Please read through our Terms and Conditions, we ask that you do not use our website
or service until you have familiarised yourself with them. If you are using or have used our
service it is understood that you have agreed to the terms set forth on this page.
When we say “We” “KOSMICSHUSH.COM” “Kosmic Shush” “Kosmic Shush
Co” “KS”, “US” and “our service” we are referring to KOSMIC SHUSH CO and its respective
products and services. References to “you” “your” “customer” “client” and the like, refer to
you, and your agents. These Terms and Conditions can change at any time. It is important
that you check back here regularly. Your continued use of this website implies acceptance of
any subsequent revisions.
Kosmic Shush’s liability is limited to the amount paid by the customer to Kosmic Shush for
1. Technical Usage & Policy
We use IP addresses to analyse trends, administer the site, track user’s movement, and
gather broad demographic information for aggregate use. IP addresses are not linked to
personally identifiable information. Additionally, for systems administration, detecting usage
patterns and troubleshooting purposes, our web servers automatically log standard access
information including browser type, access times/open mail, URL requested, and referral
URL. This information is not shared with third parties and is used only within this Company
on a need-to-know basis. Any individually identifiable information related to this data will
never be used in any way different to that stated above without your explicit permission.
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 aditional fees.
Customer approval and edits will be consistently and systematically working closely with our
I.T department, allowing deadlines to be met. 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.
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
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
3. Refund Policy on Website 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 wireframe
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
If we use stock imagery on your website you do not own these images, ownership is retained
by the image rights owner. Such images can therefore not be used or re-used for any other
purpose and can only be used as they were placed onto your website by us. Any editing of
the dimensions in which they appear may contravene their usage rights. Do not copy the
images and use them in other promotional materials. If you are looking to own the images on
your website or use them for another purpose then please contact us and we will endeavour
to put you in contact with the image rights owner. This of course, does not apply to images
that you own and provide to us for use on your website.
5. Our intellectual property
The system that runs your website remains the property of Kosmic Shush Co. at all times.
The coding, programming and intellectual property that creates your website is owned by
Kosmic Shush Co. In purchasing a website package with us you own the style, design and
graphic design of the website. You also own all of the content that you place onto your
website. The content, style and design on your website will be made available to you if you
elect to leave Kosmic Shush Co.
6. Website content
Websites from KOSMICSHUSH.COM cannot be used to disseminate, communicate, store
• content sexually-explicit in nature;
• information that contains virus’, worms or malicious elements;
• Copyright infringing data;
• trade secret protected data;
• data that infringes on any intellectual property, publicity rights or privacy rights;
• is defamatory, harassing or threatening;
• relates to illegal business operations or schemes;
• contains deliberately misleading, incomplete or deceptive content; or
• is deemed inappropriate by Kosmic Shush Co.
As part of your website build and ongoing hosting, Kosmic Shush Co. has the right to include
back-links from your website to KOSMICSHUSH.COM. This is an important marketing
avenue for us and is factored into your website cost. If you do not want the back-link on your
website we may be able to negotiate a fee for the removal of the links.
8. Promotional material
Kosmic shush Co. reserves the right to use client websites, web designs, layouts, prototypes
and collateral in advertising and / or marketing initiatives. This may include portfolio
examples on our website, case studies and other promotional initiatives.
9. Non Payment of task fees
If task fees become overdue by more than 30 days we will put your website account on hold
until all outstanding fees are collected. This will include any email addresses we provide.
If task fees become overdue by more than 60 days we will send your account to a debt
collection agency. You will then be liable for any fees incurred in the recouping of the fees
charged by the agency.
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 timeframe and
will attract a surcharge £75.00 if needed much faster than suggested.
11. 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
Your privacy is important to us. We dislike SPAM as well. We will never sell, lease or
distribute your contact details to any 3rd party. We will only reveal data pertaining to your
account if compelled to do so by law.
13. Use of our email facility
If you choose to use our email newsletter facility you must abide by the relevant electronic
messaging laws of all relevant jurisdictions. Do not use the email facility for the purpose of
spam. Only send emails to addresses that have requested to receive information from you.
We will not be responsible for the emails and any electronic correspondence sent from our
system by you. We will fully co-operate with relevant legal authorities requiring information
about the efforts of spammers.
14. Fair use policy
We employ a fair use policy to our websites. If we believe, for any reason, that you are not
behaving in a manner expected of a Kosmic Shush customer then we reserve the right to
terminate your account – effective immediately.
15. Our website
You may display our website KOSMICSHUSH.COM on an internet access device, and
occasionally, and only in circumstances that constitute “fair use” under applicable copyright
law, print copies of insubstantial portions of our website. You may not modify our website, or
any portion of it, except with the express written consent of Kosmic Shush Co.
We at Kosmic Shush make efforts to ensure that our website, maintenance and
management services are online 24×7 every day of the year. However, this will not always
be the case. There are times when our website will be down, sometimes for things that we
can’t control and others that we can. When our service is offline we will do our best to get
it online as soon as possible. We will not be held responsible for damage, events or losses
directly or indirectly related to our website being offline. If you have specific hosting needs,
or expect a large volume of users to visit your website in a short space of time, e.g. viral
marketing campaigns, mass media exposure etc then please contact us well in advance.
Your website must be hosted on our servers for the duration of your contact with us. Given
the nature of our Content Management System (CMS) / Our back end management area,
we cannot build or support your website unless it is hosted by us efficiently.
We will not be held liable for any action or inaction relating to our service. We offer a quality
service at highly competitive rates. We believe that our system is highly secure from the
actions of hackers, viruses and other problems on the internet but can make no guarantees.
It is up to you to back-up and ensure the integrity of your data offline. If your website is
offline then please contact us and we will try to fix the problem as soon as possible. We will
not be liable for loss of sales, leads or reputation from using our service.
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 firstname.lastname@example.org 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
Studio 120, Hackney Downs Studios
London, United Kingdom