may not apply to you and instead cozUare Shop will be liable to you only for the direct and actual loss suffered by you and will not be liable for any indirect, incidental and/or consequential loss, even if cozUare Shop has been advised of the possibility of such loss.
73. You agree to indemnify cozUare Shop, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand made by any third party due to, arising out of or related to your breach of these Terms, misuse of the products, or your violation of any applicable law, rule, regulation or third party right.
74. This Section does not in any way limit or exclude cozUare Shop´s liability:
i. for death or personal injury caused by cozUare Shop´s negligence;
ii. for fraud or fraudulent misrepresentation; or
iii. for any other matter for which it would be illegal for cozUare Shop to exclude, or attempt to exclude, cozUare Shop ´s liability.
Transfer of Rights and Obligations
75. The agreement between you and cozUare Shop created by these Terms (the “Agreement”) is binding on you and cozUare Shop and on cozUare Shop´s respective successors and assigns.
76. You may not transfer or assign, charge or otherwise dispose of the Agreement, or any of your rights or obligations arising under it, without cozUare Shop´s prior written consent.
77. cozUare Shop may transfer, assign, charge or sub-contract the Contract, or any of cozUare Shop´s rights or obligations arising under it, at any time during the term of the Agreement, provided that cozUare Shop remains primarily liable for cozUare Shop´s obligations under the Agreement where applicable. 78.
Events Outside cozUare Shop´s Control
78. cozUare Shop will not be liable or responsible for any failure to perform, or delay in performance of, any of cozUare Shop´s obligations that is caused by events outside cozUare Shop´s reasonable control. cozUare Shop´s performance under these Terms is deemed to be suspended for the period that any such event continues, and cozUare Shop will have an extension of time for performance for the duration of that period. cozUare Shop will use cozUare Shop´s reasonable efforts to find a solution by means of which cozUare Shop´s obligations may be performed despite such event.
Resolving Disputes Between You and cozUare Shop
79. cozUare Shop hopes cozUare Shop is able to help you with any queries or complaints you may have with the services and goods cozUare Shop provides. Email cozUare Shop at email@example.com with any issues.
80. These Terms, together with any documents or links to other terms referred to herein, constitute the whole agreement between you and cozUare Shop and supersede and extinguish any prior understandings, agreements or terms between you and cozUare Shop.
81. The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
82. No breach by either you or cozUare Shop of any provision of these Terms shall be waived or discharged except with the express written consent of the other.
83. No failure or delay by either you or cozUare Shop in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or cozUare Shop of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
84. These Terms shall be binding on and endure for the benefit of each party’s successors in title.
Governing Law and Jurisdiction
85. These Terms shall be governed by and construed in accordance with the laws of Spain and you and cozUare Shop hereby irrevocably submit to the non-exclusive jurisdiction of the Spanish Territory as regards to any claim or matter arising in relation to these Terms.
86. Please note, you must comply with all applicable laws and regulations of the country for which the products are destined. cozUare Shop will not be liable for any breach by you of any such laws.
87. Applicable laws require that some of the information or communications cozUare Shop sends to you should be in writing. When using this Webstore, you accept that communication with cozUare Shop will be mainly electronic. cozUare Shop will contact you by email or provide you with information by posting notices on this Webstore. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that cozUare Shop provides to you electronically comply with any legal requirement that such communications be in writing. For the avoidance of doubt, all communications, including the conclusion of the contract, will be in English.
88. All legal notices given by you to cozUare Shop must be given to cozUare Shop at the address set out below or the following email address: firstname.lastname@example.org. cozUare Shop may give notice to you at the email or postal address you provide to cozUare Shop when placing an order or registering with this Webstore, or by posting the notice on this Webstore. Notice will be deemed received immediately when posted on this Webstore,
89. twenty four (24) hours after an email is sent or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressee.
89. If you have any queries about these Terms, this Webstore or any of cozUare Shop´s Services please contact: email@example.com.
90. cozUare Shop´s notice address is:
91. cozUare Shop´s hours of operation are Monday through Friday, 9:00 AM to 5:00 PM, Central European Time (GMT +01::00)