Conditions of Use
Roseward’s
(“roseward”, “we”, “us”) website and related services are made available to you
in accordance with the following Conditions of Use & Service, and any other
rules posted on our website. We recommend you to read these Terms and
Conditions carefully before placing an order. By using our website, you signify
your agreement to be bound by these terms and conditions.
1. Introduction
These terms
& conditions set out the terms between you the customer and us the website
owner.
Your use of
this website and any service contained within constitutes acceptance of these
terms & conditions in full.
You should
not use this website if you do not accept with these terms & conditions in
full.
Customer
Information
You should
always check that the contact information you provide is correct before
creating a customer account or proceeding to payment.
You are
responsible for maintaining your own username and password, where required to
access your customer account. You should ensure that you store your username
and password securely and that the details required to access your customer
account are not provided to another party.
As a
customer you are responsible for your customer account and actions taken within
it. If you are aware or suspect that your customer account username and
password or other details have become known to a third party, you should inform
us immediately.
Our website
is only intended for use by adults. Adults may purchase products for children
as long as the products purchased are intended by the manufacturer for use or
consumption by children.
We reserve
the right to restrict or remove your access to this website where you breach
these terms and conditions. Such restriction or removal will take place without
recourse or explanation to you where we solely deem it appropriate or
necessary.
3. Privacy
We take your
privacy seriously. For further details please see our Privacy Policy.
4. Product Pricing, Title, and Color
We make
every effort to ensure that the pricing displayed on our website is correct.
However, if an error in the pricing of a product is found we reserve the right
to either cancel your order or contact you to arrange payment of any extra sum
due or refund any over-payment made by you (as applicable). The processing of
an order can be cancelled or corrected by us at anytime up to the shipment of
that order and any related items.
We reserve the right to alter all product
pricing without notice.
Title in any
products ordered from us does not pass to you, the purchaser until we have
received and processed a valid payment, and that payment has been made into our
own bank account and your order has been shipped.
We strive to
display as accurately as possible the colors of our products that appear on the
website. However the actual color will depend on your monitor, we cannot
guarantee that your monitor’s display of any colors will be accurate.
5. Your Order
When you
place an order you will automatically receive a confirmation email from us to
confirm your order. Your order constitutes an offer made to us to purchase the
goods specified in the order.
Your offer
is only accepted by us once we have emailed you to confirm the dispatch of your
order.
Product
items not included within the dispatch email are not included in the order and
contract between you and us.
We reserve
the right to delay or refuse orders where a transaction contains incomplete
details or details that cannot be verified or where fraud is suspected.
If we are
unable to reasonably ascertain these details or resolve these issues a full
refund will be made against the card used at the time of purchase. No other
form of refund or credit will be offered nor will a refund be made to any third
party card or account.
6. Shipping and Customs Duty
All orders
received by us are shipped subject to availability.
We reserve
the right to ship products at a later date (up to 28 days after purchase) where
the product ordered is not in stock at the time of purchase. In this situation
you will be contacted and offered a full refund instead of delivery of the
product.
We cannot be
held responsible for disruption to shipping caused by industrial disputes or
action outside our direct control. If such disruption occurs you will be
offered delivery via an alternative delivery or fulfilment company or a full
refund.
7. Cancellation Rights, Returns and Refunds
Under the
Consumer Protection (Distance Selling) Regulations 2000 you have a right to
cancel your purchase. However, to exercise this right you must notify us in
writing, (email or letter) within 7 working days of the day after you receive
your goods.
As stated
above notification of cancellation must be in writing. As we do not record our
calls, a telephone conversation is not a valid cancellation.
No right of
cancellation, refund or return exists under the Consumer Protection (Distance
Selling) Regulations 2000 once you have removed the product from its original
package, unless the product is defective and you are returning it for this
reason.
Goods that
are sealed or shrink-wrapped can only be returned if they are defective once
this has been removed.
No right of
cancellation exists for personalised goods, goods that are intimate in their
nature or goods where there may be hygiene issues, unless defective.
Please
observe the following procedure for all returns:
a)
Contact us
in writing within 7 days stating your reason for return, your order number and
contact details. If you are returning your product because it is defective,
please state the defect or defects.
b)
One of our
representatives will contact you within 48 hours to advise you of the procedure
to return the goods. Please do not send any goods back until you have been
contacted by us as we will not refund any postage expenses unless they have
been previously agreed in writing.
c)
Repackage
the product in its original packaging, including any accessories, brochures,
manuals, guarantees or warranties that came with the product. We will be unable
to issue a refund where the product is in an incomplete state.
If the
product has been opened, used, or if the original packaging surrounding the
product has been damaged or destroyed we will only issue a refund if the
product is being returned due to a defect. If the original packaging of a
defective product has been damaged or destroyed you should ensure that the
returned product is adequately packed for shipment back to us.
We recommend
that all returns be sent by registered post, so that a record of the return is
available for you.
