Terms and Conditions
Charges:
means the charges of the Product or other possible services,including, but not limited to, purchase costs and delivery charges.
Customer: a natural person or legal person, who ultimately uses the Product. For the purpose of these Terms and Conditions, the Customer is not authorised to, in the course of running a business or in the exercise of a profession, distribute or set up a sales system to distribute the Product to any entity.
Force Majeure: means an event which is beyond the reasonable control of the affected Party and which such Party could not anticipate or mitigate.
Intellectual Property Rights: means all right, title and interest in and to all industrial and intellectual results, objects or property either in whole or in part, tangible or intangible, including all patents, binaries, codes, source and object codes, software, trademarks, copyrights, design, information and know-how, and all other similar results, objects or property.
Product: means The Cosmic Dolphins’ smartphones including their replaceable parts, spare parts, accessories and possible services as offered for sale by The Cosmic Dolphins.
CosmicOS: means the operating system developed by The Cosmic Dolphins for the use of its Product.
Terms:means these Terms and Conditions, including updates, alterations and possible appendices, published on the Cosmic Dolphins Website.
: means The Cosmic Dolphins SA, a Swiss stock corporation located at Avenue d’Ouchy 4, 1006 Lausanne in Switzerland, registered with the Trade Registry number CHE-410.011.208.
Webshop: means the on-line shop section of the Cosmic Dolphins Website where information about the Products can be acquired and where the Product can be purchased.
Website: means The Cosmic Dolphins’ website: www.cosmicdolphins.ch
2.1
These Terms apply in full to all contracts and other obligations between the Customer and The Cosmic Dolphins, and exclude all other terms and conditions, whether provided by the Customer or any third party, unless previously agreed upon in writing by The Cosmic Dolphins.
2.2 These Terms apply as of the time of the Customer’s order. In case of changes, the Terms and Conditions applicable to the Customer at the time of purchase will apply. The Customer is responsible for reading carefully these terms and conditions before submitting their order to The Cosmic Dolphins.
3.1 The presentation of the Product within the Web shop does not represent a legally binding offer but rather an on-line catalog without obligation. By clicking the checkout button of the shopping cart section, the Customer is making a binding offer for the goods contained in the shopping basket.
3.2 An email confirming and containing the receipt of the order will occur after the payment has been secured. This confirmation e-mail represents the acceptance of the Customer’s binding offer by The Cosmic Dolphins. At this point a contract will come into existence between the Customer and The Cosmic Dolphins.
3.3 Prior to any purchase, the Customer must provide accurate, current and complete information (registration data), which is required in registering and ordering Products. This information must always be up-to-date. The Customer must renew this information in case of changes .
3.4 The Cosmic Dolphins reserve the right to reasonably terminate the Customer’s purchase contract if any information provided by the Customer is false, inaccurate, not up-to-date or incomplete. If the contract is terminated on these grounds, the Customer will not be entitled to any compensation and will be liable for damages that The Cosmic Dolphins will suffer, such as additional delivery costs .
3.5 If for whatever reason, The Cosmic Dolphins is unable to accept the Customer’s order, the Customer will be informed of this in writing and will not be charged for the product. The reasons of denying an order might be, but non only, because the product is out of stock, because of unexpected limits on The Cosmic Dolphins’ resources which could not be reasonably planned for, because an error has been identified such as an error in the price or description of the product.
3.6 The Customer below legal age or acting on behalf of someone else needs to have the consent of a legal representative or the person in question.
3.7. The provisions of this covenant shall apply without prejudice to any mandatory legal provisions of local law.
Charges and Payment method
4.1 The Charges asked for the Product are published on The Cosmic Dolphins Webshop and made known to the Customer before they conclude the purchase.
4.2 The Cosmic Dolphins reserve the right to change the Charges unilaterally. In case of changes, the Charges that were made available on the Webshop when the Products were ordered are applicable. Charges must be paid in accordance with the instructions as specified on either the Webshop, the invoice or by other means.
