Terms of service

OVERVIEW

Welcome to Rossélle! The terms “we”, “us” and “our” refer to Rossélle. Rossélle 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 (the “Services”). Rossélle is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) 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 represent that you are at least the age of majority in your state of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information.

You represent and warrant that all the information you provide in our stores 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 of your account activity. 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 stores.

However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion.

We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Rossélle reserves the right to accept or decline your order for any reason at its discretion.

Your order is not accepted until Rossélle confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as Rossélle may be unable to accommodate cancellation requests after an order is accepted.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant 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 set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores.

You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that:
(i) the payment information you provide is true, correct, and complete;
(ii) you are duly authorized to use such payment method;
(iii) charges incurred by you will be honored by your payment provider;
(iv) you will pay charges incurred by you at the posted prices, including shipping and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery times are estimates only and are not guaranteed.

Rossélle is not responsible for delays caused by shipping carriers, customs processing, weather conditions, or other circumstances outside of our control.

Once products are transferred to the shipping carrier, risk of loss may pass to the customer in accordance with applicable law.

For additional information regarding shipping times and delivery details, please review our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Rossélle, 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 of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent.

Rossélle names, logos, product and service names, designs, and slogans are trademarks of Rossélle or its affiliates or licensors.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools that we neither monitor nor have control over.

You acknowledge and agree that such tools are provided “as is” and “as available” without warranties or conditions of any kind.

Any use by you of optional tools offered through the site is entirely at your own risk.

SECTION 8 - THIRD-PARTY LINKS

Our Services may contain materials and hyperlinks 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.

Any access to third-party websites is done at your own risk.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Rossélle is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases made through our store are transactions directly between you and Rossélle.

Shopify is not responsible for any aspect of transactions between you and Rossélle.

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.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content, you grant us a license to use such Feedback to operate, improve and promote our Services.

You represent and warrant that you own or have all necessary rights to the Feedback you provide.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability.

We reserve the right to correct errors, update information or cancel orders if any information is inaccurate.

SECTION 13 - PROHIBITED USES

You may not use the Services:

(a) for any unlawful purpose;

(b) to violate federal and state laws and regulations;

(d) to harass, abuse or harm others;

(e) to transmit false or misleading information;

(f) to interfere with the operation or security of the Services.

SECTION 14 - TERMINATION

We may terminate your access to the Services at our discretion if you violate these Terms.

The provisions regarding intellectual property, disclaimers, limitations of liability, indemnification and governing law survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

The Services and products provided through the Services are offered on an “as is” and “as available” basis.

We do not guarantee that the Services will always be uninterrupted, secure or error-free.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, Rossélle and its affiliates shall not be liable for indirect, incidental, punitive or consequential damages arising from your use of the Services or products purchased through the Services.

SECTION 17 - INDEMNIFICATION

You agree to indemnify and hold harmless Rossélle, Shopify, and our affiliates from claims arising from your violation of these Terms or misuse of the Services.

SECTION 18 - SEVERABILITY

If any provision of these Terms is determined to be unlawful or unenforceable, the remaining provisions will remain valid.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

These Terms and any policies posted on our website constitute the entire agreement between you and Rossélle.

SECTION 20 - ASSIGNMENT

You may not transfer these Terms without our written consent.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide Services shall be governed by the laws of the State of New Mexico, United States.

You consent to the jurisdiction of the state and federal courts located in New Mexico.