Terms of service
OVERVIEW
Welcome to ROSELY COSMETICS. In these Terms, the expressions “we”, “us” and “our” refer to ROSELY COSMETICS. ROSELY COSMETICS operates this shop and website, including all information, content, features, tools, products and related services in order to provide you, as a customer, with a personalised shopping experience (the “Services”). ROSELY COSMETICS is a store powered by Shopify, which enables us to provide the Services to you.
The following Terms and Conditions of Use, together with any policies referred to herein (the “Terms of Service” or “Terms”), set out your rights and obligations when you use the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights, including disclaimers and limitations of liability.
By visiting, accessing or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not access or use the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your country of residence and that you consent to any minor in your care using the Services on devices owned, purchased or managed by you.
In order to use the Services, including browsing our online store or purchasing products or services, you may be required to provide certain information, such as your email address and billing, payment and delivery details. You represent and warrant that all information you provide is accurate, current and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must not transfer, sell, assign or licence your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services accurately in our online store. However, colours and product appearance may vary depending on the device you use and its settings.
We do not guarantee that the appearance or quality of any product or service purchased will meet your expectations or correspond exactly to its online description.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit quantities of any product on a case-by-case basis.
SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase. ROSELY COSMETICS reserves the right to accept or decline any order at its discretion. An order is not accepted until we confirm acceptance. Payment must be received and processed before acceptance.
Please check your order carefully before submitting it. Once accepted, we may not be able to accommodate cancellation requests. If we amend or cancel an order, we will attempt to notify you using the contact details provided at the time of order.
Returns and exchanges are governed exclusively by our Refund Policy [LINK].
You warrant that purchases are for personal and domestic use only and not for resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged will be the price displayed at the time the order is placed and will be confirmed in your order confirmation email. Unless otherwise stated, prices exclude taxes, delivery charges and customs or import duties.
Promotional offers may be subject to separate terms and conditions. In the event of conflict, the promotional terms shall prevail.
You agree to provide current, complete and accurate purchase and account information. You warrant that:
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the payment information you provide is accurate and complete;
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you are authorised to use the payment method;
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charges incurred will be honoured by your payment provider; and
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you will pay all charges incurred, including delivery costs and applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance or events beyond our reasonable control.
Risk in the products passes to you upon delivery to the carrier. Title to the products passes upon receipt of full payment.
SECTION 6 – INTELLECTUAL PROPERTY
All content within the Services, including text, graphics, images, videos, audio, designs, trademarks and other materials, is owned by or licensed to ROSELY COSMETICS and is protected by applicable intellectual property laws.
You may use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display or otherwise exploit any content without our prior written consent.
Nothing in these Terms grants any licence or right in respect of our intellectual property or that of Shopify or any third party. All rights not expressly granted are reserved.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools over which we have no control. Such tools are provided “as is” and “as available” without warranties or endorsements.
Your use of optional third-party tools is entirely at your own risk and subject to the relevant third party’s terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for the content, accuracy or practices of such websites. Accessing third-party websites is at your own risk.
Any concerns regarding third-party products or services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
ROSELY COSMETICS is powered by Shopify. However, all sales are concluded directly between you and ROSELY COSMETICS.
You acknowledge and agree that Shopify bears no responsibility for transactions between you and ROSELY COSMETICS. You hereby release Shopify and its affiliates from any claims arising out of your purchases from us.
SECTION 10 – PRIVACY POLICY
All personal data collected through the Services is processed in accordance with our Privacy Policy [LINK]. Certain data may also be processed in accordance with Shopify’s privacy policy.
By using the Services, you acknowledge that your information may be transferred to and processed in countries outside your country of residence for the purpose of providing the Services.
SECTION 11 – FEEDBACK
If you submit feedback, suggestions, reviews or other content (“Feedback”), you grant us a perpetual, worldwide, royalty-free, sublicensable licence to use, reproduce, modify and distribute such Feedback for any lawful purpose, including commercial purposes.
You warrant that you have all necessary rights in the Feedback and that it does not infringe the rights of any third party. We are under no obligation to keep Feedback confidential or to provide compensation.
SECTION 12 – ERRORS AND OMISSIONS
We reserve the right to correct errors, inaccuracies or omissions and to amend or cancel orders where information is inaccurate, at any time without prior notice.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You must not misuse the Services, including by transmitting malicious code, infringing intellectual property rights, engaging in fraudulent conduct, or interfering with security features.
We reserve the right to suspend or terminate access where these Terms are breached.
SECTION 14 – TERMINATION
We may terminate this agreement or suspend access to the Services at any time without notice. Amounts due up to the date of termination remain payable.
Provisions which by their nature should survive termination shall remain in effect.
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and all products are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including implied warranties of satisfactory quality, fitness for a particular purpose, title or non-infringement, to the fullest extent permitted by law.
We do not warrant that the Services will be uninterrupted, secure or error-free.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, ROSELY COSMETICS and its affiliates, officers, employees, agents, contractors, licensors and service providers (including those of Shopify) shall not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, revenue, data or goodwill, arising out of or in connection with your use of the Services or any product purchased through the Services.
Nothing in these Terms excludes liability which cannot lawfully be excluded under applicable law.
SECTION 17 – INDEMNITY
You agree to indemnify and hold harmless ROSELY COSMETICS, Shopify and their respective affiliates, officers and employees from any claims, liabilities, damages or expenses (including reasonable legal fees) arising out of your breach of these Terms or your misuse of the Services.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, it shall be severed, and the remaining provisions shall remain in full force and effect.
SECTION 19 – WAIVER AND ENTIRE AGREEMENT
Failure to enforce any provision shall not constitute a waiver.
These Terms constitute the entire agreement between you and us in relation to the Services and supersede any prior agreements or communications.
SECTION 20 – ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations without restriction.
SECTION 21 – GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which ROSELY COSMETICS is established. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
We may update these Terms from time to time. Any material changes will be notified in accordance with applicable law. Continued use of the Services constitutes acceptance of the updated Terms.
SECTION 24 – CONTACT DETAILS
Questions regarding these Terms should be sent to:
roselycosmetics01@gmail.com
[INSERT REGISTERED BUSINESS NAME]
roselycosmetics01@gmail.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS TELEPHONE NUMBER]
[INSERT COMPANY REGISTRATION NUMBER]
[INSERT VAT NUMBER]