AGB
The following Terms of Service govern the sale of products through this website by the company:
CosmosBVB OÜ, with registration number 17271364 and registered office at Harju maakond, Tallinn, Kesklinna linnaosa, Ahtri tn 12, 15551.
Hereinafter referred to as “PadelCosmos.”
Welcome to PadelCosmos. The terms "we" and "our" refer to PadelCosmos. PadelCosmos operates this store and website, including all information, content, features, tools, products, and services to provide you, the customer, with a curated shopping experience (the "Services"). PadelCosmos uses Shopify technology to provide these Services.
The following Terms and Conditions, together with all referenced policies (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By viewing, interacting with, or using our Services, you agree to comply with these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use our Services.
If you have any questions regarding these Terms of Service or our Privacy Policy, you may contact us via our contact form or by sending an email to info@padelcosmos.com.
SECTION 1: ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any of your dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing our online stores, browsing them, or purchasing any product or service we offer, you may be asked to provide certain information, such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and all activity associated with it. You may not transfer, sell, or assign your account to another person, nor grant licenses associated with that account.
SECTION 2: OUR PRODUCTS
We have made every effort to accurately display our products and services in our online stores. However, please note that colors or product appearances may vary from what you see on your screen depending on the device you use to access the store and its settings.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is displayed in our online stores.
All product descriptions 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 products offered to any person, geographic region, or jurisdiction as applicable.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. PadelCosmos reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until PadelCosmos confirms acceptance. We must receive and process your payment before accepting your order. Please review your order carefully before submitting, as PadelCosmos may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, or phone number provided at the time of order.
Your purchases are subject to return or exchange only in accordance with our Refund Policy.
You represent and warrant that your purchases are solely for personal or household use and not for resale or export for commercial purposes.
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 forth in the order confirmation email you receive. Unless expressly stated otherwise, posted prices do not include applicable taxes, shipping, handling, customs, or import fees.
Prices posted in our online stores may differ from those offered in physical stores, online stores, or other channels operated by third parties. From time to time, we may offer promotions on the Services that may affect prices and are subject to terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms shall prevail.
For all purchases made in our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account information, such as your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) your credit card company will honor the charges incurred by you; and (iv) you will pay all charges incurred at the posted prices, including applicable shipping, handling, and taxes, if any.
SECTION 5: SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping companies, customs processing, or events beyond our control. Once we deliver the products to the carrier, ownership and risk transfer to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including, without limitation, trademarks, brand names, text, samples, images, graphics, product reviews, video and audio, and their design, selection, and arrangement, are the property of PadelCosmos, its affiliates, or licensors and are protected by U.S. and international copyright and other intellectual property laws.
These Terms permit you to use the Services solely for personal, non-commercial purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly stated in these Terms, nothing herein grants or shall be construed as granting any license or other right to you with respect to patents, trademarks, copyrights, or other intellectual property rights of PadelCosmos, Shopify, or third parties. Unauthorized use of the Services may violate federal and state intellectual property laws. PadelCosmos reserves all rights not expressly granted herein.
The names, logos, product and service names, designs, and slogans of PadelCosmos are trademarks of PadelCosmos, its affiliates, or its licensors. You must not use such trademarks without PadelCosmos’s prior written permission. Shopify’s names, logos, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.
SECTION 7: OPTIONAL TOOLS
As part of the Services, you may be provided with access to client tools offered by third parties over which we exercise no oversight, control, or input.
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.
Any use by you of optional third-party tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.
SECTION 8: THIRD-PARTY LINKS
The Services may include materials and hyperlinks to third-party websites (including embedded third-party functionality) that are provided or managed by third parties. We are not responsible for examining or evaluating, and we do not warrant, the content or accuracy of any third-party materials or websites you choose to access. If you choose to leave the Services to access such materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites or to your purchase or use of products, services, or resources from such third-party websites. Please carefully review the policies and practices of third parties and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
SECTION 9: RELATIONSHIP WITH SHOPIFY
PadelCosmos uses Shopify technology to provide the Services. However, any sales and purchases made in our store are conducted directly with PadelCosmos. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales taking place between you and PadelCosmos, including injuries, damages, or losses caused by products and services purchased. You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with PadelCosmos.
SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here, and certain personal information may be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted on Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services for you. For the purpose of providing you services, the information you submit to the Services will be transmitted to Shopify and to third parties that may be located in countries other than your own and will be shared with them. For more information about how we, Shopify, and our partners use your personal information, please review our Privacy Policy.
SECTION 11: COMMENTS
If you send, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Comments”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any media and for any purpose, including commercial use. For example, we may exercise our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services, and to meet our obligations and enforce our rights under these Terms of Service.
You also represent and warrant that: (i) you own all necessary rights to all Comments; (ii) you have disclosed any compensation or incentive received in connection with submitting the Comments; and (iii) your Comments will comply with these Terms. We have no obligation to (1) maintain the confidentiality of your Comments; (2) provide compensation for your Comments; or (3) respond to your Comments.
We may, but have no obligation to, monitor, edit, or remove Comments that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringe any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You further agree that your Comments will not contain defamatory or unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website in any way. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS
From time to time, information on or relating to the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product 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 in the Services or on any related website is inaccurate, at any time and without prior notice (including after you have submitted your order).
SECTION 13: PROHIBITED USES
You may access and use the Services solely for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for unlawful or malicious purposes; (b) to violate international, federal, provincial, state, or local regulations, laws, or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other person; (e) to submit false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to transmit or attempt to transmit spam, chain letters, junk mail, or any similar content; (h) to impersonate any other person or entity, or attempt to do so; (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as we determine, may harm PadelCosmos, Shopify, or users of the Services, or expose them to liability.
You further agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) send spam, engage in phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14: TERMINATION
We may terminate this agreement or suspend your access to the Services (or any part thereof) at our sole discretion at any time without prior notice, and you may remain liable for all amounts due up to and including the date of termination.
The following sections shall survive termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.
SECTION 15: DISCLAIMER OF WARRANTIES
The information presented in the Services or through them is made available for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from reliance placed on such materials by you or any visitor to the Services, or by anyone who may be informed of its contents.
UNLESS EXPRESSLY STATED BY PadelCosmos, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE OR REPRESENT THAT YOU WILL BE ABLE TO USE THE SERVICES WITHOUT INTERRUPTION, IN A TIMELY, SECURE, OR ERROR-FREE MANNER. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16: LIMITATION OF LIABILITY
To the fullest extent permitted by law, under no circumstances shall PadelCosmos, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, nor Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, loss of profits, revenue, savings, data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless PadelCosmos, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorney’s fees, made by any third party arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, provided that failure to promptly notify you shall not relieve you of your obligations except to the extent that you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle any claim imposing non-monetary obligations on you without your consent (not to be unreasonably withheld). You will cooperate in the defense of claims subject to indemnification, including by providing relevant documents.
SECTION 18: SEVERABILITY
If any provision of these Terms of Service is found to be illegal, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19: WAIVER; ENTIRE AGREEMENT
The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, along with any policies or operating rules posted by us on this site or in respect to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 20: ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign, or delegate these Terms along with our rights and obligations without your consent or notice to you.
Section 21: GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal, state, or territorial courts of the jurisdiction to which PadelCosmos belongs. You and PadelCosmos hereby submit to the jurisdiction and venue of such courts.
Section 22: HEADINGS
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 23: CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 24: CONTACT INFORMATION
CosmosBVB OÜ, with registration number 17271364 and registered office at Harju maakond, Tallinn, Kesklinna linnaosa, Ahtri tn 12, 15551.
If you have any questions regarding these Terms of Service or our Privacy Policy, you may contact us through our contact form or by sending an email to info@padelcosmos.com.