Terms & Conditions

ABOUT THESE TERMS OF USE

These website Terms and Conditions of Use (“Terms of Use”) regulate your access to and use of the website hosted at the URL http://www.cosysunday.com, including all its sections and areas, which may be dedicated to and reserved for registered users, such as the My Profile section. The website is operated by PROFASHION (Suisse) SA, with its registered office at Via G. B. Pioda 9, 6900 Lugano, Switzerland (hereinafter “COSY SUNDAY,” “CS,” “we,” “us,” or “our”).
We welcome you to our website and invite you to carefully review these Terms of Use before accessing or using our website. These Terms of Use apply to all visitors and/or users of the website. By accessing and using this website, you confirm your acceptance of these terms and agree to be bound by them. If you do not agree with these Terms, please discontinue your access/use of the website immediately.

1. PURPOSES AND FUNCTIONALITIES OF THE WEBSITE

The website promotes and sells COSY SUNDAY products and collections and provides information about the origin of garments and their components (thread, fabric, accessories, etc.). COSY SUNDAY operates as an e-commerce brand, and this website serves as the exclusive official sales outlet. Certain sections of the website may offer additional functionalities. Users may need to register and create a personal account by providing their personal data to access reserved areas and content.
Registered users may receive personalized benefits, such as subscription to mailing lists, newsletters about COSY SUNDAY’s products and events, loyalty discounts, garment customization, birthday discounts, and invitations to marketing events.

2. PAYMENT AND CONTRACT FORMATION

At COSY SUNDAY, we strive to ensure a seamless shopping experience. A binding contract is formed between you and COSY SUNDAY once your payment is successfully processed. By completing the purchase, you affirm your agreement with these Terms of Use, and your order is confirmed when payment approval is received. COSY SUNDAY bears no responsibility for fulfilling orders where payment issues occur until payment is successfully completed.

3. REGISTRATION AND PERSONAL ACCOUNT

Access to specific functionalities and sections of the website may require you to register and create a personal account. You are responsible for all activities conducted through your account, including purchases, unless you notify us and demonstrate unauthorized access. It is your responsibility to maintain the confidentiality of your account details and to ensure that no unauthorized third party gains access. COSY SUNDAY will not be held liable for any damage or loss due to your failure to secure your account.
COSY SUNDAY reserves the right to terminate your account if: a) We reasonably believe your use violates these Terms of Use, b) We suspect unauthorized use by a third party, or c) We deem it necessary to suspend your account for security or maintenance purposes.
You may cancel your subscription at any time in the “My Profile” section.

4. PROCESSING OF YOUR PERSONAL DATA

To access certain website sections and functionalities, including reserved areas, you may be required to provide personal data. Our processing activities related to your data are detailed in our Privacy Policy, which is available on the website. We encourage you to review our Privacy Policy to understand our practices. By using our website, you acknowledge that any communication over the internet is not entirely confidential or secure and may be intercepted.

5. OUR PRODUCTS

COSY SUNDAY takes reasonable care to ensure the accuracy and currency of information on the website, including product descriptions, prices, and availability. However, we do not guarantee complete accuracy. We make every effort to display product colors accurately, but variations may occur depending on your monitor settings. COSY SUNDAY reserves the right to modify or remove products/services and adjust prices without notice.

6. INTELLECTUAL PROPERTY

All content on the website, including software, HTML code, user interface design, text, graphics, artwork, photographs, audiovisual materials, and any other material, is exclusively owned by COSY SUNDAY and/or its licensors. COSY SUNDAY’s content is protected by national and international intellectual property laws. You are prohibited from using COSY SUNDAY’s trademarks, whether registered or unregistered, without authorization.

7. USER OBLIGATIONS AND PROHIBITED USE

Users are permitted to use the website and COSY SUNDAY’s content for personal, non-commercial use only. You agree not to:

• Copy, reproduce, publish, transmit, distribute, modify, or create derivative works of the website or its content.
• Use the website for commercial purposes, including advertising on your own or a third-party platform.
• Access, acquire, or copy content using automated means such as robots or spiders.
• Attempt to hack, access, or breach the website or any related systems.
• Engage in any activity that imposes an excessive load on the website infrastructure.

COSY SUNDAY reserves the right to discontinue or suspend access if violations are detected.

8. USER-GENERATED CONTENT

Any content you submit to the website (e.g., feedback, comments, suggestions) is deemed non-confidential. COSY SUNDAY reserves the right to use such content without restriction, including saving, copying, publishing, and distributing it. COSY SUNDAY advises against submitting content that you consider confidential or proprietary.

9. THIRD-PARTY CONTENT

The website may contain links to external websites operated by third parties. COSY SUNDAY does not control third-party content and is not responsible for its accuracy, security, or reliability. Access to any third-party content is at your own risk. We recommend reviewing their terms and policies.

10. WARRANTY AND LIMITATION OF LIABILITY

Your use of the website is at your own sole risk. COSY SUNDAY takes measures to ensure the website is secure, but we cannot guarantee it will be free from viruses or defects. The website is provided on an “as is” basis, and COSY SUNDAY disclaims all warranties, express or implied.
COSY SUNDAY is not liable for any loss or damage resulting from the use of the website or third-party content. In any case, our liability is limited to the maximum extent permitted by law.

11. INDEMNIFICATION

You agree to indemnify COSY SUNDAY against any legal action, claims, or complaints arising from your use of the website. This includes any damages or legal expenses incurred as a result of your actions.

12. COOKIES

The website uses cookies to enhance the user experience, including tracking preferences, improving navigation, and personalizing content. Our use of cookies is detailed in our Privacy Policy, and by using the website, you consent to our use of cookies.

13. ADVERTISING AND MARKETING

COSY SUNDAY may use the data provided by you for marketing purposes, such as sending you updates, promotions, or newsletters, provided you have given explicit consent. You can manage your subscription preferences in your account settings.

14. CHANGES TO THE TERMS OF USE

COSY SUNDAY reserves the right to modify these Terms of Use at any time. Changes will be posted on the website. By continuing to use the website after changes are posted, you accept the revised Terms.

15. GOVERNING LAW AND JURISDICTION

These Terms of Use are governed by Swiss law. Any disputes arising from the use of the website will be subject to the exclusive jurisdiction of the courts in Ticino, Switzerland, except where mandatory provisions of applicable law establish a different venue.

16. GENERAL TERMS

If any provision of these Terms of Use is deemed unlawful, invalid, or unenforceable, that provision will be modified to the minimum extent required to make it lawful, valid, and enforceable. The remainder of these Terms will remain fully valid and enforceable. All provisions apply to the maximum extent permitted by applicable law, particularly in consumer rights contexts.