Terms & Conditions
1. Technical Usage & Policy
2. Web solutions -Package terms
Payment for our website packages is structured as follows. Silver and Gold Website Packages-- Payment for Silver and Gold website packages must be 75% paid, prior to the commencement of work. After agreed project has been completed to customer’s initial brief then the remaining 25% of payment must be issued to Kosmic Shush Co. and any prolonged deviation in edits that are beyond the 5 day confirmation period may incur additional fees. 2.2. Platinum and Diamond Website Packages- Payment for Platinum and Diamond website packages is made over three stages:
Stage One: Prior to commencing work we must receive a 50% deposit for your website package.
Stage Two: Upon delivery of your home page website design and agreed page layout and menu system we will take a further 25% payment via your nominated payment method.Stage Three: Within 5-10 business days of receiving design approval for your website proposal we will supply you with your website on a temporary domain name, along with login details (provided we have received payment for Stage Two). We will have entered the content that you supplied to us and fully integrated functionality allowing web site to be activated after customer agreement period of 5-10 business days. If we have not received content for your website at the time of design approval(stage two), we will load dummy content onto your website. Five business days after we have sent you your website on its temporary domain we will charge you the Stage Three website payment of 25%, this is the final website payment for your package. If you haven't supplied your website content to us by the time of design approval, we will enter your content when it is supplied to us at a later date. The final 25% payment will not, under any circumstances, be delayed for failure by you to supply us with content. The payment may be only be delayed, if upon supplying you with your website on its temporary domain, there are material defects in what we supplied to you from what we have promised to you in our initial proposal, wireframes and/or design concepts. Once these material defects have been rectified, we will automatically process your Stage Three payment. Any material defect must be communicated to us, in writing, in the 5 business days between us delivering you your website and us taking the Stage Three payment.
3. Refund Policy on Web Site Packages
Prior to work commencing: You will be eligible for a complete refund of your 50% deposit if no work has commenced on your project from when we receive payment of your deposit, to when we receive notice in writing that you are cancelling your project and request a refund.
Once work has commenced: Once we have commenced work on your project no refund is available on the 50% deposit paid for your project. Work may include, but is not limited to; contact between yourself and an Account Manager and/or website designer from Kosmic Shush, the commencement of prototypes by Kosmic Shush Co.for your project, the commencement of design concepts by Kosmic Shush Co. for your project and other work undertaken by Kosmic Shush Co. in relation to your project.
Once design has been delivered: As per the payment structure agreed when commencing your project we take a Stage Two 25% payment of your website package upon delivery of a website design. Once this has been delivered and payment taken, no refund is available for the payments made to date. If you choose to discontinue your website build, you must notify us in writing at this stage. Should you cancel your website build at this stage you will have ownership of the wire-frame concept we have supplied to you, as well as the website design concept(s) (excluding stock images and other materials not owned by either party) that we have supplied.
Following site delivery: Following design approval we will supply you with your website on a temporary domain name, along with login details to the management system (provided we have received payment for Stage Two). At this stage, your website will contain the content you have supplied to us up to the point of design approval, should we not have received content from you, dummy content will be entered onto your website. A Stage Three, and final website charge of 25% is taken 5 business days after we have sent the details of the temporary domain name. If you elect to withdraw from your website project at this point, no refund will be made available to you. The Stage 3 payment can only be delayed if there are material defects in the site we provide to you, to what we have promised during the proposal, concepts and/or website design stages. Should such a defect occur, we have the right to take the Stage Three payments once the defect has been rectified.
4. The images on your websites
5. Our intellectual property
6. Website content
8. Promotional material
9. Non Payment of task fees
10. Response time
• All support issues requiring less than 2 hours work will be fixed within 24 hours of the support ticket being logged. If faster support is required then this will attract a surcharge of £75.00.
• Support issues requiring more than 2 hours work will be given a fixed time frame and will attract a surcharge £75.00 if needed much faster than suggested.
11. Web Site launch
• We make every effort to launch your site onto your domain name on the date you request when approving your website but we do not offer a guarantee. If we are not able to launch on the day requested we will inform you prior to the date and arrange an alternative launch date.
• Due to the reduction in staffing levels around Christmas and New Year we do not deliver or launch sites in the Christmas/New Year period.
12. Your privacy
13. Use of our email facility
14. Fair use policy
15. Our website
19. Disclaimer of warranties
Kosmic shush Co. does not give any warranty in respect of our services other than as is
implied by law.
If a clause or part of a clause through or via Kosmic Shush Co. and its affiliates is read
in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that
makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part
of a clause is illegal, unenforceable or invalid, that clause or part thereof is to be treated as
removed from this document, but the rest of this document is not affected.
21. Copyright & Trademarks
All projects developed, designed and produced in any way or form is in complete
ownership by KOSMIC SHUSH CO. Once full agreed payment or in kind has been made
to KS we then confirm relinquishing our legal ownership of said item to the respective
clients jurisdiction in which also takes all liability and legal responsibility of the respective
item given by KOSMIC SHUSH CO.
Karma Clothing & Gypsy Daiva Clothing are under exclusive licence of distribution by
Kosmic Shush Co. (address below). All content on this website including text, graphics,
logos, button icons, images and software is property of Kosmic Shush Co.and is
protected by international copyright laws.
All trademarks included on this website are the property of Kosmic Shush Co, unless
otherwise noted or stipulated via said properties’ own terms and conditions listed in
their direct accordance. Other brands sold or promoted via our site have ownership and
liability to their respective items automatically or if not displayed otherwise.
You may electronically copy pages from this website solely for personal, non-commercial
purposes related to ordering or shopping with KOSMICSHUSH.COM.
Any other use of this website, including reproduction and any internet links, is strictly
prohibited without prior written permission from KOSMICSHUSH.COM.
