GENERAL TERMS AND CONDITIONS OF SALE AND USE
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OVERVIEW
This website is operated by RoseToys. On this site, the terms “we”, “us” and “our” refer to RoseToys. TheRoseToyOfficial 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 this site and/or purchasing any of our products, you are engaging in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms and Conditions”), including any additional terms, conditions and policies referenced and/or hyperlinked herein. These Terms and Conditions apply to all users of this site, including, but not limited to, users who browse the site, are vendors, customers, merchants and/or content contributors.
Please read these Terms and Conditions of Sale and Use carefully before accessing or using our site. By accessing or using any part of this site, you agree to be bound by these terms and conditions. If you do not agree to all of the terms and conditions of this agreement, you should not access the website or use any of the services offered on it. If these terms and conditions of sale and use are considered an offer, acceptance is expressly limited to these terms and conditions of sale and use.
Any new features and tools added to this store in the future will also be subject to these terms and conditions. You can view the most current version of the Terms of Sale and Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Sale and Use by posting updates and/or changes on 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 your acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – TERMS OF USE OF OUR ONLINE STORE
By agreeing to these terms and conditions of sale and use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to use this website.
Use of our products for any illegal or unauthorized purpose is prohibited, and you may not, by using the service, violate any laws in your jurisdiction (including, without limitation, copyright laws).
You may not transmit any worms, viruses or other code of a destructive nature.
Any breach or violation of these terms and conditions will result in immediate termination of your services.
SECTION 2 – TERMS AND CONDITIONS
We reserve the right to deny access to the Services to any person, at any time and for any reason.
You understand that your content (except for credit card information) may be transferred unencrypted, which involves (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 when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service or use of the service, or any access to the service or contact on the website through which the service is provided, without our prior express written permission.
The headings used in this Agreement are included for your convenience, and will not limit or affect these terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible for the accuracy, completeness or timeliness of the information available on this site. The content of this site is provided for informational purposes only and should not be relied upon as your sole source of information for making decisions without first consulting more accurate, complete and up-to-date information sources. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain certain prior information. Such past information, by its nature, is not current and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – SERVICE AND PRICE CHANGES
Prices for our products are subject to change without notice.
We reserve the right, at any time, to modify or discontinue the Service (or any part or content of the Service) without notice at any time.
We will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if any)
Certain products or services may be available exclusively online through our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our return policy.
We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer monitor will display colors accurately.
We reserve the right, but are not obligated, to limit the sale of our products or services to any person in any geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue offering any product at any time. Any offer of service or product made on this site is void where prohibited by law.
You have a minimum two-year warranty (legal warranty) against defective products, or products that do not look or function as advertised on our store.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, the same credit card and/or orders using the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting you at the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed on our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
For more details, please see our return policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or influence.
You acknowledge and agree that we provide access to these tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. We will have no legal liability arising from or related to the use of these optional third-party tools.
If you use any of the optional tools offered on the Site, you do so at your own risk and discretion, and you should refer to the terms and conditions under which such tools are offered by the applicable third party vendor(s).
We may also, in the future, offer new services and/or features on our Site (including new tools and resources). These new services and features will also be subject to these terms and conditions.
SECTION 8 – LINKS TO THIRD PARTIES
Certain content, products and services available through our Service may include materials from third parties.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for the content, website, products, services or other materials accessible on or from such third-party sites.
We are not responsible for any harm or damage related to the purchase or use of any goods, services, resources, content or any other transactions conducted in connection with such third party sites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transactions. Complaints, claims, concerns or questions regarding the products of these third parties should be submitted to the third parties themselves.
SECTION 9 – USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS
If, at our request, you submit specific content (for example, to enter contests), or if, without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by mail or otherwise (collectively, “Comments”), you grant us the right, at any time and without limitation, to edit, copy, publish, distribute, translate and otherwise use in any media the Comments you send to us. We are not and will not be obligated to (1) maintain the confidentiality of any Comments, (2) pay compensation to anyone for any Comments provided, or (3) respond to any Comments.
We may, but are not obligated to, monitor, edit, or remove content that we, in our sole discretion, believe is unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any intellectual property or similar. Terms and Conditions.
You agree to write comments that do not violate the rights of others, including copyrights, trademarks, privacy, personality or other personal or proprietary rights. You also agree that your comments will not contain any unlawful, libelous, defamatory, offensive or obscene material, or any computer viruses or other malicious software that may in any way affect the operation of the Service or any associated web site. You may not use a false email address, pretend to be someone you are not, or attempt to deceive us and/or others as to the origin of your comments. You are solely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments that you post or that any third party posts.
SECTION 10 – PERSONAL INFORMATION
The submission of your personal information on our store is governed by our Privacy Policy. Click here to view our privacy policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, delivery schedules 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 on the Service or any associated website is inaccurate, at any time without notice (including after you have placed your order).
We have no obligation to update, modify or clarify any information on the Service or any associated website, including, but not limited to, pricing information, except as required by law. No update or refresh date listed on the Service or any associated website shall be deemed a basis for concluding that the information on the Service or any associated website has been changed or updated.
SECTION 12 – PROHIBITED USES
In addition to the prohibitions set forth in the Terms of Use, you are prohibited from using the Site or any Content (a) for any unlawful purpose; (b) to incite or participate in any unlawful act; (c) to violate any local ordinance or any international, federal, state or provincial law, rule or regulation; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, hurt, defame, slander, libel, disparage, intimidate or discriminate against anyone on the basis of 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 to compromise the functionality or operation of the Service or any related malicious code, independent website, or the Internet; (h) to collect or track the personal information of others; (i) for spamming, phishing, hijacking, extorting information, browsing, searching or scanning the Web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security measures of our Service, any other website or the Internet. We reserve the right to terminate your use of the Service or any associated website if you violate any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant or represent 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 interrupt the Service for indefinite periods or cancel the Service at any time without notice.
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 provided to you through the Service are (unless otherwise expressly stated by us) provided on an “as is” and “as available” basis for your use without representation, warranty or condition of any kind, either express or implied, including all implied warranties of merchantability or fitness for a particular purpose, durability, title and non-infringement.
The Service does not warrant that the information contained in the Service is accurate, complete or current, even if you have been advised of the possibility of such occurrences. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless RoseToys, our parent, subsidiaries, affiliates, partners, officers, directors, agents, licensors, service providers, subcontractors, suppliers, our interns and employees, for 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 Use or the documents referenced herein or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms and Conditions of Sale and Use is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Sale and Use, such severance not affecting the validity and enforceability of the remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms and Conditions shall remain in effect until terminated by you. You may terminate these terms and conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
If we determine, in our sole discretion, that you are not complying with, or if we suspect that you may have failed to comply with the terms of these Terms and Conditions, we may also terminate this Agreement at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any portion thereof).
SECTION 17 – COMPLETENESS OF AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use or any other operating policies or rules posted by us on this Site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, without limitation, any prior version of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Service shall not be construed to the detriment of the author.
ARTICLE 18 – APPLICABLE LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 128 rue la boétie, paris, 75008, France.
SECTION 19 – CHANGES TO THE TERMS OF SALE AND USE
You may review the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and modifications on our site. It is your responsibility to visit our site periodically to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms of Sale and Use constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions regarding the Terms of Sale and Use should be directed to us at info@RoseToys.org
SECTION 21 – CANCELLATION PERIOD
You have the right as a consumer to return the item or cancel the service within 30 days. This cancellation period does not require any justification.
