TERMS AND CONDITIONS
This website is operated by Rosie. Throughout the site, the terms “we”, “us” and “our” refer to Rosie. Rosie offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – PRICE AND PAYMENT
Price shown on the site are CAD, excluding applicable shipping fee and all the transaction with Rosie are made in CAD dollars. Shipping fees will be charged whether applicable and will be included in the order total upon checkout.
The price of products will be as stipulated at all times on our site, except in case of an obvious error. Although we make every effort to ensure that the prices and features on the website are correct, error may occur. If we discover an error in the price of any of the products that you have ordered, we will notify you as soon as possible and give you an option of confirming your order at the correct price. If Rosie team is unable to contact you, your order may be cancelled and the amount paid by you will be refunded in full via the original payment method you used.
You may pay for your purchasing using PayPal or credit card.
SECTION 5 - PRODUCTS OR SERVICES
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Rosie.
While we try to provide an accurate description of the products, we do not warrant that the descriptions, colors, information, pricings promotions or other content available on the site are accurate, current or free from error. Rosie may correct any errors, inaccuracies or omission and to change or update the information or cancel orders if any information on the site is inaccurate at any time without prior notice, including after you have submitted your order.
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients of the products to avoid potential allergic reactions.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
In the event that the product you receive is defective or incorrect, please contact the Rosie team to request for a refund with proof. Rosie will assess on the eligibility of the request, and the final decision is at the sole discretion of Rosie.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 6 – DELIVERY
The products displayed on the site can be ordered and delivered to Canada, United States, Western & Northern Europe, Eastern & Southern Europe, Australia, and Asia. Please refer to our FAQs page for information on the delivery options.
Subject to the availability of the products you have ordered, Rosie will endeavour to deliver the order consist of the products listed in the estimated timeframe indicated when selecting the delivery method.
Nevertheless, you may occasionally experience delays in delivery for reasons such as a high volume of orders being received by Rosie during sales periods, holidays or occurrences of unforeseen circumstances. Please note that in any case, our couriers do not deliver on Saturdays, Sundays or bank holiday.
Risk of damage to or loss of the products shall pass to you at the time of delivery.
Notwithstanding delivery and the passing of risk in the products or any other terms in these Terms, the property in the products shall not pass you until Rosie has received payment in full. Until such time as the property in the product passes to you (and provided the products are still in existence), Rosie shall be entitled at any time to demand you to deliver the products to Rosie and in the event of non-compliance, Rosie reserves its right to take legal action against you for the delivery of the products and also reserves its right to seek damages and all other costs related to the recovery.
SECTION 8 – RETURNS
All returns must be done in accordance with the instruction set out in our FAQs page.
For any returns, the return is subject to the conditions listed on our FAQs page.
Rosie reserves the right to refuse unreasonable return requests, cancel orders, or terminate accounts suspected from excessive returns, return fraud, or wardrobing.
Rosie reserves the right to change our return policies and/or reject any exchange requests for any reason without prior notice. Should there be any dispute, Rosie's decision will be final.
SECTION 9 - ACCURACY OF ORDER AND ACCOUNT INFORMATION
To be able to make purchases through our site, you will be required to provide with your penal details. In particular, you will be required to provide us with your name, billing and shipping address, e-mail address and/ or other contact details as indicated in ‘Your Account’. Please note that if you do not provide us all the information we need, you cannot place or we cannot process your order.
Furthermore, when oy place an order on our site, you confirm that you are over age 18 year and legally eligible to enter into binding contracts. If you are under 18 years of age, you may only place an order with the consent of your partner or guardian. If you do not have consent from your parent or guardian, you must stop using the sites.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
All customers would be verified by Rosie internal order security check system before it is approved for shipment. Most of the time the order goes through without any issue but Rosie reserves the right to hold a shipment in case of suspicious activity relating to fraud, misuse of credit cards or fake identity. We apologize if your order is delayed if it is flag by our procedure or system, but we will ensure that if verification is required, we will contact you as soon as we can so as to ship out your order faster.
SECTION 10 – YOUR CONTENT SUBMISSIONS
You are solely responsibility for all contact that you upload, post, email or otherwise transmit via or to the sites, including the submission product ratings and review and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers of other material (“Content”).
We will not accept Content from you unless you are registered user of the sites. BY submitting Content to Rosie, you represent and warrant that: 1) you understand you are participating in a public forum and that your Content will be available to all other uses of the site, the interactive services and potentially social sites; 2) you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize Rosie to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the sites and these Terms); and 3) all “moral rights” that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Rosie does not endorse any Content or any opinion recommendation or advice expressed therein, and Rosie disclaims all liability with respect to the Content.
You agree that Rosie may in its sole discretion and without notice remove, withdraw or discard any Content for any reason, including without limitation whether Rosie has determined that any Content has violated or is inconsistent with the Terms.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
To the extent permitted by law, Rosie is providing the sites, the contents and the interactive services on an as-is basis and makes no representations, conditions or warranties of any kind, express or implied, with respect to the operation of the site or interactive services, the information, content, materials or posts, included on the sites or as part of the interactive service. You should not act on any data or information posted on the sites or interactive service without first independently verifying its content.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Rosie, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any simila1r damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Rosie and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. This indemnification obligation will survive the termination of these Terms and your use of the sites and the services.
SECTION 15 – PRIVACY
SECTION 16 - WAIVER
Rosie’s failure to enforce thee Terms shall not constitute a waiver of these Terms, and such failure shall not affect the right later to enforce these Terms. We would still be entitled to our rights and seek remedies in any other situation where you breach thee Terms.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.