Terms of service
OVERVIEW
Welcome to Cosmic-Tee! The terms "we", "us" and "our" refer to Cosmic-Tee, a DBA of AstralWhere LLC. Cosmic-Tee operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Cosmic-Tee is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online store.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Cosmic-Tee reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Cosmic-Tee confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Cosmic-Tee may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Cosmic-Tee, AstralWhere LLC, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Cosmic-Tee's names, logos, designs, and slogans are trademarks of AstralWhere LLC or its affiliates or licensors. You must not use such trademarks without our prior written permission.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Cosmic-Tee is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with AstralWhere LLC, DBA Cosmic-Tee. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Cosmic-Tee, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Cosmic-Tee.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.
You also represent and warrant that you own or have all necessary rights to all Feedback, and that your Feedback will comply with these Terms. We are under no obligation to maintain your Feedback in confidence, to pay compensation for it, or to respond to it.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services to: violate any law or regulation; infringe upon our intellectual property rights or those of others; harass, abuse, or harm any person; transmit false or misleading information; send spam or unsolicited advertising; impersonate any person or entity; or engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services.
You agree not to upload viruses or malicious code, scrape or extract data using automated tools, collect or track the personal information of others, or interfere with or bypass the security measures we employ. We reserve the right to suspend, disable, or terminate your account at any time if we determine you have violated these Terms.
SECTION 14 - AGENTS
This section applies if you use, allow, enable, or cause the deployment of an Agent (any software or service that takes autonomous or semi-autonomous action on your behalf) to access, use, or interact with the Services. No Agent may access the Services unless it identifies itself as such in its requests and does not conceal that its actions are automated. We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. THE SERVICES AND ALL PRODUCTS OFFERED ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL COSMIC-TEE, ASTRALWHERE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS, OR THOSE OF SHOPIFY, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless AstralWhere LLC, Shopify, and our affiliates, officers, directors, employees, agents, contractors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of your breach of these Terms, your violation of any law or third-party right, or your use of the Services.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be severed, and it shall not affect the validity and enforceability of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms, together with any policies referenced herein, constitute the entire agreement between you and us regarding the Services.
SECTION 21 - ASSIGNMENT
You may not assign or transfer these Terms or your rights and obligations under them without our prior written consent. We may assign or transfer these Terms without restriction.
SECTION 22 - GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. You and Cosmic-Tee consent to venue and personal jurisdiction in the courts of that jurisdiction.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
We reserve the right to update, change, or replace any part of these Terms of Service at any time by posting updates to our website. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at:
AstralWhere LLC, DBA Cosmic-Tee
600 N 2nd St, 4th Fl, Harrisburg, PA 17101, United States
Phone: (484) 306-3386
Email: info@cosmic-tee.com