Terms of Use
1. INTRODUCTION
This document lays out the conditions governing the use of this website and the purchase of products in the same (hereinafter the "Conditions").
Please read the Conditions carefully before using this website. By using this site or placing an order through this site, you agree to be bound by these Conditions; therefore if you do not agree with all the Conditions, you should cease the use of this site.
These Conditions may be amended. It is your responsibility to read them regularly, because the conditions in force at the time of usage of the site or execution of the Agreement (as defined below) will be the conditions applicable to you.
2. USE OF OUR WEBPAGE
By using this website and placing orders through the same you agree:
1. To use this website only to make inquiries or place orders that are legally valid.
2. Not to place any false or fraudulent order. If we can reasonably determine that an order is false or fraudulent, we will be entitled to cancel the order and report it to the relevant authorities.
3. To provide us with your true email address, mailing address and/or other contact information. You also agree that we may use that information to contact you.
If you do not provide us with all the necessary information, we will not be able to process your order.
By placing an order through this website, you declare to be older than 18 years old and to have legal capacity to enter into agreements.
3. SERVICE AVAILABILITY
The articles that are displayed throughout the website can be sent to the following countries:
Australia, Austria, Belgium, Canada, Finland, France, Germany, Guernsey, Hong Kong, Iceland, Ireland, Israel, Italy, Japan, Jersey, Liechtenstein, Luxembourg, Malta, Netherlands, New Zealand, Norway, Poland, Portugal, Singapore, South Africa, Spain, Sweden, Switzerland, United Kingdom and United States.
4. EXECUTION OF THE AGREEMENT
The information contained in these Conditions and the details contained in this website do not constitute an offer to sell, but an invitation to tender. No agreement will exist between you and us in respect of any product unless and until we accept your order. If your tender is not accepted and a charge has already been made to your account, it will be refunded in full. To place an order, you must follow the online purchasing procedure and click on "Purchase". Soon thereafter you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted; since it is an offer you make us to buy one or more products. All orders are subject to our acceptance, which will be notified through an email confirming that the product has been dispatched (the "Shipping Confirmation"). The agreement between you and us for the purchase of a product (the "Agreement") will be formalised only upon our sending the Shipping Confirmation to you.
The Agreement will only refer to those products listed in the Shipping Confirmation. We will not be obliged to supply any ordered product until shipping has been confirmed by means of a Shipping Confirmation.
5. AVAILABILITY OF PRODUCTS
All orders are subject to availability of products. If difficulties arise in respect of the supply of products, or if any particular product is not in stock, we reserve the right to inform you about substitute products with the same or higher quality, which you will be able to order. If you do not want to order any of those substitute products, we will refund any prepaid amount.
6. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and to remove, or modify any material or content thereof. Although we will do our best to always process all orders, exceptional circumstances may require us to refuse processing an order after sending the Order Confirmation, therefore we reserve the right to do so at any time, in our sole discretion. We will not be liable to you or to any third party for removing any product from this website, regardless of whether the product has been sold or not, for removing or modifying any material or web page content, or for refusing to process an order after having sent you the Order Confirmation.
7. SHIPPING AND DELIVERY
We ship all orders via Royal Mail Special delivery within the UK and Royal Mail Tracked and Signed in Europe. Items are fully insured.
The items will be shipped to the delivery address that the client has indicated when placing the order.
Once the order has been dispatched from our warehouse, an e-mail will be sent to the client notifying him/her of the order’s dispatch and his/her Royal Mail tracking number. The order will be sent to the delivery address that the client has stated on the checkout page - it is important that the client ensures that address details are correct as these cannot be modified, “Rosa Macher” cannot be held liable for lost orders related to an incorrect address or incomplete information entered on an order.
The client will be able to track the progress of their order using the tracking number provided in the shipping confirmation email. For security reasons Rosa Macher will not send orders to post boxes nor will it accept an order when it is not possible to identify the person making the order or the address. The liability of the items of Rosa Macher will be transferred to the client once the order has been delivered.
8. DELIVERY FAILURE
If, after exhausting all Royal Mail delivery options, the parcel has not been delivered for reasons not attributable to us, we will understand that you want to cancel the Agreement and it will therefore be terminated. Following said termination, we will refund you the price paid for such products as soon as possible and in any event within a maximum of 30 days from the date in which we deem the Agreement to be terminated. In such case, we will be authorised to charge you the transportation costs arising from the shipping and termination costs. This excludes made to order garments where a refund is not possible.
9. PASSING OF PRODUCT OWNERSHIP AND PASSING OF RISK
You will bear all risks associated with the products from the moment of their delivery. You will acquire the ownership of the products the moment we receive full payment of all amounts payable in respect of them, including shipping costs, or at the time of delivery (as defined in clause 8 above) if delivery takes place at a later time.
