Your details
- When you register with the Cosmic Frog website (Website), you will be required to choose a contact email address and password. You are responsible for all sessions and transactions made using these details. You should keep your password safe and not disclose it to anyone. You should change it immediately if you feel it has been compromised.
- Please see our Privacy Policy and our Cookies Notice to understand how we collect and process your personal information through the Website and services.
The contract between us
- Any contract for purchases made through the Website will be with Cosmic Frog Ltd (company registration number 13378828) whose registered office is situated at 65 Aster Way, CB4 2XR Cambridge .
- Cosmic Frog must receive payment of the whole of the price for the goods that you order before your order can be processed. Payment of the advertised price will be taken at the point of order. Charging your payment method does not mean that an order has been accepted by The Cosmic Frog. Once payment has been processed, Cosmic Frog will confirm that your order has been received by sending an email to you at the email address you provide. The email will include your name, the order number and the total price charged. Cosmic Frog acceptance of your order (which will happen when Cosmic Frog dispatches your order) brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.
- Cosmic Frog will not process any orders in the case of errors or inaccuracies regarding the goods (including the advertised price of the goods) appearing on our Website. If an error or inaccuracy is discovered with regards to the advertised price of the goods that you have ordered, we will contact you as soon as possible by email and reserve the right to cancel your order.
- You must not use this Website: (i) in a way that causes, or is likely to cause, the Website or any Cosmic Frog service to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity. We reserve the right to cancel any order, terminate any Cosmic Frog account or refuse any Cosmic Frog service if your behaviour gives us a justified reason to do so. This will in particular be the case if you are in breach of applicable laws, applicable contractual provisions, our guidelines or our policies, which are all accessible on this Website, or if you engage in fraudulent activities or behaviour.
- We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18 you may use the Cosmic Frog website only with the involvement of a parent or guardian.
Your right of cancellation
- If you are an individual and are not buying goods on behalf of a business, you can cancel your order without giving any reason within 14 days from the day on which you receive your items (or the last item if they were shipped separately). You must notify us of your cancellation. You can notify us through our online contact form or by email to support@cosmicfrog.co.uk
- You will be responsible for the cost of returning the item to us, unless we delivered it to you in error or it is faulty. You must send the item back to us no later than 14 days from the day on which you notified us of your cancellation, by following the instructions we send you.
- We will refund the price of the item no later than 14 days from the day on which we receive the item back from you or, if earlier, the day on which you provide evidence reasonably acceptable to us that you have sent the item back. We’ll refund the same means of payment as you used to make your purchase.
Availability of goods you order
If Cosmic Frog has insufficient stock to deliver the goods ordered by you, we will notify you as soon as possible and any sum debited by Cosmic Frog from your payment method will be credited to your account and Cosmic Frog will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. Cosmic Frog will not be obliged to offer any additional compensation or to supply the goods in this situation. We update our Website as quickly as we can to minimise disappointment. The process of updating the Website when goods have sold out at promotional price may take a few hours. Please note that the price the goods are offered for are as displayed in your online basket, but that is subject to the rest of these terms.
Delivery of goods to you
Cosmic Frog will post, or arrange a courier on your behalf, for the goods ordered by you to the person and address you give Cosmic Frog at the time you make your order. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of dispatch of the order. All delivery times quoted on the Website are estimates only, based on availability, normal processing and delivery companies. You will become the owner of the goods you have ordered when the goods are dispatched to you.
Value Added Tax (VAT)
All prices displayed on the Website are inclusive of any applicable local sales tax, VAT and similar taxes which Cosmic Frog may be required to charge. Your final price may be different depending upon the tax that applies to your delivery location.
When ordering from Cosmic Frog, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
When ordering goods from Cosmic Frog for delivery into the EU or Northern Ireland either local VAT or import duties and taxes may be due. Where import duties and taxes are due, these are your responsibility. You agree that these import duties and taxes will be included in the final price paid at checkout and that Cosmic Frog will arrange for our carriers to make payment of applicable import duties and taxes at the customs border on your behalf.
When ordering goods from Cosmic Frog for delivery to some other overseas destinations, your package may be subject to import duties and taxes that are levied once the package reaches your country. Any additional charges for customs clearance, including applicable import duties and taxes, must be borne by you; we have no control over these charges and cannot predict what they may be.
Customs policies vary widely from country to country, so you should contact your local customs office for further information.
