Terms & Conditions
Overview
Welcome to Rosie Sugden. The terms “we”, “us” and “our” refer to Rosie Sugden. Rosie Sugden operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience. These are referred to as the “Services”. Rosie Sugden is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced in them, describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with 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 Privacy Policy, you should not use or access our 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 or place of residence, and that you have given us your consent to allow any minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You confirm that all information you provide is correct, current and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.
Section 2 - Our Products
We have made every effort to provide an accurate representation of our products and services in our online store. However, colours or product appearance may differ from how they appear on your screen due to the device you use and your device settings.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted in our online store.
All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit the quantities of any products offered to any person, geographic region or jurisdiction.
Section 3 - Orders
When you place an order, you are making an offer to purchase. Rosie Sugden reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Rosie Sugden confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as Rosie Sugden may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided at the time the order was placed.
Your purchases are subject to return or exchange in accordance with our Refund Policy.
You confirm that your purchases are for your own personal or household use and not for commercial resale or export.
Section 4 - Prices and Billing
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be shown in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online store may differ from prices offered in physical stores or through third parties. We may offer promotions from time to time, which may be governed by separate terms and conditions. If there is a conflict between the terms for a promotion and these Terms of Service, the promotion terms will apply.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to update your account and other information promptly, including your email address and payment details, so that we can complete your transactions and contact you as needed.
You confirm that the payment information you provide is true, correct and complete, that you are authorised to use the payment method provided, and that you will pay all charges incurred at the posted prices, including shipping, handling charges and applicable taxes.
Section 5 - Shipping and Delivery
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing or events outside our control.
Section 6 - Intellectual Property
Our Services, including but not limited to all trademarks, brand assets, text, images, graphics, product reviews, video, audio, layout and design, are owned by Rosie Sugden, its affiliates or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store or transmit any material from the Services without our prior written consent.
Nothing in these Terms grants you a licence or other rights under any trademark, copyright or other intellectual property of Rosie Sugden, Shopify or any third party. All rights not expressly granted are reserved by Rosie Sugden.
Rosie Sugden’s names, logos, product names, service names, designs and slogans are trademarks of Rosie Sugden or its affiliates or licensors. You must not use these without prior written permission. Shopify’s name, logo, product names, service names, designs and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs and slogans are the trademarks of their respective owners.
Section 7 - Optional Tools
You may be provided with access to tools offered by third parties as part of the Services. We do not monitor, control or have input over these tools.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider.
We may also offer new features through the Services in future. Such new features shall also be deemed part of the Services and subject to these Terms of Service.
Section 8 - Third-Party Links
The Services may contain materials and links to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. If you choose to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of third-party websites, or your purchase or use of products, services, resources or content on third-party websites. Please review third-party policies and practices carefully before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.
Section 9 - Relationship with Shopify
Rosie Sugden is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with Rosie Sugden.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Rosie Sugden, including any injury, damage or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Rosie Sugden.
Section 10 - Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services may be transmitted to and shared with Shopify and third parties that may be located in other countries. Please review our Privacy Policy for more details on how we, Shopify and our partners use your personal information.
Section 11 - Feedback
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content, collectively referred to as “Feedback”, you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.
You confirm that you own or have all necessary rights to all Feedback, that you have disclosed any compensation or incentives received in connection with your submission, and that your Feedback will comply with these Terms.
We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback or respond to Feedback. We may, but have no obligation to, monitor, edit or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your Feedback will not contain unlawful, abusive or obscene material, or contain any computer virus or malware. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of Feedback. You are solely responsible for any Feedback you make and its accuracy.
Section 12 - Errors, Inaccuracies and Omissions
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time, including after you have submitted your order.
Section 13 - Prohibited Uses
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:
- For any unlawful or malicious purpose
- To violate any laws, regulations, rules or local ordinances
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others
- To harass, abuse, insult, harm, defame, slander, disparage or intimidate any person
- To transmit false or misleading information
- To upload, download or use any material that does not comply with these Terms
- To transmit advertising or promotional material, including junk mail, chain letters or spam
- To impersonate any person or entity
- To engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that may harm Rosie Sugden, Shopify or users of the Services
You also agree not to upload or transmit viruses or malicious code, reproduce or exploit any portion of the Services, collect or track personal information of others, spam, phish, scrape, use automated tools or interfere with the security or authorisation features of the Services.
We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
Section 14 - Agents
14.1
This section (“Agent Terms”) applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services.
“Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of, or using, a person’s device without direct supervision.
14.2
No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in Section 14.4 below.
In addition, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any Service.
14.3
We may limit, including by technical measures, whether and how any Agent accesses, uses and interacts with the Services.
14.4
Agents must:
(i) In all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request’s user agent string: “Agent/[agent name]”.
(ii) Not conceal or obfuscate that any access, use or interactions are from an Agent, such as by:
(a) Mimicking human behaviour and interaction patterns; or
(b) Completing or circumventing CAPTCHAs or measures intended to distinguish computer use from human use.
(iii) Respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or a computer.
(iv) Not circumvent or otherwise avoid any measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.
Section 15 - Termination
We may terminate this agreement or your access to the Services, or any part of them, at our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination:
- Intellectual Property
- Feedback
- Termination
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Severability
- Waiver
- Entire Agreement
- Assignment
- Governing Law
- Privacy Policy
Any other provisions that by their nature should survive termination shall also remain in effect following termination.
Section 16 - Disclaimer of Warranties
The information presented on or through the services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the services, or by anyone who may be informed of any of its contents.
Except as expressly stated by Rosie Sugden, the services and all products offered through the services are 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.
We do not guarantee, represent or warrant that your use of the services will be uninterrupted, timely, secure or error-free. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you.
Section 17 - Limitation of Liability
To the fullest extent provided by law, in no case shall Rosie Sugden, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, 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
- Any similar damages
Whether based in contract, tort (including negligence), strict liability or otherwise, arising from:
- Your use of any of the Services;
- Any products procured using the Services; or
- Any other claim related in any way to your use of the Services or any product.
This includes, but is 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 Services or any content (or product) posted, transmitted or otherwise made available via the Services,
even if advised of the possibility of such damages.
Section 18 - Indemnification
You agree to indemnify, defend and hold harmless Rosie Sugden, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of:
- Your breach of these Terms of Service or the documents they incorporate by reference;
- Your violation of any law or the rights of a third party; or
- Your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced.
We may control the defence and settlement of such claim at your expense, including the choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld).
You will cooperate in the defence of indemnified claims, including by providing relevant documents.
Section 19 - 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.
The unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 20 - Waiver; Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any prior versions of these Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 21 - Assignment
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void.
We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.
Section 22 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Scotland.
You and Rosie Sugden agree that the Scottish courts shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms of Service or the Services.
Section 23 - Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 24 - Changes to 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, in 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. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice.
Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 25 - Contact Information
Questions about the Terms of Service should be sent to us at info@rosiesugden.com.
