General Terms and Conditions

1. Definitions of Parties and Conditions

In these General Terms and Conditions, the following definitions apply:

‘Cosmos’: Sole proprietorship operated by Nintya Vanhove, with its registered office at Dodoensstraat 15, 2060 Borgerhout, registered under company number 1013157476.
Also, ‘Cosmos’: Sole proprietorship operated by Lune Horemans, with its registered office at Bikschotelaan 157, 2600 Antwerp, registered under company number 1013166384.

‘Buyer’: Any natural person (B2C) or legal entity (B2B) who is or will be in a contractual relationship of any kind with Cosmos.

‘Consumer’: Any natural person acting as Buyer for purposes outside of their trade, business, craft, or profession.

‘Products’: The object and/or service of one or more purchase agreements.

‘Sales Agreement’: Any agreement under which the trader undertakes to transfer ownership of goods and/or deliver a service to the Buyer, who in turn undertakes to pay the agreed price.

These Terms and Conditions apply to all current and future Sales Agreements between Cosmos and the Buyer. By using our website, you, as the Buyer, accept these Terms and Conditions, along with all other rights and obligations mentioned on the website.

These Terms and Conditions are always exclusively applicable, except in the case of explicit deviation. Such deviation is only valid if it results from mutual agreement explicitly recorded in writing. Deviations only apply as replacements or additions to the provisions they refer to; all other provisions remain fully applicable.

Cosmos reserves the right to amend or supplement these Terms and Conditions at any time for future orders. Changes do not affect existing orders or agreements.

Cosmos can be contacted via http://www.cosmosantwerpen.be/.

2. Formation of the Agreement

Cosmos takes the utmost care in providing online information regarding the characteristics of the products, including technical descriptions based on data from partners and suppliers, and product images, within the technical limits and according to market standards. Certain non-essential characteristics of a product may differ upon delivery from the product photos or descriptions on the website.

An agreement is formed when an order confirmation is handed to the Buyer or, in the case of an online order, sent via email to the address provided by the Buyer. Cosmos and the Buyer expressly agree that the use of electronic forms of communication constitutes a valid agreement. The absence of an ordinary, digital, or qualified electronic signature does not affect the binding nature of the agreement. Electronic records of Cosmos, to the extent permitted by law, constitute presumptive evidence.

3. Pricing

All prices are expressed in euros and include VAT and other taxes. For legal entities acting as Buyers, prices may be displayed excluding VAT and other taxes. Special offers are valid only while supplies last. The Buyer owes the price communicated by Cosmos in its confirmation in accordance with Article 2 of these Terms. Apparent or obvious errors, such as clear inaccuracies in pricing, may be corrected by Cosmos even after the conclusion of the agreement.

Product prices displayed on the website do not include additional costs, such as shipping. Shipping costs are borne by the Buyer and will be shown during checkout. Prices may change at any time, but we commit to applying the rates listed on the website at the time of your order.

4. Payment Terms

Buyers may pay via Bancontact, Maestro, Visa, MasterCard, PayPal, or bank transfer.

Invoices must be paid no later than 30 days after the invoice date. Any unpaid invoice shall, by operation of law and without notice of default, accrue interest at a rate of 12% per annum from the due date. If unpaid 10 days after a registered notice of default, the debt will be increased by 10% of the invoice amount as a fixed compensation for costs other than interest and legal expenses.

Invoices are issued upon request for legal entities (B2B) only. Consumers are expressly excluded from requesting invoices.

Cosmos may suspend its delivery obligations until full payment is received. Cosmos retains ownership of all ordered products until full payment of all amounts due under the agreement, even if delivery has already taken place.

5. Delivery

Orders are processed promptly. The statutory maximum delivery term is thirty (30) days after receipt of the order, except for bank transfer payments, where the delivery term is 30 days after payment is received. Deliveries are made to the address provided by the Buyer during the order process. Once the products have been delivered to the indicated delivery address, the risk transfers to the Buyer.

If a product is out of stock, we will notify you within fifteen days of your order with an estimated delivery time.

Cosmos will make every effort to meet delivery times but cannot be held liable for delays or losses caused by third parties, unforeseen circumstances, or force majeure. If delivery is delayed, an investigation will be launched with the courier, which may take several days. During this period, no refunds or replacements will be processed.

6. Complaints and Defects

The Buyer must inspect the products upon receipt.

Any visible defects or complaints regarding the delivery must be reported to Cosmos in writing within seven (7) days of delivery (or within seven (7) days of the invoice date if the products could not be delivered). Failure to do so implies acceptance of the delivery. We recommend sending returns by registered mail and insuring the package for its market value in case of theft or loss. Return shipping costs are borne by the Buyer.

Products may not be returned without prior notification or valid reason. Unauthorized returns will be stored or returned at the Buyer's expense and risk.

7. Right of Withdrawal

Under Article VI.47 of the Belgian Code of Economic Law, Consumers have the right to withdraw from the purchase within 14 calendar days without penalty or providing a reason.

The Consumer must exercise this right clearly, unambiguously, and in writing. The Consumer must provide the following details to Cosmos:

- The dates of the order, receipt, and withdrawal;
- The Consumer’s name and address;
- The Consumer’s signature.

Returned products must be shipped within 14 calendar days of the withdrawal notification, at the Consumer’s expense and risk, unless the product is non-compliant. Returns require a return authorization (RMA number) requested via cosmos.antwerpen@gmail.com.

Upon valid withdrawal, Cosmos will refund the Consumer within seven (7) business days using a commonly accepted international payment method. Unlawful returns will be sent back to the Consumer at their own expense and risk. If the product’s value is diminished due to use beyond what is necessary to determine its nature, characteristics, or functionality, Cosmos reserves the right to claim compensation for the depreciation.

8. Warranty

Products supplied by Cosmos benefit from the statutory warranty provisions. Defects must be reported in writing within seven (7) days of delivery. Any compensation is limited to the invoiced amount. Normal wear and tear, accidental or intentional modifications, failure to provide proof of purchase, or negligence are expressly excluded from warranty.

External URLs on the website are visited entirely at the Buyer’s own risk.

9. Force Majeure

Cosmos is not obliged to fulfill obligations in the event of force majeure. Obligations may be suspended for the duration of the force majeure event.

Force majeure refers to any circumstance beyond the control of Cosmos that wholly or partially prevents fulfillment of obligations.

10. Intellectual Property

All intellectual property rights remain with ‘Cosmos’ (sole proprietorships of Nintya Vanhove and Lune Horemans).

These include copyrights, trademark rights, design rights, and any other intellectual property rights, whether or not patentable, as well as commercial know-how, methods, and concepts. Buyers are prohibited from using or modifying these rights except for private use of the purchased products.

11. Data Processing

Your personal information is necessary to process orders, issue invoices, and handle warranty agreements. Failure to provide this information will result in the cancellation of your order. Providing false or incorrect data constitutes a breach of these Terms and Conditions. Personal data is processed in accordance with our Privacy and Cookie Policy, available on our website.

12. Governing Law and Jurisdiction

All offers and agreements are governed exclusively by Belgian law. The applicability of the Vienna Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. Disputes related to or arising from agreements with Cosmos fall under the jurisdiction of the courts of the judicial district of Antwerp, unless mandatory provisions dictate otherwise.