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Conditions of Use
General Conditions of Cosmoda B.V., establised in Assen (the Netherlands)
Version valid from 01-01-2009

General
1. These general condions are also applicable to all offers of Cosmoda B.V.. The conditions are accessible for everyone and included on the internetsites of Cosmoda B.V.. On request we will send you a copy.
2.By confirmation of an order you give to understand that you agree the terms of delivery and the terms of payment. Cosmoda B.V. takes the law into her own hands to change her terms of delivery and her terms of payment after the currency has expired.
3. Unless otherwise written agreed the general or specific conditions or bargain of third party are not acknowledged by Cosmoda B.V..
4. Cosmoda B.V. garantees that the delivered product answeres to the description and comes up to the expectations of the specifying offer.

Delivery
1. Delivery takes place subject to stock being available.
2. In connection with the rules of buying on distance Cosmoda B.V. will execute orders at at least within 30 days. If not possible(while the received order is not in stock or no longer available), or there is for some other reason a delay, or an order cannot be delivered or only in part then the comsumer receives within 1 month after ordering a message and in that case he has the right to cancel the order without any costs and notice of default.
3. To the duty of delivery of Cosmoda B.V. will be fulfilled, subject to the approval of counter-evidence, as soon as the delivered products by Cosmoda B.V. have been offered at one time to the buyer. If delivered from house-to-house the statement of the transporter, containing the refusal of acceptance, will be the fully voucher of offering the delivery.
4. All the mentioned terms on the internetsites are indication. Therefore there cannot be taken any rights to the mentioned terms.

Prices
1. The prices will not be raised within the currency of the offer, unless legal measures are making it necessary or if the manufacturer is raising the prices in the meantime.
2. All prices on the sites are with a proviso of typographical error. For the consequences of typographical error we will not accept responsibility.
3. All prices on the sites are in EURO’s and inclusive 19% BTW.

Terms on approval / revocable rights
1. When it comes to a sale of the consumer, in according to the law of selling at a distance (article 7:5 BW), the buyer has the right to return (a part of) the delivered goods within a period of 14 working days without reason. This term begins at the moment the ordered things are delivered. When the buyer has not returned the ordered things to Cosmoda B.V. after this term, the sale is a fact. Before returning the goods, the buyer is obliged to mention it in writing to Cosmoda B.V., within the term of 14 working days after delivery. The buyer has to proof that the delivered goods have been returned in time, for example through a voucher of the post office. The returm of goods has to be done in the original packaging (inclusive accessories and accessory documentation) and in a new condition. If the goods have been used through the buyer, burdened or have been damaged somehow or other, the right of dissolve is expired in the sense of this term. Having regard to that what is stated in the former sentence, Cosmoda B.V. will take care of that within 30 days after receiving the returning in good order, the full purchase price excluding the calculated costs of sending will be paid back to the buyer. The returning of the delivered goods will be for full account and risk of the buyer.
2. The right of dissolve, as written in the former term, only refers to the delivered goods and will not refer on services as telephone subsriptions of the by Cosmoda B.V. offered (mobile)networkoperators. On the latest mentioned services, by which Cosmoda B.V. only appears as an intermediary or agent, the general conditions of the mentioned networkoperators apply.
3. The right of recall does not count for:
  - services of which the execution, with approval of the consumer, have begun before the term of seven working days
  - goods or services of which the price is committed to fluctuations on the financial market, on which the supplier does not have any influence
  - goods that have been manufactured according to specifications of the consumer, for example measuring ,or having a clear personal character
  - for goods or services that cannot be returned because of the disposition, for example because of hygiene or because of disordering or become out of date. Our clothes always have to be fit with own underwear
  - audio- and video-records and computer software of which the sealing up has been broken by the consumer
  - the delivery of papers and magazines; for the services of wager and lottery

Data administration
1. When you place an order with Cosmoda B.V., then your data will be admitted to the regular customers of Cosmoda B.V.. Cosmoda B.V. will sustain the Law Identity Registration and will not give information to third parts. Look at our Privacy Policy.
2. Cosmoda B.V. does respect the privacy of users of our internetsites and will take care of a confidential treatment of your identity registrations.
3. In some cases Cosmoda B.V. will make a mailinglist. Every mailing concerns instructions to remove youself of this list.

Guarantee
1. Cosmoda B.V. guarantees that the delivered products fulfil the requirements of utility, reliability and lifetime as reasonnably mentioned in the agreement of sale by parties, and therefore will guarantee the manufacturing of the delivered product.
2. The term of guarantee of Cosmoda B.V. is corresponding to the term of guarantee of manufacturing. However Cosmoda B.V. will never accept responsibility for the ultimate capability of things by each individual application of the buyer, or for any further advise regarding to the use or to the application of things.
3. After receipt the buyer is obliged to check the delivered things immediately. If it will appears that the delivered things are wrong, faulty or incomplete, then the buyer is obliged to mention it written to Cosmoda B.V. immediately. (before returning things to Cosmoda B.V.) Potential defects or wrongly delivered goods have to be mentioned written to Cosmoda B.V. within 2 months after delivery. When you return things it has to take place in the original packaging (inclusive accessories and accessory documentation) and in a new condition. Using after statement of fault, damage caused after statement of fault, raising objections and/or selling to third after statement of fault, this right to claim and to return falls into decay.
4. If the complaints of the buyer have been well-grounded by Cosmoda B.V., Cosmoda B.V. will replace the delivered goods for free by selection of Cosmoda B.V. or make a written arrangement with the buyer for compensation of damage, on the understanding that responsibility of Cosmoda B.V. and provided the amount of the damage compensation is always restricted to at most the amount of the invoice for the concerning goods, or to a maximum relating to the matter in question by the responsibility insurance amount be secured of Sexy Store. Every responsibility of Cosmoda B.V. is quite impossible for any other form of damage, inwhich is also included supplementary compensation of damage in any form, compensation of indirect damage or result damage or damage owing to lossed profit.
5. Cosmoda B.V. is not responsible for damage caused by intention or simular conscious recklessness of not-guiding personal.
6. These guarantee is not in force if: A) and as long as the buyer fail towards Cosmoda B.V.; B) the buyer has repaired and/or worked up the delivered goods by himself or has let repair/or worked up by third. C) the delivered goods have been exposed to abnormal circumstances or otherwise have been treated uncarefulness or contrary to the indications of Cosmoda B.V. and/or directions for use on the packaging; D) the whole or partial faulty is due to instructions established by the Government or will be established regarding to the character or the quality of the applied materials;

