Welcome to Rose Inc.
We provide access to the www.roseinc.com, “the Site”, and sell our products to you subject to the conditions set out on this page.
Please read these conditions carefully before using the Site as by using the Site, you signify your agreement to be bound by these conditions.
For purposes of this agreement, “Service” refers to the Rose Inc.’s services accessed via the Site. The terms “we,” “us,” and “our” refer to Rose Inc. “You” refers to you, as a user of our Site or our Service.
- Your Account
When you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should tell us immediately if you have any reason to believe that your password could have become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and let us know immediately of any changes to the information that you provided when registering.
Rose Inc. reserves the right to refuse access to the Site, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
- Place of Performance and Applicable Law
Rose Inc. is a company registered in CA, United States. The Company makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. English law shall govern this Agreement. You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
We have taken reasonable care in the preparation of the content of this site. However, to the extent permitted by applicable law, Rose Inc. disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this site.
Rose Inc. shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site.
Certain links in this site will lead to sites which are not under the control of Rose Inc. When you activate any of these you will leave Rose Inc. site and we have no control over and will accept no responsibility or liability for the material on any site which is not under the control of Rose Inc.
As a service to our visitors, our Site may contain hypertext links leading to other websites that are not operated or controlled by Rose Inc.. However, even if such third parties are affiliated with Rose Inc., Rose Inc. has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Rose Inc.. Rose Inc. is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.
- License for Site access
Rose Inc. grants you a limited license to access and make personal use of this Site, but not to download, other than page caching, or modify it, or any portion of it, except with express written consent from us. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information, including images, text, page layout, or form, of Rose Inc. without express written consent. You may not use any metatags or any other 'hidden text' utilizing our or our affiliates' names or trademarks without the express written consent of Rose Inc.. Any unauthorised use terminates the permission or license granted by Rose Inc..
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page at www.roseinc.com as long as the link does not portray Rose Inc., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Rose Inc. logo or other proprietary graphic or trademark, including those of Rose Inc.s exclusive brands, as part of the link without our express written consent.
Rose Inc. grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis.
- Your conduct
You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You must not use the Site for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of, or contains, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any 'spam' to cause annoyance, inconvenience or needless anxiety.
- Copyright and database rights
All content included on the Site, such as photographs, text, graphics, logos, button icons, images and software, is the property of Rose Inc. or its subsidiaries, its affiliates or its content suppliers and is protected by CA, United States and international copyright and database right laws. The compilation of all content on this Site is the exclusive property of Rose Inc. and its affiliates and is protected by CA, United States and international copyright and database right laws. All software used on this Site is the property of Rose Inc. or our software suppliers and is protected by CA, United States and international copyright laws.
You may not systematically extract and/or re-utilise parts of the contents of the Site without our written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract, either once or a number of times, for re-utilisation any substantial parts of this Site, without Rose Inc.’s express written consent. You also may not create and/or publish your own database that features substantial parts of this Site without our express written consent.
As a visitor to our Site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without the Company's prior written consent is strictly prohibited.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you, or your agent, may send to Rose Inc. a written notice by mail, e-mail or fax, requesting that Rose Inc. remove such material or block access to it.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Rose Inc. a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details.
- Our contract
When you place an order to purchase a product from Rose Inc., we will send you an email confirming receipt of your order and containing the details of your order. That email will also confirm the cost of delivery which will be added to the purchase price. Your order represents an offer to us to purchase a product which is accepted by us when we dispatch that product to you and is confirmed by an email we send to you confirming that we have dispatched the goods.
That acceptance will be complete at the time we send the dispatch confirmation email to you. Any products on the same order which we have not confirmed in a dispatch confirmation email to have been dispatched do not form part of that contract. You can review the orders you have placed and their current status at any time by clicking 'Your Account' from the homepage at www.roseinc.com. You are seeking to enter into a contract with Rose Inc., when you place an order.
- Pricing and product availability
Rose Inc. is committed to providing our customers with great quality products. We list availability information for products sold by us on the Site, beyond this we cannot be more specific about availability. We have done our very best to display our items as accurately as possible on the site. Please be aware, variations in style, colour, size shape and look may occur. Despite our best efforts, a small number of products on our web-site may be mis-priced. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of that cancellation.
Please note that despatch estimates are just that. They are not guaranteed despatch times and should not be relied upon as such. As we process your order, we will inform you by email if any products you order turn out to be unavailable.
Discount vouchers can be used towards goods of a higher price than the value of the Discount voucher on payment of the excess by credit/debit card. Discount Vouchers can be redeemed at www.roseinc.com on any purchase agreed in the specific terms and conditions of that sale.
Discount Voucher refunds are subject to these terms and conditions and are not assignable or transferable.
- Only one Discount voucher code can be used per person unless otherwise specified. Only one Discount Voucher can be redeemed against a purchase in any one transaction unless otherwise specified.
- Discount Vouchers cannot be used in conjunction with Promotional and Gift Vouchers unless otherwise specified.
- Voucher codes only apply against the full normal RRP of the product unless otherwise stated. Discount Voucher refunds are not transferable and have a cash redemption value of 0.001p. Discount Vouchers are non-returnable.
