TERMS AND CONDITIONS
All use of rosadelacruz.com (and any related websites, collectively “the website”) and related services are made available in accordance with the following terms and conditions as well as any other rules posted on the website (collectively, the “TOS”). By placing an order on the website, you agree to accept the TOS in full. Please note the TOS do not affect your statutory rights.
The TOS may be modified at any time. Please read the TOS carefully before placing an order. Only the most recent version of the TOS will be considered valid. If you do not agree with the TOS, you should cease to use or access the website.
If you have any questions relating to the TOS, please contact us before placing an order.
The website rosadelacruz.com and any related websites belong to Rosa de la Cruz Limited (“RDLC”, ‘we’, “us”), a private limited company registered in England at 43 Cadogan Square, London SW1X 0HX with Company number 7119732 and VAT number 984 2238 96. The TOS will apply between you and Rosa de la Cruz Limited when you place an order on the website, and your contract for purchases made through the website is with Rosa de la Cruz Limited.
You undertake that all goods ordered by you are for your own private and domestic use only and not for commercial use or resale.
We reserve the right to only accept orders from those 18 years or over.
You represent and warrant that all details you provide are valid and correct. You confirm that you are the person referred to in the billing information provided and that the credit/debit card you are using is yours or that you have been specifically authorised by the owner to use the card. You further confirm that there are sufficient funds to cover payment of the order. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment, we will not be liable for any delay or non-delivery.
We reserve the right to end our agreement with you at any time and to suspend or terminate your access to the website immediately and without prior notice: a) upon your failure to make payment when due, b) and/or upon breach of the TOS, c) and/or when requested by us, if within a reasonable time, you fail to provide adequate information to permit us to check the accuracy and validity of any information supplied by you or authenticate your identity, d) and/or if we suspect you have engaged, or are about to engage, or otherwise involved in reports or suspicion of fraudulent or illegal activity.
We reserve the right to refuse any order placed for any reason. We may restrict the quantities of an item being shipped to any one customer or address. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors.
When placing an order, you agree that any and all information provided is accurate and complete.
All orders are subject to acceptance and product availability. In the event that an item is not available, we will contact you to place a “Made to Order” purchase normally available 4-6 weeks from time of order to shipment.
Every effort is made to make sure details on the website are accurate. In the unlikely event that we discover an error in the pricing of a product in your order, we will contact you as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price, and reserve the right to cancel such an order that has been accepted or is in transit.
We reserve the right to modify prices and delivery costs at any time without prior notice.
All orders are subject to acceptance and availability, and items in your basket are not reserved and may be purchased by other customers. Once your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received it. You must check that all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect. If your order has not been accepted, you will receive an email explaining the reason. Unless you cancel your order, acceptance of your order and completion of the contract between you and RDLC will be completed when we email you to confirm the goods have been dispatched.
All prices shown on our website are in GBP (£) and inclusive of VAT based on UK delivery. For international shipments, custom duties and/or tax based on your shipping destination will be calculated and included at checkout. All deliveries outside of the UK will have their VAT removed from the price of the good.
All delivery times provided are approximate, and we cannot be liable for any delays in delivery. Goods will be sent to the address given by you in your order. Please note international shipments may be subject to cross-border inspections by customs authorities.
Purchases are insured during the time in transit until delivered to the specified delivery address. We require a signature for any goods delivered, at which point responsibility for purchased goods passes to the customer. If you have specified a third party recipient for delivery purposes (for example as a gift) then you accept that evidence of a signature by them or third party at that delivery address is evidence of delivery and fulfilment of our contract and transfer of responsibility as above. The goods are your responsibility from the time we deliver them to the address provided.
You can return any item in its original and unused condition for a refund within 14 days of receiving your order. We will only accept items with Rosa de la Cruz London tags still attached and all original packaging included.
Please contact email@example.com to process an order return.
All shipping return costs are the responsibility of the customer.
All goods will be inspected on return, and in the unlikely event that an item is returned to us in an unsuitable condition, we may return it to the customer.
Bespoke orders are Final Sale and not eligible for refund or return. In addition, all items marked FINAL SALE are not eligible for refund or return.
You can return any item that is faulty or defective through our error for replacement within 1 year of the original order as per the terms of our Warranty.
We will not pass on your personal, credit or debit card details to any third party. You understand that any personal content but not including any of your credit or debit card details may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit or debit card information will always be encrypted on transfer.
We will never ask for personal details via email. If you receive an unsolicited email asking you for your details, please delete and contact us immediately.
We pride ourselves on good customer service. If you have a dispute with RDLC, please contact us, and we will do our best to resolve any issues.
Except as set out below, we do not accept liability for any errors and/or omissions contained in the website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time without notice.
We have taken every measure to provide accurate product images for each product for sale on the website. However, due to a number of factors such as different browsers and monitors, we cannot be held responsible or liable for any differences in colour between the image and the actual product.
The products sold on the website are provided for private domestic and consumer use only. We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the website or for any products or services purchased from RDLC.
We take reasonable care to keep our website, the details of your order and payment secure. In the absence of negligence on our part, we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
We will not be liable to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer.
We will not be liable, in contract, tort including, without limitation, negligence, pre-contract or other representations other than fraudulent or negligent misrepresentations or otherwise out of or in connection with the conditions for:
Any economic losses including without limitation loss of revenues, profits, contracts, business or anticipated savings; or
Any loss of goodwill or reputation; or
Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the TOS.
Nothing in the TOS shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
BREACH AND COMPENSATION
You agree to compensate us in full, defend us, and hold us harmless immediately on demand, our officers, directors, agents, affiliates, licensors and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing the website using your Internet account caused by your action or inaction.
INTELLECTUAL PROPERTY RIGHTS
Use of the website and its contents grants no rights in relation to any copyright, designs, trademarks and all other intellectual property and material rights. All rights in the content of the website are property of Rosa de la Cruz Limited. You agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store, transmit, show or play in public, adapt or change in any way the content of the website for any other purpose whatsoever without the prior written permission of Rosa de la Cruz Limited.
THIRD PARTY INFORMATION
We cannot be held responsible for material displayed on third party websites or any other written material. The only prices that apply for RDLC products are those stated on the website. We cannot vouch for the reliability of prices stated on shopping directories or through any other third party.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the TOS shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
The TOS govern our agreement with you. You confirm that, in agreeing to accept the TOS, you have not relied on any representation except where that representation has been made a term of the TOS and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by the TOS. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the TOS.
The TOS shall be governed by and construed in accordance with the laws of England, and you irrevocably submit to the exclusive jurisdiction of the courts of England.