Terms of service

OVERVIEW
Welcome to Oh Rosewood! The terms ‘we’, ‘us’ and ‘our’ refer to Oh Rosewood. Oh Rosewood operates this shop and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalised shopping experience (the ‘Services’). Oh Rosewood is powered by Shopify, enabling us to provide the Services to you.

The terms and conditions set out below, including all policies referred to herein (the ‘Terms of Service’ or ‘Terms’), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and cover topics such as 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 the Privacy Policy, you are not permitted to access or use our Services.

ARTICLE 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age under the laws of the state or province in which you reside and that you have given us permission to allow any minor family members to use the Services on devices that you own, purchase or manage.
In order to use the Services, including visiting or browsing our online shops or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and your billing, payment and delivery details. You represent and warrant that all information you provide in our shops is accurate, up to date and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account login details and for all activities on your account. You may not transfer, sell, assign or licence your account to anyone else.

ARTICLE 2 – OUR PRODUCTS
We strive to provide as accurate a description as possible of our products and services in our online shops. However, please bear in mind that the colours and appearance of the product may differ from how they are displayed on your screen. This is due to the type of device you are using to access the shop and the settings and configuration of that device.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or correspond to the display or description in our online shop.
All product descriptions may be amended at any time and without prior notice at our sole discretion. We reserve the right to discontinue the sale of a product at any time and may limit the quantities of products we offer per person, geographical region or jurisdiction on a case-by-case basis.

ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. Oh Rosewood reserves the right to accept or refuse your order at its sole discretion for any reason whatsoever. Your order is only accepted once Oh Rosewood has confirmed it. We must have received and processed your payment before your order is accepted. Please check your order carefully before submitting it. Oh Rosewood may not be able to honour a request for cancellation once your order has been accepted. In the event that we do not accept, amend or cancel an order, we will endeavour to notify you by contacting you via the email address, billing address and/or telephone number you provided during the ordering process.
You may only return or exchange purchases in accordance with our refund policy.
You represent and warrant that your purchases are intended for personal use or use within your household and not for commercial resale or export.

ARTICLE 4 – PRICES AND INVOICING
Prices, discounts and promotions are subject to change without prior notice. The price charged for a product or service is the price applicable at the time you place your order. This price is stated in the confirmation email you receive after placing your order. Unless expressly stated otherwise, the prices quoted are exclusive of taxes, delivery charges, handling fees, customs duties and import duties.
The prices displayed in our online shops may differ from those in physical shops, or in online shops or other shops managed by third parties. We may from time to time offer promotions for the Services which may affect pricing and to which terms and conditions apply that are separate from these Terms. In the event of any discrepancy between the terms of a promotion and these Terms, the promotion terms shall prevail.
You agree to provide current, complete and accurate purchase, payment and account details for all purchases you make in our shops. You agree to update your account and other details, including your email address, credit card numbers and credit card expiry dates, immediately upon any change, so that we can process your transactions and contact you if necessary.
You represent and warrant that (i) the credit card details you provide are accurate, correct and complete; (ii) you are authorised to use the credit card for purchases; (iii) your expenditure is authorised by the credit card company; and (iv) you will pay the charges incurred in accordance with the prices displayed, including delivery charges, handling fees and all applicable taxes, where applicable.

ARTICLE 5 – SHIPPING AND DELIVERY
We are not liable for delays in shipping and delivery. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance or events beyond our control. Once we have handed over the products to the carrier, ownership and the risk of loss are transferred to you.

ARTICLE 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brand names, text, displays, images, graphic elements, product reviews, video and audio, and the design, selection and arrangement thereof, are the property of Oh Rosewood, its affiliates or licensors, and are protected by patent, copyright and intellectual property laws in the United States and other countries.
These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material within the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants you a licence or any other rights under any patent, trademark, copyright or other intellectual property of Oh Rosewood, Shopify or any third party. Unauthorised use of the Services may constitute a violation of federal and national intellectual property laws. All rights not expressly granted in these Terms are reserved by Oh Rosewood.
The names, logos, product names, service names, design elements and slogans of Oh Rosewood are trademarks of Oh Rosewood or its affiliates or licensors. You may not use such trademarks without the prior written consent of Oh Rosewood. The name, logo, product names, service names, design elements and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements and slogans within the Services are trademarks of their respective owners.

ARTICLE 7 – OPTIONAL TOOLS
You may be able to access customer tools provided by third parties as part of the Services. We do not monitor these tools and have no control over or influence on them.
You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever for any loss or damage arising from or in connection with your use of third-party optional tools.
You use optional tools offered via the site entirely at your own risk and discretion. You must ensure that you are aware of and agree to the terms and conditions under which the tools are provided by the relevant third party or parties.
We may also offer new features via the Services in the future (including the release of new tools and resources). Such new features shall also be deemed part of the Services and shall be subject to these Terms of Service.

ARTICLE 8 - LINKS TO THIRD PARTIES
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.
We are not liable for any damage or adverse consequences arising from your visit to third-party websites, or from your purchase or use of products, services, resources or content on third-party websites. Please read the third party’s policies and practices carefully and ensure you understand them before entering into any transaction. If you have any complaints, claims, concerns or questions regarding third-party products and services, you must contact the relevant third party directly.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY
Oh Rosewood uses Shopify to provide you with the Services. However, all sales and purchases you make in our shop are handled directly with Oh Rosewood. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Oh Rosewood, including injury, damage or loss resulting from purchased products and services. You hereby expressly indemnify Shopify and its affiliates against all claims, damages and liabilities that may arise from or relate to your purchases from and transactions with Oh Rosewood.