4.3 The final costs of delivery can be found on the Website on the check-out page before the Customer confirms their purchase.
4.4 Products will be charged in Swiss francs (CHF).
4.5 All Charges are gross prices and de not include the current rate VAT depending on the country of the purchase. Shipping and other charges, such as import taxes will depend on the value of the order and the country to which the product is being shipped. These and any customs duties or tariffs that may be imposed on the deliveries will be paid by the Customer.
4.6 If the rate of VAT changes between the Customer’s order date and the date The Cosmic Dolphins supplies the product, The Cosmic Dolphins will adjust the rate of VAT that the Customer must pay, unless the Customer has already paid for the product in full before the change in the rate of VAT takes effect.
4.7 The payment of the purchase may be made by PayPal, Credit/debit Card, TWINT, Google Pay.
4.8 The Customer’s order only becomes final when The Cosmic Dolphins receives the full payment of the applicable Charges. Only final orders will be dispatched.
5.1
Unless the Customer has a different requirement, the delivery address
entered at the shipping stage of the order will be used. Delivery address or
contact details for existing orders cannot be changed.
5.2 During the order process, the Customer will be informed of the estimated date of the delivery.
5.3 The Products will only be delivered to the following countries: Iceland, Liechtenstein, Norway, Switzerland, Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Sweden.
5.4 In case of Force Majeure, The Cosmic Dolphins cannot be held responsible for any failure or delay in the performance. If there is a risk of substantial delay, the Customer may contact The Cosmic Dolphins to end the contract and receive a refund for any products that has been paid for but not received.
5.5 If no one is available at the Customer’s address to take delivery and the Product cannot be posted through the Customer’s letterbox, a note will be left informing the Customer of how to rearrange delivery. If the Customer does not collect the Product as arranged or if, after a failed delivery, the Customer does not rearrange delivery, the Customer will be contacted for further instructions and may be charged for storage costs and any further delivery costs. If, despite The Cosmic Dolphins’ reasonable efforts, the Customer is not reachable or the rearrange delivery or collection is not made possible, The Cosmic Dolphins may end the contract according to the applicable law under Article 11.
The Product will become the Customer’s property once the Customer has received the Product, provided that The Cosmic Dolphins has received full payment. As soon as The Cosmic Dolphins has delivered the Product to the Customer and unless due to manufacturing defects or lack of conformity as per stated at Article 8, the Customer will become responsible for the Product and for any loss or damage thereafter.
7.1
The Product runs on CosmicOS, the operating system software developed by The Cosmic
Dolphins. CosmicOS is installed on the Product prior to its delivery to the Customer. The Product<br>
requires the use of CosmicOS for its normal operation.
7.2 The Cosmic Dolphins grants the Customer a non-exclusive, non-assignable, free ofchargelicense to the use of CosmicOS for personal, non-commercial use in conjunction with the Product. The Customer is entitled to transfer rights and obligations to CosmicOS to a third party, solely together with the Product with which the Customer received the software, provided the third party agrees in writing to be bound by the terms of this Article.
7.3 In case the Customer wishes to use CosmicOS in a different manner than the use permitted in this Article, the Customer must obtain a written authorization from The Cosmic Dolphins.
7.4 In case the Customer fails to comply with the terms of the present Article, The Cosmic Dolphins may terminate the license agreement through a notice sent to the Customer. The termination will operate automatically from the moment when the Customer receives the notice. Reasons for terminating the license agreement can be due to actions related to the CosmicOS that may result in a breach of proprietary rights, without having the relevant permissions; transmitting any viruses, or codes of a destructive nature; actions such as collecting third parties personal data in violation of any data protection and/or privacy laws; using CosmicOS for any illegal, fraudulent or unauthorized purpose; copying any elements of the CosmicOS without The Cosmic Dolphins prior written consent; circumventing or breaching any security or any authentication measures put in place by The Cosmic Dolphins or third parties
8.1 The purchased Products is covered by a warranty period of one (1) year from delivery. This shall be without prejudice to any mandatory provisions of local law.
