Terms of service

This website is operated by Rose & Carter. Throughout the site, the terms “we”, “us” and “our” refer to Rose & Carter. Rose & Carter provides this website, including all information, tools, and services available from this site, to you, the user, conditional 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 policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and content contributors.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree with all the conditions of this agreement, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store are also subject to these Terms. You can review the most recent version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the e-commerce platform that enables us to sell our products and services to you.

Article 1 – Definitions
For the purposes of these Terms:

Cooling-off period: the period within which the consumer may exercise the right of withdrawal.

Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur.

Day: calendar day.

Ongoing transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligations of which are spread over time.

Durable data carrier: any medium that enables the consumer or entrepreneur to store information personally addressed to them, in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period.

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

Distance contract: a contract concluded within the framework of a system for distance selling of products and/or services organized by the entrepreneur, whereby up to and including the conclusion of the contract, only one or more techniques for distance communication are used.

Technique for distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur having to be together in the same place at the same time.

Terms and Conditions: these present Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur
Company name & Vat-number: On demand (for anti-fraudulent purposes)

Article 3 – Applicability
These Terms apply to every offer of the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these Terms will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the contract is concluded of how the Terms can be reviewed at the entrepreneur’s premises and that they will be sent free of charge at the consumer’s request as soon as possible.

If the contract is concluded electronically, the text of these Terms may also be provided electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, the consumer will be informed where the Terms can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.

If specific product or service conditions apply in addition to these Terms, the second and third paragraphs apply mutatis mutandis, and in case of conflicting conditions, the consumer may always rely on the applicable provision most favorable to them.

If at any time one or more provisions of these Terms are wholly or partially void or nullified, the remaining provisions of the agreement and these Terms will remain in effect, and the void or nullified provision will be replaced by mutual agreement with a valid provision that most closely approximates the original intent.

Situations not covered by these Terms shall be assessed in the spirit of these Terms. Any ambiguities in the interpretation of one or more provisions of these Terms shall be interpreted in accordance with the spirit of these Terms.

Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur reserves the right to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are intended to be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Images of products are intended as a true representation of the offered products, but the entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to accepting the offer. This includes, but is not limited to:

The price (excluding clearance costs and import VAT, which are the responsibility and risk of the customer). The postal or courier service may apply a special arrangement for postal and courier services, in which import VAT is collected in the EU country of destination.

Any shipping costs.

The method of conclusion of the agreement and what actions are required.

Whether or not the right of withdrawal applies.

The method of payment, delivery, and performance of the contract.

The period for accepting the offer or the period within which the entrepreneur guarantees the price.

The rate for distance communication if it differs from the basic rate.

Whether the agreement is archived and, if so, how the consumer can access it.

How the consumer can check and, if necessary, correct the information provided before concluding the contract.

Any other languages in which the agreement can be concluded.

The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically.

The minimum duration of the distance contract in the case of an ongoing transaction.

Optional: available sizes, colors, and materials.

Article 5 – The Agreement
Subject to the provisions of Article 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set out therein.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. Until receipt of this acceptance is confirmed, the consumer may dissolve the agreement.

If the contract is concluded electronically, the entrepreneur will implement appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may, within legal limits, verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a sound conclusion of the distance contract. If the entrepreneur has good grounds, based on this research, not to enter into the contract, they are entitled to refuse an order or attach special conditions to its execution.

The entrepreneur will provide the following information to the consumer in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

The address of the entrepreneur’s business location where the consumer can lodge complaints.

The conditions under which, and the method by which, the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.

Information about guarantees and existing after-sales services.

The information included in Article 4, paragraph 3 of these Terms, unless the entrepreneur has already provided this information before execution of the agreement.

The requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.

In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is concluded under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to dissolve the agreement without giving reasons within 14 days. This cooling-off period begins on the day after the consumer or a representative designated by the consumer and made known to the entrepreneur receives the product.

During the cooling-off period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to assess whether they wish to keep it.

If the consumer exercises the right of withdrawal, the product must be returned with all supplied accessories and, if reasonably possible, in the original condition and packaging, in accordance with reasonable and clear instructions provided by the entrepreneur.