10. PRICE AND PAYMENT
The price of each product will be as quoted on our website, except in cases of obvious error. Although we do our best to ensure that all prices listed on the website are accurate, errors may occur. If we find an error in the price of any product you have ordered, we will inform you as soon as possible and give you the option to either reconfirm your order at the correct price or cancel it. If we are unable to contact you, the order will be deemed as cancelled and you will receive a full refund of the amounts you have prepaid.
We are under no obligation to supply you with any product at the incorrect lower price (even after we have sent you a Shipping Confirmation) if the pricing error is obvious and unequivocal and could have reasonably been recognised by you as a mis-priced.
All prices on this website are without VAT as Rosa Macher is not VAT Registered. Shipping costs will be added to the total payable amount as described in our Shipping & Returns guide. Prices may change at any time but (except as stated above) eventual changes will not affect orders for which we have already sent you a Shipping Confirmation.
Once you have finished shopping, all the items you wish to purchase will have been added to your cart and the next step will be the processing of and paying for your order.
You can pay for your order using Visa, MasterCard, American Express and Apple Pay. In order to minimise the risk of unauthorised access, your credit card data will be encrypted. The charge to your card will be made at the point of sale.
11. RETURN/EXCHANGE POLICY
11.1. The right to cancel an order
Once you have received your order, you have 14 days to make a return with the exception of made to order garments where a return is not possible. For all other returns please simply send us an email at hello@rosamacher.com, and let us know which items you wish to return. You (the customer) are responsible for the return postage. We kindly ask you to use a tracked and insured courier, as we cannot be responsible for damages occurred on the return journey.
All returns need to be sent to: Rosa Macher, Thorn Barn, Totnes, TQ9 7NF, UK.
The right to cancellation will be applicable if and when the items returned to Rosa Macher are in the same condition in which they were received, along with the complete original packaging, tags, labels and any other accessory related to the items.
For the shipment of a cancelled order, we recommend that the client uses a safe process and method and via tracked delivery, as the client will be liable for any damages to the item(s) occurred until the return parcel reaches Rosa Macher’s warehouse. Furthermore we recommend that you obtain proof of posting and hold onto it until the parcel has been safely delivered to Rosa Macher’s warehouse.
After receiving a cancelled order at our warehouse we will determine whether the item(s) prove(s) to be in the same condition that it/they were dispatched in. Any Rosa Macher product that is returned faulty, damaged, dirty, used or deteriorated will not be refunded. The product(s) will be available to be sent back to the address the product(s) has/have been shipped from.
If the mentioned conditions are complied with (regarding timeframe, communication and product condition) there will be a total refund (minus cost of shipping out the item(s) in a maximum timeframe of 30 days.
11.2 Return of faulty products
If you think that the item you have received does not comply with the conditions stipulated in the contract, you should get in touch with us providing us with the items’ details as well as the damage that is visible at hello@rosamacher.com.
12. LIABILITY AND DISCLAIMER
Unless otherwise expressly provided in these Terms & Conditions, our liability in connection with any product purchased on our website is strictly limited to the purchase price of said product. Notwithstanding the foregoing, our liability will not be excluded or limited in the following cases:
0. Death or personal injury caused by our negligence;
1. Fraud or fraudulent misrepresentation, or
2. In any case in which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit our liability.
Notwithstanding the preceding paragraph and to the extent permitted by law, and unless these Conditions provide otherwise, we will not accept any liability for the following losses, irrespective of their origin:
iii. Loss of income or sales;
iv. Loss of business;
v. Loss of profits or loss of contracts
vi. Loss of anticipated savings;
vii. Loss of data, and
viii. Loss of processing time or working office hours.
Rosa Macher takes the security of client data very seriously and we take all reasonable steps to ensure it is not compromised. This website is built on the Squarespace platform. It uses Secure Sockets Layer (SSL) technology which provides security benefits relating to privacy, data integrity and authentication. In addition, the checkout page for the purchase of goods uses 128 bit SSL encryption and is Level 1 PCI compliant. We will not be held responsible for inaccuracies or breaches in security that are outside of our control, or we could not reasonably have been expected to foresee or were not due to our proven negligence.
All product descriptions, information and materials contained in this website are provided “as is” and without warranty of any kind, express or implied.
To the extent permitted by law, we hereby exclude all warranties except for those that cannot be excluded under consumer laws.
The provisions of this clause will not affect your statutory rights as a consumer and user or your right to cancel the Agreement.
13. RE-SALE AND DISTRIBUTION
This shopping channel is restricted to consumers or the final recipients of our products, thus any professional activity of re-sale, agency or distribution of our products is prohibited.
14. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you are to be in writing. By using this site, you agree that most of these communications will be in electronic format. We will either contact you by email or provide you with information by posting notices on this website. For contractual purposes, you hereby agree to use this electronic format for communications and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with the legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. NOTICES
In accordance with the provisions of clause 14 above and unless otherwise stated, we may send you notices either by email or to the address provided by you when placing an order.
Notifications will be deemed to have been properly made and received on the moment when we post them on our website, 24 hours after having sent an email, or three days after the posting date of any letter. In order to prove that the notification has been served, it will be sufficient to prove, in the case of a letter, that it contained the correct address, that it was properly submitted to the post office or deposited in a post box and, in the case of emails, that it was sent to the email address specified by the addressee.
16. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Agreement is binding for both parties, you and us, and for our corresponding beneficiaries, assignees and successors.
You may not transfer, assign, encumber or dispose in any other manner of an Agreement and any of your rights or obligations arising under said Agreement without our prior consent in writing.
We may transfer, assign, encumber, subcontract or dispose in any other manner of an Agreement and any of our rights or obligations arising under said Agreement, at any time during the term of the Agreement. For avoidance of doubt, such transfers, assignments, encumbrances or other transfers will not affect the rights (if any) you have as a consumer under the law, nor will they cancel, reduce or otherwise limit the warranties, express or implied, that we could have provided.
17. EVENTS BEYOND OUR CONTROL
We will not be liable for any failure or delay in performance of any of our obligations under an Agreement that is caused by events outside our reasonable control ("Force Majeure Event"). Force Majeure Events will include any act, event, failure, omission or accident beyond our reasonable control and including the following:
0. Strikes, lockouts or other industrial actions.
1. Civil commotions, riot, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war.
2. Fire, explosion, storm, flood, earthquake, land subsidence, epidemics or other natural disaster.
3. Inability to use trains, ships, aircrafts, motorised transports or other means of transportation, either public or private.
4. Inability to use of public or private telecommunications systems.
5. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
6. Strike, failures or accidents of maritime, fluvial or postal transportation, or another type of transportation.
Our obligations arising from the Agreement will be suspended during the period in which the Force Majeure Event goes on, and therefore we will be granted a deadline extension for compliance with said obligations for a period of time equivalent to the duration of the Force Majeure Event. We will take all reasonable action to put an end to the Force Majeure Event or to find a solution that allows us to fulfil our obligations under the Agreement despite the existence of the Force Majeure Event.
18. WAIVER
Under no circumstance will our failure to demand your strict compliance with any of your obligations under an Agreement or under these Terms & Conditions, or our failure to exercise any of our rights or actions under said Agreement or these Terms & Conditions, will constitute a waiver or limitation on such rights or remedies, and it will not exempt you from compliance with such obligations.
No waiver by us to a specific right or action will constitute a waiver to other rights or actions arising from the Agreement or the Conditions.
No waiver by us to any of the present Terms & Conditions or to the rights and actions arising from the Agreement will become effective unless it is expressly pronounced a waiver and formalised as such, and a notice in writing is served to you.
19. SEVERABILITY
If any of these Terms & Conditions or any provision of an Agreement are declared null and void by a final decision issued by a competent authority, the remaining terms and conditions will remain in effect without being affected by said declaration.
20. ENTIRE AGREEMENT
The present Terms & Conditions and any other document expressly referred to therein constitute the entire agreement between both parties in respect of the subject of the Agreement and supersede any prior agreement, understanding or arrangement between you and us, orally or in writing.
Both parties hereby acknowledge that they have consented to the execution of the Agreement without reliance on any statement or promise made by the other party or which may be inferred from any statement or written document in negotiations between both parties prior to said Agreement, except for that which is explicitly mentioned in these Terms & Conditions.
Neither party will have action in respect of any misrepresentation made by the other party, orally or in writing, prior to the date of the Agreement (except in case of fraudulent misrepresentation), the only action that this party will have is an action for breach of contract in accordance with the provisions of these Terms & Conditions.
21. OUR RIGHT TO AMEND THESE CONDITIONS
We have the right to adjust and amend these Terms & Conditions at any time.
You will be subject to the policies, Terms & Conditions in force at the time you make use of this website or at the time you place an order for products, except if we are required by law or a governmental authority to make retroactive changes in these policies, Terms & Conditions or Privacy Statement, in which case said amendments will apply to previous orders placed by you.
22. GOVERNING LAW AND JURISDICTION
The use of our website and agreements for purchase of products through this website will be governed by English law.
Any dispute arising from or related to the use of the website or to said agreements will be subject to the non-exclusive jurisdiction of the English courts and tribunals. If you are contracting as a consumer, nothing in this clause will affect your statutory rights under the current applicable law.
23. COMMENTS AND SUGGESTIONS
Your comments and suggestions are welcome. Please send us your comments and suggestions to hello@rosamacher.com or via our contact form.