8.2 The Cosmic Dolphins warrants its own branded Products and accessories contained in the original packaging to be free from defects in materials and workmanship when used in accordance with The Cosmic Dolphins’ user manual, specifications and other guidelines published by the Cosmic Dolphins.
8.3 This warranty does not apply to: (a) consumable parts, such as batteries or protective coatings that are expected to wear out over time, unless the damage is due to a defect in materials or workmanship; (b) cosmetic damage, including, but not limited to, scratches, scuffs, or breakage of plastic port components, unless the damage is due to a defect in materials or workmanship; (c) damage caused by use with a third party component or product that are not compatible with the Cosmic Dolphins Products; (d) damage caused by accident, abuse, misuse, exposure to fire, earthquake or any other external cause; (e) damage caused by use of the Product not in accordance with The Cosmic Dolphins published user guide, specifications or other guidelines; (f) damage caused by any service (including upgrades and expansions) performed by third party not authorized by The Cosmic Dolphins; (g) to a Product that has been modified so as to alter its functionality or capabilities without The Cosmic Dolphin’s written authorization; (h) to damage resulting from normal wear and tear or normal aging of the Product; (i) if a serial number on the Product has been removed or defaced, or (j) if The Cosmic Dolphins receives information from relevant government authorities or records indicating that the Product has been stolen, or if the Customer fails to disable password protection or other security measures designed to prevent unauthorized access to the Product and it cannot be proved that the Customer is the authorized user of the Product (for example, by presenting proof of purchase).
8.4 Before submitting a warranty claim for a Product, it is the responsibility of the Customer to make a copy of the contents of its storage media, delete all personal information and disable all security passwords. The contents of the Product may be erased, replaced and/or reformatted during repair. The Cosmic Dolphins will not make a backup copy of the information contained on the Product. The Cosmic Dolphins does not warrant or promise that it will be able to repair or replace a Product under this warranty without risk and/or loss of information and/or data stored on the Product.
8.5 After Warranty service is provided, the Product or a replacement product will be returned to the Customer with the original configuration of the Product at the time of purchase, subject to applicable updates. The Cosmic Dolphins may install system software updates as part of the warranty service that will prevent the Product from reverting to an earlier version of the system software. Third-party applications installed on the Product may not be compatible or work with the Product as a result of the system software update. Recovery and re-installation of software, data, and other information are not covered under this warranty.
8.6 If, during the warranty period, a claim is submitted, The Cosmic Dolphins will, at its option: (i) repair the Product using new or previously used genuine parts that have been tested and meet The Cosmic Dolphins functional requirements, or (ii) replace the Product with a replacement product of the same model that is new or made with new and/or previously used original parts and that has been tested and meets The Cosmic Dolphin’s functional requirements, or (iii) refund the purchase price in exchange for the return of the Product the Customer wishes to use CosmicOS in a different manner than the use permitted in this Article, the Customer must obtain a written authorization from The Cosmic Dolphins
8.7 If a part or product is replaced or a refund is issued, any replacement product will become the Customer’s property and the refunded or replaced Product will belong to The Cosmic Dolphins.
8.8 A replacement part or product or a repaired Product will remain under the remaining warranty of the original Product or for ninety (90) days from the date of replacement or repair, whichever is longer.
8.9 The Customer may submit their warranty claim to the following email address: [email protected]. Before the Customer can receive warranty service, The Cosmic Dolphins may require that the Customer provides a proof of purchase and answers questions to help diagnose potential problems.
8.10 Without prejudice of consumer rights under local mandatory laws, all warranties and other conditions not specified in this document are excluded from the one-year limited Warranty.
8.11 Subject to mandatory local law and to the fullest extent permitted by law, The Cosmic Dolphins total liability arising out of and/or in connection with The Cosmic Dolphins’ one-year limited Warranty, whether in contract, tort (including negligence), or arising out of the performance or intended performance of this warranty, is limited to providing (at its sole cost and discretion) the warranty service options set in the present document.