The consumer must notify the entrepreneur in writing or by email within 14 days of receipt if they wish to exercise the right of withdrawal. Once this notification has been made, the product must be returned within 14 days. The burden of proof for timely return rests with the consumer, for example, by providing proof of shipment.

If the consumer has not notified the entrepreneur within the periods referred to above or has not returned the product within the stated period, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the return shipping costs are borne by the consumer.

If the consumer has already made a payment, the entrepreneur will refund this amount as soon as possible and no later than 14 days after withdrawal, provided the returned product has been received by the entrepreneur or the consumer has provided conclusive proof of return.

Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for the following products and services, provided this was clearly stated in the offer, or at least before the conclusion of the contract:

Products:

Made to the consumer’s specifications.

Clearly personal in nature.

That cannot be returned due to their nature.

That can deteriorate or expire quickly.

Whose price depends on fluctuations in the financial market outside the entrepreneur’s control.

Newspapers, periodicals, or magazines.

Audio, video recordings, or computer software where the seal has been broken.

Hygienic products where the seal has been broken.

Services:

Relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or period.

Commenced with the consumer’s explicit consent before the cooling-off period has expired.

Relating to betting and lotteries.

Article 9 – Price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

By way of derogation, the entrepreneur may offer products or services at variable prices when these are subject to fluctuations in the financial market over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any prices stated are indicative will be mentioned in the offer.

Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

They are the result of statutory regulations or provisions; or

The consumer has the right to terminate the agreement with effect from the day the price increase takes effect.

Deliveries are deemed to take place outside the EU, meaning that import VAT and clearance costs may be charged to the customer by the postal or courier service upon delivery.

All prices are subject to printing and typographical errors. No liability is accepted for such errors. In the event of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and existing statutory provisions and/or government regulations at the time of conclusion of the agreement. If agreed, the entrepreneur also guarantees suitability for uses other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert under the contract.

Defects or wrongly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties.

The delivered products have been exposed to abnormal conditions, have been handled carelessly, or have been used contrary to the instructions of the entrepreneur and/or packaging.

The defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance
The entrepreneur will exercise the utmost care when receiving and executing orders for products.

Subject to the provisions in Article 4, the entrepreneur will execute accepted orders promptly and at the latest within 30 days, unless a longer delivery period has been agreed.

If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to compensation, if applicable.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible and no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. The consumer will be informed clearly and comprehensibly upon delivery that a replacement item is being provided. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless otherwise expressly agreed.

Article 12 – Ongoing Transactions: Duration, Termination, and Renewal
Termination:
The consumer may terminate an agreement entered into for an indefinite period, which provides for the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a definite period, which provides for the regular delivery of products or services, at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to above:

At any time and not limited to termination at a specific time or during a specific period.

At least in the same way as they were entered into.

Always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal:
A fixed-term agreement for the regular delivery of products or services may not be tacitly extended or renewed for a fixed duration.

By way of derogation, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed duration of up to three months, if the consumer can terminate the renewed contract at the end of the renewal with a notice period of no more than one month.

A fixed-term agreement for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month (and three months if the contract provides for delivery less than once a month).

A fixed-term agreement for the regular delivery of newspapers, magazines, or periodicals (trial or introductory subscriptions) is not automatically renewed and ends automatically after the trial or introductory period.

Duration:
If an agreement has a duration of more than one year, the consumer may terminate it at any time after one year, with a notice period of no more than one month, unless reasonableness and fairness dictate termination before the end of the agreed duration is not acceptable.

Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.

In the event of non-payment by the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge the consumer reasonable costs made known in advance.

Article 14 – Complaints Procedure
Complaints about the performance of the agreement must be submitted in writing, fully, and clearly described to the entrepreneur within 7 days after the consumer has identified the defects.

Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer may expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes
Contracts between the entrepreneur and the consumer to which these Terms relate are governed exclusively by US law, even if the consumer resides abroad.

Article 16 – Contact Information
Questions about the Terms of Service should be sent via the contact form of the website.