We will not
issue refunds for any items lost or stolen in transit to us.
Where a return
is lost or stolen in transit to us, you should claim compensation from the team
that shipped the item.
Subject to
the above, we will refund the purchase price of a returned product within
thirty days of receiving written notification of your intention to return the
product and receipt of the goods.
8. Faulty Products
Where you
experience a fault with a product it can be returned to us subject to our
returns policy above.
9. Events Outside Our Control
We shall not
be liable for delay or failure to perform any obligation under these Terms
& Conditions if the delay or failure is caused by any circumstances beyond
our reasonable control, including, but not limited to, acts of god, war, civil
disorder or industrial dispute.
10.Licence
We grant you
a licence to access the content, information and services contained within our
website for personal use only.
This licence
allows you to download and cache (using your browser) individual pages from our
website.
This licence
does not allow you to download and modify individual pages or substantial parts
of our website nor to make our website available via an intranet, where our
website or a substantial part of it is hosted locally on the intranet in
question.
Our website
design, layout, content or text cannot be copied, edited or otherwise
manipulated without our express prior written permission.
Our website
cannot be placed within the frame-set of another site.
Third
parties are not allowed to “deep link” to pages within our website, without our
express prior written permission. All links (unless expressly permitted by us)
should be to the main index page of our website. Furthermore, the content of
such links, whether graphic or text should not be misleading, false, derogatory
or in any other way offensive.
The
restriction on “deep linking” does not apply to affiliate partners who wish to
send customers directly to a particular page or product in order to increase
their affiliate sales.
11. Copyright
All content,
databases, graphics, buttons, icons, logos, layouts and look & feel are our
copyright, unless expressly acknowledged as otherwise.
The data
mining, extraction or utilisation of product information from our website is
not permitted without our express prior written permission.
12. User Generated Content
Where the
facility exists you may provide reviews or public feedback on the website of
products purchased by you, also known as user-generated content.
Where the
facility exists such user-generated content can be provided in different
formats and mediums; text, audio, video and still photographs.
As part of
providing this content to us you agree to grant us a worldwide, irrevocable,
non-exclusive and royalty-free license to use, distribute, edit, translate and
repurpose such content, as we require, including sub-licensing to other
parties.
Such content
shall not infringe the intellectual property rights of any other party.
Furthermore the content shall not be illegal or capable of breaching the laws
of any jurisdiction in which it may be displayed.
We reserve
the right to remove any content, which breaches or risks breaching these terms
and conditions.
However, we
shall not assume any responsibility for auditing or monitoring any user
generated content.
Any
complaints about such content by rights holders or any user or visitor to our
website should be directed to us using our contact details listed at the end of
these terms and conditions.
13. Limitations and Exclusions of Liability
Where
content and information is provided on the website without charge we exclude
all liability for such content and information.
All business
losses (including, but not limited to) loss of profits, income, lilynue, damage
to goodwill, loss of other commercial contracts, other commercial opportunities
are all excluded.
All
indirect, consequential or special losses or damage are all excluded.
All other
losses or damages not reasonably foreseeable at the time of the contract between
you and us are also excluded.
All losses
relating to the loss or corruption of data, databases, systems, software or
hardware are all excluded.
These terms
and conditions do not exclude or limit liability for death or personal injury
caused by you or us.
These terms
and conditions do not exclude or limit liability for fraud or fraudulent
misrepresentation caused by you or us.
These terms
and conditions do not exclude or limit liability where this conflicts with the
applicable law for this jurisdiction.
14. Indemnity
By your use
of our website you hereby indemnify us and undertake to keep us indemnified at
all times now and in the future against all possible claims relating to any
breach of these terms and conditions by you. Such indemnities to include, (but
not be limited to) all costs legal and otherwise, all other expenses, damages
or settlements arising from your breach of these terms and conditions.
15. Variation
We reserve
the right to vary these terms & conditions at any time, without giving
notice to you. Such varied terms and conditions shall automatically apply to
the use of our website from the date of publication on our website.
16. Assignment
We reserve
the right to assign our rights and also our obligations under these terms and
conditions, without giving notice to you. This right of assignment shall only
apply to us and shall not apply to you in any way.
17. Severability
The
foregoing paragraphs, sub-paragraphs and clauses of these terms &
conditions shall be read and construed independently of each other. Should any
part of this agreement or its paragraphs, sub-paragraphs or clauses be found
invalid it shall not affect the remaining paragraphs, sub-paragraphs and
clauses.
18. Waiver
Failure by
us to enforce any accrued rights under these terms & conditions is not to
be taken as or deemed to be a waiver of those rights by us unless we
acknowledge the waiver in writing.
19. Third Parties
These terms
and conditions are between you and us. They do not apply to, or benefit any
third party and are not reliant on any third party.
20. Entire Terms & Conditions
These terms
& conditions set out the entire agreement and understanding between you and
us.
21. Your Statutory Rights
Where acting
as a consumer your statutory rights are unaffected.