Power of Attorney:
You authorise Cosmic Frog Ltd to designate a carrier (“Designated Carrier”) to act, as is appropriate depending on the applicable customs procedure, as your direct or indirect representative/agent, before the relevant customs and tax authorities in the destination country, for the purpose of clearing for importing merchandise as well as processing and remitting customs duties and any other tax levied at the time of importation.
Liability
This is as follows:
- If the goods Cosmic Frog delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Cosmic Frog shall have no liability to you unless you notify Cosmic Frog in writing at Cosmic Frog contact address of the problem within ten working days of the delivery of goods in question.
- If you do not receive goods ordered by you within 30 days of the date on which they were dispatched to you, Cosmic Frog shall have no liability to you unless you notify Cosmic Frog in writing at Cosmic Frog contact address of the problem within 40 days of the date on which the goods were dispatched to you.
- If you notify a problem to Cosmic Frog under this condition, Cosmic Frog only obligation will be, at its option, to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question to the original method of payment, unless such method is no longer valid in which case Cosmic Frog e-coupons will be issued to the value of the refund due.
- Cosmic Frog will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to Cosmic Frog under this condition and Cosmic Frog shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraph (3) above.
- Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit Cosmic Frog liability to you for any death or personal injury resulting from its negligence.
Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract.
Force Majeure
Cosmic Frog shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
Invalidity
If any part of these conditions is unenforceable (including any provision in which Cosmic Frog excludes its liability to you) the enforceability of any other part of these conditions will not be affected.
Governing Law
The contract between us shall be governed by and interpreted in accordance with English law. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. We both agree to submit to the non-exclusive jurisdiction of the English courts, which means that you may bring a claim to enforce your consumer protection rights in connection with these Terms and Conditions in England or in the EU country in which you live. If you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please email us at support@cosmicfrog.co.uk.
Entire Agreement
These terms and conditions, together with the current Website prices, delivery details and Cosmic Frog contact details, set out the whole of our agreement relating to the supply of the goods to you by Cosmic Frog. In particular nothing said by any sales person on behalf of Cosmic Frog should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by Cosmic Frog. Cosmic Frog shall have no liability for any such representation being untrue or misleading, save that nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us.
Disclaimer
The nature of Internet communications means that your communications may be susceptible to data corruption, interception and delays. Cosmic Frog shall not be responsible for any detrimental reliance you place on this Website or its contents.
Cosmic Frog is providing this Website and its contents (including any downloadable data or software) on an ‘as is’ basis and makes no representations or warranties of any kind with respect to this Website or its contents and disclaims all such representations and warranties, whether express or implied, to the fullest extent permitted by applicable law. In addition, Cosmic Frogy makes no representations or warranties about the accuracy, completeness or suitability for any particular purpose of the information and related graphics published in this Website or that any software or the server that makes it available are free of viruses or other harmful components. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of Cosmic Frog howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by applicable law.
Neither Cosmic Frog nor any of its Directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Website in any way. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Hyperlinks
Our Website may contain hyperlinks. These hyperlinks connect you to websites of other organisations, which are not our responsibility. We have used our reasonable endeavours in preparing our own Website and the information included in it is done so in good faith. However, we have no control over any of the information you can access via other websites. Therefore, no mention of any organisation, company or individual to which our Website is linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of Cosmic Frog.
Copyright notice
All design, text, graphics and the selection or arrangement thereof are the copyright of Cosmic Frog, or of other copyright owners. Permission is granted to electronically copy and print in hard copy portions of this Website for the sole purpose of placing an order with Cosmic Frog, or using this Website as a shopping resource. Any other use of materials on this Website (including reproduction for purposes other than those noted above and modification, distribution, or republication) without the prior written permission of Cosmic Frog is strictly prohibited.
Trade marks
All trademarks, product names and company names or logos used in this Website are the property of their respective owners. No permission is given by Cosmic Frog in respect of the use of its or any such other trademarks, product names, titles or logos and such use may constitute an infringement of the holder’s rights.
Interpretation
In these terms and conditions:-
‘Cosmic Frog’ means Cosmic Frog Ltd, 65 Aster Way, CB4 2XR Cambridge, any connected organisation that actually supplies goods ordered by you and any successor to its business;
‘working day’ means every day of a calendar year apart from weekends and statutory and public holidays;
‘us’ means Cosmic Frog and you together; and
‘you’ and ‘your’ means the person ordering goods under these terms and conditions.