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1 Word Definitions

You, the Customer are a person or company buying Products from us.

COSMAS Organics (us, our/s) the Product vendor as identified on your invoice and other documentation. 

COSMAS Organics branded products are products that are listed on our price list under our label and distributed directly by us. 

Product as described in Order Confirmation, may include COSMAS Organics branded products and 3rd Party Products.

3rd Party Products are all goods that are not COSMAS Organics Products, but occur on the pricelist.

Order Confirmation our formal acknowledgement of Product ordered by you, sent by COSMAS Organics

Price stated in Order Confirmation.

This Agreement applies to this sale and all statements made by COSMAS Organics in brochures, price lists, adverts, quotations, on the internet, email or verbally. Any differences to this Agreement must be confirmed by COSMAS Organics in writing. Any other Terms and Conditions are excluded. Placing your order with COSMAS Organics means acceptance of this Agreement. This Agreement does not apply to Product purchases from a reseller or distributor. This is not a reseller or distribution agreement.

Product prices, tax and shipment are as shown on your invoice.  Changes to exchange rates, duties, freight and stock purchase costs may cause COSMAS Organics to adjust prices accordingly.  Payment must be made before supply, within 14 days of the invoice date without further communication from COSMAS Organics.  COSMAS Organics will deliver on full payment for that order.  Payment timing is important.   Cheques may only be accepted conditionally.

The quotations and price lists, both electronic and printed, constitute an offer to treat and not an offer for sale.  Quotations are only valid if done in writing and during the period that they state. If unstated, the period is 10 days (incl. 3rd Party Products).  Orders may be received by email, writing, internet, telephone or fax but are only binding when accepted by COSMAS Organics in a written or Email Order Confirmation.  Please check the Order Confirmation and notify COSMAS Organics of any mistake by your chosen method of communication, backed up by in writing, fax or email immediately or the details stated in the Order Confirmation will apply to this Agreement.  COSMAS Organics reserves the right to change Products (incl. 3rd Party Products) at any time, but COSMAS Organics guarantees to offer you an equivalent product or your money returned.

The delivery period in the Order Confirmation is approximate.  Delivery by instalments may be made.  The place of delivery is stated in the Order Confirmation.  Title to Product passes on full payment.  If you refuse delivery without COSMAS Organics agreement, you must pay Organic Supplies Ltd’s expenses or loss resulting from that refusal, including storage costs, until you accept delivery.  Risk of the loss of the goods passes to you on delivery.

COSMAS Organics is not liable for delays (incl. delivery) caused by circumstances beyond its reasonable control and will be entitled to a time extension under these circumstances; examples include strikes, terrorist acts, war, supplier transport and/or production problems, exchange fluctuations, governmental or regulatory action and natural disasters.  If this lasts more than one month, this Agreement may be terminated by either party without compensation.

When you receive the Product you must inspect it for any defects or non-conformity within seven days.  After this period, you will have accepted the Product.   If COSMAS Organics agrees to the return of the Product, it must be returned with packaging, and a return note, and the return costs may be payable by you.

You acknowledge that the Product may be subject to EU export control laws and laws of the country where it is delivered or used, you must abide by all these laws.

COSMAS Organics accepts liability for any private property loss or damage, death or personal injury caused by the negligence or deliberate misconduct of COSMAS Organics employees.  Except for death/personal injury, this liability is limited to the lesser of £500 or Price COSMAS Organics does not accept liability for
- indirect or consequential loss.

- loss of business profits, salary, revenue, savings.

- damage remedied by COSMAS Organics within reasonable time.

- loss avoidable by you through reasonable conduct, including consulting a medical practitioner or veterinary surgeon as applicable and following COSMAS Organics reasonable advice generally.

- all items excluded from the Warranty or by Force Majeure.

COSMAS Organics may terminate this Agreement with immediate written notice if you: 1) fail to pay in full on time, 2) breach or COSMAS Organics suspects you have breached export control laws.  Either party may terminate if the other: 1) commits a material or persistent breach of this Agreement and fails to remedy this within 30 days of written notice from the other; or 2) becomes insolvent or is unable to pay debts as they fall due.

You are responsible for:

- Your own choice of Product and its suitability for purpose.

- Your service provider, telephone & postal charges in contacting COSMAS Organics, if any;

You must provide COSMAS Organics with all reasonable courtesy, information and cooperation to enable COSMAS Organics to perform its service, failing which COSMAS Organics shall not be obliged to perform any service or assistance.  You are responsible for the all of your legal and regulatory requirements.

If you are a Consumer you may cancel your purchase at any time within seven working days of receipt without cause and receive a refund of the Price paid.  To do this you must inform COSMAS Organics in writing and return the products immediately, as described in Point 7. Acceptance.  Any statutory Consumer rights are unaffected by this Agreement.  This does not apply to any business customer.

English law and the exclusive court jurisdiction of the English courts will apply to this Agreement and the Vienna Convention on Contracts for the International Sale of Goods is excluded.

Each party must treat all information received from the other marked "confidential" or reasonably obvious to be confidential as it would treat its own confidential information.

If any part of the Agreement is found to be invalid or unenforceable by a court, the rest is unaffected.  COSMAS Organics may subcontract, assign or transfer its obligations or rights to a competent third party whether in whole or in part.  You, the customer may not assign or transfer any of your obligations.  All notices must be in writing (by hand, email, fax or 1st class post considered delivered 48 hours after posting) and sent to a legal officer of either party.
You can find all current COSMAS Organics policies, Product Offering details and notices via www.cosmasorganics.co.uk.  Those in place at the date of this Agreement apply to this Agreement