Terms of service

TERMS OF SERVICE

OVERVIEW
Welcome to ROSEMARLEY! The terms "we," "us," and "our" refer to ROSEMARLEY. ROSEMARLEY operates this store and website, including all information, content, features, tools, products, and related services, in order to provide you, the customer, with a curated shopping experience (the "Services"). ROSEMARLEY is supported by Shopify, which allows us to provide the Services to you.
The following terms and conditions, along with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using 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 the Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use the Services on devices owned, purchased, or managed by you.
To use the Services, including accessing or browsing our online stores or purchasing products, you may be asked to provide certain information, such as an email address, billing, payment, and shipping details. You represent and warrant that all information provided is correct, current, and complete.
You are solely responsible for maintaining the security of your account credentials and for all activities carried out through your account.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products. However, the colors or appearance of products may differ depending on the device used and screen settings.
We do not guarantee that the appearance or quality of any products or services purchased will meet your expectations or be identical to how they appear in the online store.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. ROSEMARLEY reserves the right to accept or reject the order for any reason. The order is not considered accepted until ROSEMARLEY confirms acceptance. We must receive payment before accepting the order.
Your purchases are subject to return or exchange exclusively in accordance with our Refund Policy.
You represent and warrant that purchases are for 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 will be the one in effect at the time of the order. Unless otherwise stated, prices do not include taxes, shipping, handling, or customs duties.
You agree to provide current, complete, and accurate purchase and account information. You represent that you are authorized to use the payment method provided and that the charges will be honored by your card company.

SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only. We are not responsible for delays caused by carriers, customs procedures, or events beyond our control. Once the products are transferred to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including trademarks, text, images, graphics, and videos, are the property of ROSEMARLEY, its affiliates, or licensors and are protected by copyright and intellectual property laws. Unauthorized use of the Services may constitute a violation of such laws.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we neither monitor nor control. You agree that we provide access to such tools "as is" and "as available," without any warranties. Any use of optional tools is at your own risk and discretion.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of such materials. Any damages related to the purchase of goods or services on third-party sites are not attributable to us.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
ROSEMARLEY is supported by Shopify. However, any sale or purchase made in our Store is directly with ROSEMARLEY. You agree that Shopify is not responsible for any aspect of the sales between you and ROSEMARLEY, including any damages or losses resulting from the products purchased.

SECTION 10 - PRIVACY POLICY
All personal information collected is subject to our Privacy Policy. Since the Services are hosted by Shopify, the latter collects and processes personal information to improve the Services. Details on how we and Shopify use your data are available in our policy.

SECTION 11 - FEEDBACK AND REVIEWS
If you send ideas, suggestions, or reviews (collectively "Feedback"), you grant us a perpetual, royalty-free license to use, modify, and distribute such material in any medium. We reserve the right to remove content that we deem unlawful, offensive, or that violates the intellectual property of third parties.

SECTION 12 - ERRORS AND INACCURACIES
Occasionally there may be information on the Services that contains typographical errors or inaccuracies related to descriptions, pricing, or availability. We reserve the right to correct such errors and to cancel orders if the information is inaccurate, at any time and without notice.

SECTION 13 - PROHIBITED USES
You are prohibited from using the site or its content for unlawful purposes, to violate international or local laws, to harass others, to transmit viruses, or to collect the personal information of others without consent. We reserve the right to suspend your use of the Services for violating any of these prohibitions.

SECTION 14 - AGENTS AND AI
14.1 This section applies if you use an "Agent" (software or service that acts autonomously on your behalf, such as agentic AI) to interact with the Services.
14.2 No Agent may access the Services unless it clearly identifies itself according to the requirements of section 14.4.
14.4 Agents must: (i) identify themselves in HTTP/HTTPS requests with the string "Agent/[agent name]"; (ii) not hide their automated nature by mimicking human behavior or bypassing CAPTCHA systems.

SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services at any time without notice at our sole discretion. Upon termination, you will remain liable for all amounts due up to the date of termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
The Services and all products are provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability or fitness for a particular purpose.

SECTION 17 - LIMITATION OF LIABILITY
In no event shall ROSEMARLEY, its directors, employees, or partners be liable for any direct, indirect, incidental, or consequential damages (including loss of profits or data) arising from the use of the Services or products purchased.

SECTION 18 - INDEMNIFICATION
You agree to indemnify and hold ROSEMARLEY and Shopify harmless from any claim or demand, including legal fees, made by any third party due to your breach of these Terms or any law.

SECTION 19 - SEVERABILITY
In the event that any provision of these Terms is held to be unlawful or unenforceable, such provision shall remain valid to the maximum extent permitted, and the unenforceable portion shall be deemed severed, without affecting the validity of the remaining clauses.

SECTION 20 - ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements.

SECTION 21 - ASSIGNMENT
You may not delegate or assign your rights under these Terms without our written consent. We may assign our rights and obligations without notice.

SECTION 22 - GOVERNING LAW
These Terms of Service are governed by and construed in accordance with the laws of the jurisdiction in which ROSEMARLEY is based.

SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and do not limit or affect these Terms.

SECTION 24 - CHANGES TO TERMS
We reserve the right to update or modify any part of these Terms by posting updates to our website. It is your responsibility to check for changes periodically.

SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to: hello@rosemarley.com.

ROSEMARLEY
Email: hello@rosemarley.com