Last updated: November 26, 2023
As used in this Agreement, and on our Site, "cosmab.com, Cosmab, Cosmab Corp. Inc., Site" refers automatically to Cosmab Corp, Inc. with headquarters located at PO Box 81917, Las Vegas, NV 89180. All content included on our website is the exclusive property of Cosmab Corp, Inc and cannot be copied or used without any express consent from Cosmab Corp, Inc.
Changes to This Agreement
Minimum Age Requirement
Our Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use our Site only with involvement of a parent or guardian. In no case, any purchase or use of our website should be made without the involvement of the parent or guardian. Therefore, you must be 18 years or older and the age of majority in your place of residence to subscribe and/or register as a member or make any purchase of any kind of product or services on our Site without involvement of a parent or guardian.
Cosmab Account/Customer Profile
By using and/or interacting on our Site, you may be required to register with Cosmab in order to access certain services or areas. With respect to any such registration, we may refuse to grant to you the user name you may be requested. Your user name and password are for your personal use only. If you use our Site, you are totally responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Cosmab, Cosmab reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
Governing Nevada Law and Dispute Forum/Jury Trial Waiver
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEVADA, WITHOUT CONSIDERATION OF ITS CONFLICT OF LAW PRINCIPLES AND CUSTOMER, BY ACCEPTING THIS AGREEMENT, CONSENTS AND AGREES TO EXCLUSIVE JURISDICTION IN THE SUPREME COURT FOR THE STATE OF NEVADA, CLARK COUNTY, PROVIDED THAT A PARTY MAY SEEK ENFORCEMENT OF A JUDGMENT OF SUCH COURTS IN ANY COURT OF COMPETENT JURISDICTION. BOTH COSMAB CORP., INC. AND CUSTOMER WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN THE PARTIES.
License and Access
Purpose of Sales
All sales of products and/or services (memberships, subscriptions…) made on our Site by Cosmab are limited to personal use and may not, without the express prior written approval of Cosmab, be made in conjunction with any resale or commercial use. We reserve the right to limit quantities to normal retail purchases accordingly.
All text, graphics, logos, designs, button icons, images, audio and/or video clips and the selection and arrangements thereof, as well as all software contained on our Site are the exclusive property Cosmab Corp, Inc. All Rights Reserved. Any compilation, presentation, arrangements, or assembly of all content contained on our Site are the exclusive property of Cosmab and protected by U.S. law and international copyright laws. All software used on our Site is the property of Cosmab or its respective software suppliers and is protected by U.S. and international copyright laws. Printing in hard copy or electronically copy portions of our Site for the sole purpose to place an online order with Cosmab is granted. Any other use of Cosmab materials including, accordingly, reproduction for purposes other than those permitted above, changes, modification, distribution, republishing, display, transmission or performance without the prior written consent of Cosmab is strictly prohibited.
Product Colors/Satisfaction Policy and Returns
Cosmab makes every reasonable effort to display as accurately as possible the colors of the products that appear on our Site. However, the actual colors you see will depend on a number of factors including the monitor that you use and the settings on the monitor. Cosmab does not guarantee that the display of any color will be accurate. If for any reason you are unsatisfied with your experience on our Site, please contact us
before submitting your order for the considered item(s) as no refund or credit will be provided and your order will be considered final once submitted and your payment for such order has been processed. Also, unfortunately, Cosmab does not accept any return at this time. All sales made through our website are automatically considered final at the time the order(s) has(have) been submitted and the payment(s) has(have) been processed. You fully agree, understand and recognize that your(s) order(s) is(are) considered final at the time you submit it(them) for processing in accordance with our Return/Refunds Policy. No refund or credit will be provided for items that have been returned directly to our warehouse without any particular authorization from Cosmab through a written confirmation. In the event of an authorized return of any goods sold from our Site (through a return made to our warehouse), Cosmab is not obligated to include a refund or credit of any shipping and handling charges or delivery charges or gift wrap charges except when the return is for defective product and Cosmab shall have the option to refund any amount owing to Customer by making a credit back to the charge card used for payment.
Disclaimer - Beauty Products
Cosmab sells products from many of the finest and reputable cosmetic and fragrance producers in the world. The use and selection of cosmetics and fragrance products and other health and beauty products requires care to be certain that any directions and warnings from the manufacturer are always observed and followed and that Customer is aware of the possibility that some people may have allergic or other reactions to such products.
Cosmab will endeavor to provide to Customers product labeling information, however, Cosmab is not the manufacturer of beauty products it sells. Customers are advised to read and strictly follow the label, all packaging inserts and instructions and all manufacturer directions and warnings.
In providing information or advice on our Site with respect to beauty products, whether in chat rooms when available, in product descriptions, or otherwise, Cosmab may rely upon advice from third-party manufacturers and from licensed beauticians. As to any products of which Cosmab is not the manufacturer, Cosmab will, upon request, endeavor to identify the manufacturer of such product and provide to the Customer contact information for the manufacturer.