8.12 In no event shall The Cosmic Dolphins be liable for any of the following: loss of profits, loss of business, loss of goodwill and/or other similar losses, loss of anticipated savings, loss of property, loss of contracts, loss of use; loss or damage to data or information, or any special, indirect, consequential or purely economic damage, loss, expense, cost or fee. 8.13 The Customer may transfer our Manufacturer Warranty to a person who has acquired the Product. The person to whom the guarantee is transferred may be required to provide reasonable evidence that they are now the owner of the relevant item or property, for example by showing the original proof of purchase. The transferred Warranty cannot extend beyond the period of the original Warranty of 12 months from the date of the primal delivery. 8.14 The CosmicOS software embedded in the Product has been tested to work with the Product, however The Cosmic Dolphins does not warrant that software preinstalled by or on behalf of The Cosmic Dolphins on the Product (or subsequent updates and upgrades) will meet the Customer’s requirements, work in combination with any hardware or software not provided by The Cosmic Dolphins, will operate uninterrupted or error-free, or that The Cosmic Dolphins will correct all software errors. Therefore, the Customer may experience some problems and interruptions in the use of CosmicOS. If so, the Customer must contact The Cosmic Dolphins. 8.15 The Cosmic Dolphins will provide the Customer with CosmicOS updates throughout the one (1) year warranty period. However, for Third Party software that the Customer might use on their Product, The Cosmic Dolphins depends on these third parties to make the updates available in a timely manner and cannot guarantee that these updates will be error-free. 8.16 This warranty provision is applicable only for the latest version of the unmodified and officially released CosmicOS software by The Cosmic Dolphins. Therefore, The Cosmic Dolphins will only provide support and fixes for the unmodified and officially released CosmicOS software by The Cosmic Dolphins.
9.1 The Customer acknowledges and agrees that the Intellectual Property Rights concerning the Product and CosmicOS, any services rendered and/or the Website, are held by The Cosmic Dolphins and/or their business partners, unless expressly indicated otherwise, by law and/or by agreement.
9.2 Therefore, the Customer has the right to use the Intellectual Property Rights only insofar as The Cosmic Dolphins has granted the Customer, in writing, permission to. The Customer shall refrain from using the Intellectual Property Rights (or having them used) in any other manner without The Cosmic Dolphins written permission and/or the written permission of the business Partners.
9.3 The Customer will indemnify The Cosmic Dolphins and/or their business partners from and against any claim or action based on using the Intellectual Property Rights without permission.
10.1 Anyone can visit the Website without submitting any information about oneself. Personal data is only collected if users voluntarily provide The Cosmic Dolphins with it, for example, while opening a customer account.
10.2 All data collected by The Cosmic Dolphins will be used and processed exclusively within the framework of the current European Union General Data Protection Regulation (GDPR) and in accordance with The Cosmic Dolphins‘ own data protection and privacy policies that can be found on the Website.
11.1 The Cosmic Dolphins reserves the right to update the Website for maintenance or updates. The Cosmic Dolphins also reserves the right to suspend or restrict access to some features to users.
11.2 In any case, The Cosmic Dolphins will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. The Cosmic Dolphins reserves the right, at its sole discretion, to change, modify, add, amend and remove any part of these Terms and Conditions from time to time.
11.3 The users and customers will be notified of these changes through The Cosmic Dolphins’ communication platforms. However, it is the users and customers own responsibility to check the changes made.
12.1 All contracts concluded with The Cosmic Dolphins shall be governed by Swiss law.
12.2 For judicial redress, any dispute between the Customer and The Cosmic Dolphins in relation to the agreement, including the understanding and extent of these Terms and Conditions will be resolved by the competent court in Lausanne, Switzerland.
13.1 This contract is between the designated Customer and The Cosmic Dolphins. No other person shall have any rights to enforce any of its terms, except in the case where the Customer has transferred the Manufacturer Warranty to another person, within the limits of Article 8.13
13.2 Neither of the Parties to this agreement will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13.3 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.
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