22. Print solutions-orders and shipping
We will only ship to the registered credit card billing address.
We are unable to ship to any other address.
Please allow 3 – 5 business days for order processing, you will receive an email
confirming dispatch of goods.
Please allow 3 – 7 working days for delivery. The signature of an adult will be required
upon delivery. We reserve the right to refuse orders for any reason without explanation.
23. Print solutions- Returns
If you are not fully happy with the products you have received you may return them to us
within 7 working days from the day after the day of receipt.
You will need to contact email@example.com before sending any returns.
We will only accept products returned in their original, resalable condition.
All items must be returned at your cost in their original packaging or if agreed mistakes
to be that of Kosmic Shush Co then relevant refunds will be established.
We will be unable to accept the return of any products that appear to have been
damaged or in any way differ from their original condition.
This does not affect and is in addition to your statutory rights as a consumer.
Once items have been accepted we will offer a refund or at your election an exchange,
or store credit. Please note that refunds or credits will not include the cost of the original
postage and packing.
Any returned products must be well packaged, as not to be damaged in transit.
Any returned products must be sent with a trackable, insured postal service at your cost
unless agreed otherwise.
KOSMICSHUSH.COM is unable to assume responsibility for any lost or damaged items.
Faulty items must be returned to us for inspection at your cost.
If found to have a genuine manufacturing defect, you will be offered an exchange, a
store credit or a refund provided that the faulty product is returned within 7 days of
receipt and that the fault has not been caused by natural wear and tear or improper use
or negligent handling.
24. Graphic Design- Deployment
The process we at Kosmic Shush deploy, begins with the completion of our online form
completing all appropriate fields, any other form of communication whether through email
or phone call to our staff is represented as a query and thus no obligation or liability do KS
have to the client upon replying or any delays this may incur to said parties.
Invoice and prompt, referring to all our terms and conditions shall be emailed to the client
once all parties have agreed to proceed with total clarity of said project.
All projects will incur the minimum of £20.00 flat rate in commencing project then 75% for
agreed concept to be produced, upon all parties in agreement to brief via email confirmation.
A number of alterations may be issued to said project in which is stipulated in the invoice the
amount that is agreed.
After the maximum of 10 working days the client has to decide and make any adjustments to
agreed concepts and only limited to those stated working days that a project shall be active
and no longer.
After 10 days or earlier of concept being sent to the respective party, it is mandatory that
the final 25% of remaining amount should be paid to KS. If said remaining amount is not
paid, the project will be automatically cancelled or incur further design and development
charges, unless ‘Force Majeure’ occurs or substantial written evidence of why payment will
25. Dispute Resolution
In the event that a dispute arises between the Kosmic Shush team and the Participants, the
affected parties shall attempt to resolve such dispute in the first instance by referring the
matter to their Chief Executive Officers, or nominated equivalent, who will meet to try and
negotiate a settlement in good faith. In the event that these Officers are unable to resolve the
matter to the satisfaction of all parties, the parties hereby agree to submit to arbitration by
the London Court of International Arbitration (“LCIA”), the decision of which shall be binding
on all of them.
The parties will, in good faith, attempt to resolve any dispute, claim or controversy arising
out of or relating to this Agreement by negotiation. Either party may initiate negotiations
by providing written notice in letter-form to the other party, setting forth the subject of the
dispute and the relief requested. The recipient of such notice will respond in writing within
five days with a statement of its position on, and recommended solution to, the dispute. If
the dispute is not resolved by this exchange of correspondence, then representatives of
each party with full settlement authority will meet at a mutually agreeable time and place
within ten days of the date of the initial notice in order to exchange relevant information
and perspectives, and attempt to resolve the dispute. If the dispute is not resolved by these
negotiations, the matter shall be submitted to mediation in accordance with, and subject to;
The governing and ruling bodies of England and the United Kingdom.
If the dispute or difference is not settled within 30 days of the submission to mediation and
provided such period is not extended by consent of the parties, it shall be and is hereby
submitted to arbitration in accordance with, and subject to; The governing and ruling bodies
of England and the United Kingdom. Rules for the Conduct of Commercial Arbitration.
Notwithstanding the existence of a dispute or difference each party shall continue to perform
This clause shall survive termination of this Agreement.
The Participants may not assign, transfer, sub-contract, or in any other way make over to
any third party any of its rights or obligations under this Agreement.
Failure to exercise, or any delay in exercising, any right or remedy provided under this
Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor
shall it preclude or restrict any further exercise of that or any other right or remedy.
This Agreement shall not create any partnership or joint venture, nor any relationship of
principal and agent, between the parties, nor authorise any party to make or enter into any
commitments for or on behalf of the other party.
This Agreement is made solely for the benefit of the parties to it and it is not intended to
benefit or be enforceable by any other person.
Persons in question that agrees with use of KS services and products via any portal
connected to KS, accepts no liability for any consequences, whether direct or indirect,
that may come about from the Participants undertaking the Project. This agreement and
any dispute or claim arising out of or in connection with it or its subject matter or formation
(including non-contractual disputes or claims) shall be governed by and construed in
accordance with the law of England.
27. Inevitable Occurrence or Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under
any Agreement which is due to an event beyond the control of such party including but
not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil
unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or
manmade eventuality outside of our control, which causes the termination of an agreement
or contract entered into, nor which could have been reasonably foreseen. Any Party affected
by such event shall forthwith inform the other Party of the same and shall use all reasonable
endeavours to comply with the terms and conditions of any Agreement contained herein.
This website is governed by the laws the United Kingdom. Any dispute arising from the use
of this website will be settled in this jurisdiction.
29. Contact Information
Hackney Downs Studios
London, United Kingdom