General Disclaimer - All Products
Cosmab does not represent or warrant that the information accessible through our Site is accurate, complete or current or that any advice or any particular product will achieve any result of any kind. Price and availability information contained on our site is subject to change or be updated at all times without prior notice. Cosmab shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on our Site.
All materials and information presented by Cosmab on our Site are intended to be used for informational purposes only. Products promoted on our Site, including cosmetic products, are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease, and are not intended to affect the structure of or any function of the human body. The results reported, if any, may not necessarily occur in all individuals. Please consult with your own physician or health care practitioner regarding any suggestions and recommendations made at our Site, if after following carefully instructions from the manufacturer, you need some recommendation and/or are simply not sure about something and think you need some medical advice prior to use the product you intend to purchase.
In providing product information to its customers, Cosmab relies in part on product descriptions furnished by manufacturers, wholesalers, and other third parties. If you believe that any information is not accurate, please contact us.
Cosmab cannot and does not represent or warrant that our Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements. THE SITE AND ALL INFORMATION, CONTENT, WRITTEN MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH OUR SITE ARE PROVIDED BY COSMAB ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES, INCLUDING ANY EXPRESS WARRANTIES, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OR ANY WARRANTIES AS TO THE COMPLETENESS OF THE SITE CONTENTS OR THAT EMAILS SENT FROM COSMAB ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. THE FOREGOING DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES SHALL BE APPLICABLE ONLY TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW AND SHALL IN NO EVENT BE CONSTRUED TO BE BROADER THAN PERMITTED BY THE APPLICABLE LAW.
Order Acceptance/Shipping Terms/Refunds
The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock at time of purchase or otherwise available on the price and terms published on our Site, or published in any catalog or other advertisement. Cosmab reserves the right, without prior notification to the Customer, to limit the order quantity on any item and/or to refuse service to any Customer for any reason, including limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified as potential fraud. Cosmab reserves the right to limit the quantity of items purchased per person, per household or per order for any reason; and these restrictions may apply to orders placed by the same account, the same credit card, as well as to orders that use the same billing address and/or shipping address. Cosmab also reserves the right, in our sole discretion, to either prohibit sales or limit quantities of sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any item from Cosmab for the purpose of engaging in a commercial sale of that same item with a third party. With respect to items sold by Cosmab, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Cosmab is higher than our stated price, we may at our discretion, either contact you for instructions before shipping or cancelling your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Pricing for items on Cosmab.com may be different from prices available on Cosmab mobile applications or other websites owned by Cosmab (pricing and availability remain subject to confirmation at checkout for mobile users). Verification of order and customer information may be required prior to the acceptance of any order. Cosmab is not obligated to fulfill any order and may refuse any order. Alternatively, Cosmab may accept the order and notify the Customer of an estimated time for shipment (in which case the order shall be deemed to remain open until delivery). Charges to Customer's credit card shall only be processed for collection when a shipment has been made. Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order. Expedited or Premium delivery, when available, is limited to certain types of products and may not be available to fragrance related products. Applicable Expedited or Premium shipping and handling fees will apply. Same day delivery, if available, is limited to geographic area. Applicable taxes and delivery fees will apply. The delivery fee does not include voluntary tip(s) or gratuity provided to the courier by the Customer. In the event of an authorized return of any goods sold from our Site (through a return made to our warehouse), Cosmab is not obligated to include a refund or credit of any shipping and handling charges or delivery charges or gift wrap charges except when the return is for defective product and Cosmab shall have the option to refund any amount owing to Customer by credit back to the charge card used for payment.
Risk of Loss
The risk of loss for and title to products purchased on our Site passes to the purchaser upon delivery to the carrier.
Online Community and Social Media
Any conduct by a person that in Cosmab’s sole discretion restricts or inhibits any other person from using or enjoying our Site is prohibited. Customer agree to use our Site only for lawful purposes and in accordance with that prohibition. Customer agrees that he or she will not post on the Site or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.
You may submit, post, or otherwise make available reviews, comments, feedback, suggestions, questions, photos, videos, and other content on or through our Site when available as long as your Comments do not contain any prohibited content that:
is threatening, defamatory, hateful, harassing, abusive, or obscene;
violates the right of privacy or right to publicity;
is false, deceptive, or otherwise misleading;
infringes any intellectual property right, such as patent, copyright, trademark, and/or trade secret;
contains any software virus or other malware;
includes any commercial or political solicitation;
violates any local, state, or federal law or regulation;
impersonates another person or entity;
includes any advertisement, pyramid scheme, or other "spam;" and/or
is otherwise objectionable or non-family-friendly as determined by Cosmab in its sole discretion.
Although Cosmab cannot monitor all posted comments by its Customers, Cosmab reserves the right (but not the obligation), in its sole discretion, to remove or edit any comment that appears on our Site for any reason and at any time without Customer’s consent. Nevertheless, you are solely responsible for any comments you submit, post, or otherwise make available on or through the Site, and you agree to indemnify Cosmab for all claims resulting from any such comments. Cosmab has no obligation (1) to maintain any Comment in confidence; (2) to pay any person any compensation for any Comment; or (3) to respond to any Comment.