The Company reserve the right to immediately suspend proceedings with a purchase if it believes the customer is in breach of any of these terms and conditions.
A Discount Voucher code cannot be claimed on transactions that have already been processed by the Company.
Rose Inc. reserves the right to amend the terms and conditions of the Discount Voucher codes at any time and to take any action it deems reasonably necessary which may include cancelling the Discount Voucher. This does not affect your legal rights.
Voucher codes cannot be used in conjunction with existing offers or loyalty points unless otherwise stated.
Rules for Sweepstakes, Contests, Challenges, Activities, Surveys, and Similar Promotions
Delivery times quoted are estimates only, and Rose Inc., shall not be liable for any delays caused except to the extent caused willfully or negligently by us.
- Duties and taxes
All prices indicated on this Site do not reflect any or all of the international duties, taxes, or other customs charges that the package may encounter when it arrives in its final destination. Please contact the customs agency officials to find out of all applicable taxes and duties, if any. Those charges vary greatly from country to country and will not be covered by Rose Inc..
When ordering goods from Rose Inc., for delivery overseas the recipient may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges must be borne by the recipient; we have no control over these charges and cannot predict what they may be.
Additionally, please note that when ordering from Rose Inc., the recipient is considered the importer of record and must comply with all laws and regulations of the country in which the goods are received. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
Minors and Children
The Site may not be suitable for minors. Minors and children, persons under the age of 18, are encouraged not to use the Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using the Site unsupervised, and/or by registering for an account, you warrant that you are 18 years of age or older.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections, such as computer hardware, software or filtering services, are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Rose Inc. does not endorse any of the products or services identified on such sites.
- Electronic communications
When you visit www.roseinc.com or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the Site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing. This condition does not affect your statutory rights.
Limitation of Liability
You agree that Rose Inc. shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any:
- loss of profits, revenue or goodwill or any type of consequential, indirect or special loss or damage whatever arising from or in any way connected with this Agreement;
direct loss or damage, including loss or damage which is reasonably foreseeable or occurs naturally in the course of things, resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under the Rose Inc.‘s direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss, even where Rose Inc. has been advised of the possibility of such loss or damage.
- You also agree that the maximum aggregate of liability of Rose Inc. in contract, tort, negligence, statutory duty or otherwise, even where Rose Inc. has been advised of the possibility of such loss or damage, for any loss or damage whatever arising from or in any way connected with:
- any defect in a product;
- any failure by Rose Inc. to process signals, data, information, orders or messages correctly or in a timely manner;
- any misrouting or non-delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them; and
any liability not excluded by this Agreement shall, in respect of any one or more events or series or events, whether connected or unconnected, taking place within any twelve month period be limited, in the case of defects, to the price of the relevant goods and otherwise to [Amount]. This limit shall also apply in the event that any exclusion or other provision contained in this Agreement is held to be invalid for any reason and Rose Inc. becomes liable for loss or damage that could otherwise have been limited.
You agree and acknowledge that you are in a better position than Rose Inc. to foresee and evaluate any potential damage or loss that you may suffer in connection with the goods and services provided by Rose Inc., and therefore that Rose Inc. cannot adequately insure in respect of such liability. You warrant to Rose Inc. that you will insure against, or bear yourself, any loss for which Rose Inc. has excluded liability.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of liability set out in this clause may not apply to you.
In particular, nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Rose Inc..
You shall indemnify Rose Inc. and any third part, including our subcontractors, from and against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising from your use of the company site or purchase of goods and/or services from that site which are brought or threatened against Rose Inc. or suffered or incurred by Rose Inc. by another person or entity.
Events beyond our reasonable control
Rose Inc. shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightning, or extremely severe weather, explosion, war, disorder, flood, industrial disputes, whether or not involving our employees, acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
Email may not be used to provide notice
Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
- Warranty Disclaimer
The Service, is provided “as is,” without warranty of any kind. Without limiting the foregoing, we expressly disclaim all warranties, whether express, implied or statutory, regarding the service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, we make no warranty or representation that access to or operation of the service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you
Limitation of damages;
Release to the extent permitted by applicable law, in no event shall the Site, the Service, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:
- the use, disclosure, or display of your user content;
- your use or inability to use the service;
- the service generally or the software or systems that make the service available; or
- any other interactions with use or with any other user of the service, whether based on warranty, contract, tort, including negligence, or any other legal theory, and whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
Modification of Terms of Service
Rose Inc. will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms, other than as set forth in this paragraph, or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.
If you breach these conditions and we take no action, Rose Inc. will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
- Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of CA, United States. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts. Your statutory rights are not affected by these terms and conditions.
- General Terms
You agree that in the event you have or may have any alleged claim against Rose Inc. or any of Rose Inc. vendors, contractors, licensees, or licensors, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms of Service and that you are not eligible to receive, and shall not seek, attorney’s fees in relation to any claim you have or may have against Rose Inc. or its vendors or licensors.
- Our details
www.roseinc.com is a limited company registered in CA, United States.
You can contact us by clicking firstname.lastname@example.org.
Or you can contact us by post through our office:
10960 Wilshire Blvd., 5th Floor
Los Angeles, CA 90024
Effective as of June 2018