Offers
1. Offers will be without engagement, unless it is mentioned otherwise in the offer.
2. Acceptance of an offer without engagement by the buyer, Cosmoda B.V. has a right to recall the offer within the term of 3 work days after receipt of that acceptance or to deviate it.
3. Verbal promises are only attached by Cosmoda B.V. after confirming these explicitly and in writing.
4. Offers of Cosmoda B.V. are not automaticly in force for a repeat order.
5. Cosmoda B.V. cannot be bound to her offer if the buyer should be fit to understand that the offer, or a part of it, obvious contained a mistake or a mistake in writing.
6. Supplement, modify and/or further agreements come only into force, if agreed in written.

Agreement
1. An agreement between Cosmoda B.V. and a customer is effected after realizable judgement of the order by Cosmoda B.V..
2. Cosmoda B.V. has the right to renounce the order or instructions without reason or to accept only on condition that the sending will occur cash on delivery or after prepayment.

Pictures and specifications
1. All pictures; photographs ’s, drawings and so on; for example subjects of weight, measurement, colours, pictures of labels, and so on on the internetsites of Cosmoda B.V.. be in force approximately, are indicative and will not be in pursuance of compensation of damage or untie the agreement. All photographs ’s and pictures are protected by means of copyright. None of them may be used outside the sites of Cosmoda B.V.

Superior power
1. Cosmoda B.V. is not responsible, if and as far as is known she cannot fulfil her engagements as a result of superior power.
2. By superior power we understand every strange cause, and also every circumstance, which should not be for her risk reasonableness. Delay or non-fulfilment by our ancillary suppliers, interruptions on the internet, interruptions in electricity, interruptions in e-mail traffic and interruptions or changes in technology delivered by third person, transport difficulties, cessation of work, measures taken by the Government, delay in supply, negligence of suppliers and/or manufacturers of Cosmoda B.V. and also assistance persons, illness of personal, shortage in resources or transport resources apply to superior power explicitly.
3. In case of superior power Cosmoda B.V. has the right to postpone her commitments and has also the right to untie the whole agreement or in part, or to claim that the contents of the agreement will be changed in such a manner that execution remains possible. In not any case Cosmoda B.V. is bound to pay any fine or damage compensation.
4. In case of superior power when Cosmoda B.V. has already fulfilled her obligations in part, or only can fulfil her obligations partly she has the right to invoice the already delivered goods or to invoice the deliverable part separately and the buyer is bounded to to pay these invoice as if it was a separately contract. This does not apply to the already delivered goods or deliverable part when it has no independent value.

Responsibility
1. Cosmoda B.V. is not responsible for damage caused to vehicles or other objects created by wrongly use of the products. Do read before use the instructions on the packaging and/or consult our websites.

Reservation of Ownership
1. Ownership of all sold and delivered goods to the buyer by Cosmoda B.V. remains by Cosmoda B.V. as long as the buyer has not payed the claims of Cosmoda B.V. on account of the agreement or former or later similar agreements, as long as the buyer has not payed done activities or still to do activities of these or similar agreements and as long as the buyer has not payed the claims of Cosmoda B.V. due to shortage in fulfilment of such engagements , under which is included claims of fines, interest and costs, the things mentioned as in article 3:92 BW.
2. The delivered goods by Cosmoda B.V. which belong to the ownership-statement may only be reselled within the framework of a normal carry on trade and never be used as a legal currency.
3. The buyer is not entitled to pawn the goods belonging to the ownership-statement or to make difficulties in any other way.
4. The buyer gives already now the permission to Cosmoda B.V. unconditional and unrevocable or by a through Cosmoda B.V. to appoint third, to carry on the ownership rights of Cosmoda B.V. in all cases, to enter all those places wherever her ownerships will be found and to take away those business.
5. If third party will levy a distress upon the delivered goods accepted among ownership-reservations or to establish or to obtain rights on it, the buyer is obliged to inform Cosmoda B.V. as soon as possible expected in a reasonable way.
6. The buyer is obliged to insure and to keep insured the deliverd goods accepted among ownership-reservations against fire, explosion- and water damage and also against robbery and to open to inspection by special request of Cosmoda B.V. the insurance policy.

Applicable right/competent judge
1. On all agreements the Duth right is applicable.
2. From differences, resulting from an agreement between Cosmoda B.V. and buyer, which cannot be solved in consultation with themselves, the competent judge will take notice within the county court of Assen, unless Cosmoda B.V. prefers to submit the difference to the competent judge of the domicile of the buyer, and with exception of these differences belonging to the competence of the justice of the peace.

Attachments
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