Cosmab does not claim ownership of any Customer’s comment. However, you agree that Cosmab is free to use any comment for the purpose of providing you and others with the use of our Site, with associated products and services, and with Cosmab's (and its successors' and assigns)' business. You automatically grant Cosmab a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive, fully sublicensable right to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and display the comment throughout the world in any media now known or hereafter developed. You also grant Cosmab the right to use the name and any other identification information that you submit, post, or otherwise make available in connection with the comment.
You represent and warrant that:
you own or otherwise control all of the rights to any comment;
use of any comment supplied by you will not violate this Agreement; and the comment will not cause injury to any person or entity.
Cosmab takes no responsibility and assumes no liability for any comment or other content posted by you or any third party.
Cosmab respects the intellectual property of others. If you believe that your work has been copied on our Site in a way that constitutes copyright infringement, please follow the instructions below in our Notice and Procedure for Copyright Infringement Claims to contact us to report possible copyright infringement.
Notice and Procedure for Copyright Infringement Claims
Cosmab's policy is to respond promptly to claims of copyright infringement on our Site. If you believe that your work has been copied on our Site in a way that constitutes copyright infringement under United States copyright law, please submit a notification to Cosmab's Copyright Agent (listed below).
Please provide the following information in your notification:
The physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work(s) that you claim has been infringed;
A description of the location on our Site of the material that you claim to be infringing;
Your address, telephone number, and email address;
A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the information in your notification to Cosmab is accurate and that you are authorized to act on behalf of the copyright owner.
Cosmab's Copyright Agent can be reached as follows:
Cosmab Corp, Inc.
PO Box 81917
Las Vegas, NV 89180
This contact information is only for reporting claims of copyright infringement. Any other related matters should be sent directly to our Customer Service Department.
Upon receipt of a valid notification of alleged copyright infringement by a third party, Cosmab's policy is to remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to the material.
If a notice of copyright infringement has been filed against you, you may file a counter notification with Cosmab's Copyright Agent at the address listed above.
To be effective, a counter notification must be a written communication provided to Cosmab's Copyright Agent that includes the following:
Your physical or electronic signature;
A description of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed or access to it was disabled;
A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed or disabled;
Your name, address, telephone number, and email address; and
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notification is received by the Copyright Agent, Cosmab may send a copy of the counter notification to the original complaining party informing that person that it may replace the removed content or cease disabling it in 14 business days. Unless the copyright owner files an action seeking a court order against the alleged infringer, the removed content may be replaced, or access to it restored, in 14 business days after receipt of the counter notification, in Cosmab's sole discretion.
Termination of Usage
Cosmab may, without incurring any liability to the Customer, terminate access by such Customer, or suspend any Customer's access to some or all or part of our Site, without notice, for any conduct that Cosmab, in its sole discretion, believes is in violation of any applicable law or this Agreement, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider or Cosmab.
Third Party Websites
Our Site may also contain links to other sites on the Internet that are owned or operated by third party vendors and other third parties. Cosmab is not responsible for the availability of, or the content located on or through third party websites. If you have any questions or concerns with some or any content or links included in third party websites, you should contact the site administrator or webmaster for these third party websites.
Cosmab permits certain third-party links to the home page of our site, provided that Cosmab is provided with notice of such links and does not thereafter object to such links provided. No links or "deep links" are permitted to any page other than the cosmab.com home page without the prior written consent of Cosmab and Cosmab reserves the right to revoke unilaterally any consent that it may at any time give to any link, including links to the home page.
Mobile Service/Internet and Service Fees
The following section applies to users of Cosmab’s mobile Site and/or application when it becomes available to our Customer: The use of our mobile Site and application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to our mobile Site and/or application, including without limitation, administrative messages, service announcements, diagnostic data reports, and application updates, from Cosmab, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of our mobile Site and/or application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access our mobile Site and/or application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through our application. Our application may not work with all devices or all mobile carriers. Cosmab makes no representations that our application will be compatible with or provided by all mobile carriers. In the event that fees are charged for our application, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), to which you will be required to agree prior to your use of such services.
If any provision of this Agreement is found to be contrary to law, the remainder of that provision (if any) and the remaining provisions of this Agreement will remain in full force and effect.
The waiver of any breach or default of this Agreement shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party.
This Agreement shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between Cosmab and you, the Customer with respect to the subject matter hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by Customer shall be deemed rejected by Cosmab without need of further notice and shall not be part of this Agreement or in any way binding upon Cosmab.
Acceptance of This Agreement and of Amendments and Modifications Thereof
Use of our Site represents an acceptance by the Customer of all the terms of this Agreement without any exception. Use of our Site shall be governed solely by the terms of this Agreement, as the same may be amended from time to time, and the policies published by Cosmab on our Site, which shall be the entire agreement of the parties with regard to the use of our Site.
For any questions regarding the terms of this Agreement, you are invited to contact Cosmab as follows:
Cosmab Corp, Inc.
PO Box 81917
Las Vegas, NV 89180