ARTICLE 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, which you can view here. By using the Services, you confirm that you have read the relevant Privacy Policy.
As 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 to you. Information you submit to the Services is transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than the one in which you reside, so that they can provide services to you. Please read our Privacy Policy for more information on how we, Shopify and our partners use your personal information.

ARTICLE 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit, you grant us a perpetual, worldwide, sub-licensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. We may use our rights under this licence, for example, to operate, provide, evaluate, improve and promote the Services, and to fulfil our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that (i) you are the owner of all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you have received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are not, and shall not be, obliged to (1) keep your Feedback confidential; (2) pay any compensation for your Feedback; or (3) respond to your Feedback.
We may monitor, edit or remove Feedback that we, in our sole discretion, determine to be unlawful, offensive, threatening, defamatory, abusive, pornographic, obscene or otherwise unacceptable, or that infringes the intellectual property rights of any party or these Terms of Service, but we are under no obligation to do so.
You agree that your Feedback does not infringe the rights of third parties, including copyright, trade marks, privacy rights, personality rights and other personal or proprietary rights. You further agree that your Feedback does not contain any defamatory or otherwise unlawful, offensive or obscene expressions, nor any computer viruses or other malware that may in any way affect the operation of the Services or related websites. You must not use a false email address, impersonate anyone else or otherwise mislead us or third parties as to the origin of the Feedback. You are solely responsible for the Feedback you submit and for its accuracy. We are not responsible and accept no liability whatsoever for Feedback posted by you or any third party.

ARTICLE 12 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, information relating to or contained within the Services may contain typographical errors, inaccuracies or omissions. This information may relate to product descriptions, prices, promotions, offers, delivery charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information. We may also cancel orders if relevant information is incorrect, at any time and without prior notice (including after you have placed an order).

ARTICLE 13 – PROHIBITED USE
You may only use the Services for lawful purposes. You must not, either directly or indirectly, access or use the Services (a) for unlawful or harmful activities; (b) to violate any international, national, federal or provincial laws, regulations, provisions or local by-laws; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage or intimidate our employees or other persons; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use or reuse material that does not comply with these Terms; (g) to send or cause to be sent advertising or promotional material, including junk mail, chain letters, spam and other similar methods; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to otherwise engage in any activity that restricts or inhibits any other person’s use of the Services, or which, as determined by us, may be harmful to Oh Rosewood, Shopify or users of the Services, or expose them to liability.
Furthermore, you agree not to do the following: (a) upload or transmit viruses or any other form of malicious code that in any way affects or may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) use spam, phishing, pharm, pretext, spider, crawl or scrape; and (e) disrupt or circumvent the security features of the Services, related websites, other websites or the internet. We reserve the right to suspend, disable or terminate your account at any time and without prior notice if we determine that you have breached any provision of these Terms.

ARTICLE 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time and without prior notice. You remain liable for all amounts due up to and including the date of termination.
The following articles shall remain in force even after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnity, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and all other provisions which, by their nature, are intended to remain in force after termination.

ARTICLE 15 – DISCLAIMER OF WARRANTIES
The information provided on or via the Services is made available solely for general information purposes. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim all liability and responsibility arising from the reliance placed on such information by you, other visitors to the Services and any other persons aware of its content.
UNLESS EXPRESSLY STATED BY Oh Rosewood, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. IN SOME JURISDICTIONS, THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED. THE ABOVE EXCLUSION MAY THEREFORE NOT APPLY TO YOU.

ARTICLE 16 - LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, Oh Rosewood, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR A PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, ERRORS OR OMISSIONS IN THE CONTENT, OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR CONTENT THAT (OR A PRODUCT THAT) HAS BEEN POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ARTICLE 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Oh Rosewood, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against all costs relating to losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party arising out of or in connection with (1) your breach of these Terms of Service or documents incorporated herein by reference; (2) your breach of any law or the rights of any third party; or (3) your access to and use of the Services.
We will notify you in the event of a claim giving rise to an indemnity, provided that failure to give timely notice shall not relieve you of your obligations, unless you are materially prejudiced thereby. We may arrange the defence and settlement of such a claim at your expense, including the engagement of a solicitor, but we will not settle claims requiring you to accept non-monetary obligations without your consent (which you may not withhold on unreasonable grounds). You are obliged to cooperate in the defence of claims giving rise to a right of indemnity, including by providing relevant documents.

ARTICLE 18 – SEVERABILITY
If any provision of these Terms of Service is held to be unlawful, void or unenforceable, that provision shall nevertheless remain enforceable to the extent permitted by applicable law. The unenforceable part shall be deemed to be severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of the remaining provisions.

ARTICLE 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision under 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 of the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service. These Terms supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafter.

ARTICLE 20 – ASSIGNMENT
You may not delegate, transfer or assign this Agreement or your rights or obligations under these Terms to any other party without our prior written consent. Any attempt to do so shall be deemed null and void. We may transfer, assign or delegate these Terms and our rights and obligations to any other party without your consent or notice to you.

ARTICLE 21 – GOVERNING LAW
These Terms of Service and any separate agreements pursuant to which we provide our Services to you are governed by and shall be construed in accordance with the federal and state or provincial courts in the jurisdiction where Oh Rosewood has its head office. You and Oh Rosewood consent to the venue and personal jurisdiction of such courts.

ARTICLE 22 – HEADINGS
The headings used in this agreement are for information purposes only and do not limit or affect these Terms and Conditions in any way.

ARTICLE 23 – CHANGES TO THE TERMS AND CONDITIONS
You can view the most recent version of the Terms and Conditions on this page at any time.
We reserve the right, at our sole discretion, to update, amend or replace any part of these Terms of Service. We will post updates and changes on our website. It is your responsibility to check our website regularly for any changes. We will send you a notification regarding material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notification. If you continue to access or use the Services after changes have been made to these Terms of Service, this means that you accept these changes.