PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.
PRODUCTS, CONTENT AND SPECIFICATIONS
All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colour you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products on this Website at a particular time does not imply or warrant that these products will be available at any time.
ACCURACY OF INFORMATION
We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Website. For example, products included on the Website may be unavailable or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice. We will correct any pricing errors on the Website when discovered.
PLACING AN ORDER; ACCEPTANCE
Please follow the instructions on the Website to place you orders. Your order constitutes an offer to us to buy the products and services. After receiving an order, we will send you an e-mail acknowledging that we have received your order (“Order Confirmation”). While it is our practice to confirm orders by email, the receipt of an email Order Confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). A contract with us will be formed only when you receive the Shipping Confirmation. The contract will relate only to those products and services whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products or services which may have been part of your order in the same or a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the products or services are no longer in our inventory. We also reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We may also require verification of information prior to the acceptance and/or shipment of any order.
USE OF WEBSITE
The Website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website, including but not limited to text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages, are either the property of, or used with permission by Rose and Bare, and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorised use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
THIRD PARTY LINKS
From time to time, this Website may contain links to Websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Website, or any content, materials or other information located or accessible from such Websites, or the results that you may obtain from using such Websites. If you decide to access any other Website linked to or from this Website, you do so entirely at your own risk.
SWEEPSTAKES AND CONTESTS
From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the Website. Each of these activities shall be governed by specific rules accessible from the pages of the Website offering the promotion.
SUBMISSIONS; SITE CONDUCT
From time to time, you may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Website. By posting, transmitting or sending us any material or content, you agree to grant to us an irrevocable, royalty-free, perpetual, sub-licencable, assignable, non-exclusive right and licence throughout the world to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, digitally perform, publicly perform and display the material or content and/or incorporate the material or content in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without either (i) compensation to you or (ii) your prior approval.
By submitting or sending content or material to the Website you also represent and warrant that (i) the content and material is original to you, (ii) no other party has any rights to the content or material, (iii) the content and material is not subject to any obligation of confidentiality, attribution or otherwise and that we shall not be liable for any use or disclosure of the content or material and (iv) any so-called "moral rights" associated with the content or material have been waived. We shall have the right in our sole discretion to edit, refuse to post or to remove any material submitted to or posted on the Website that we find to be in violation of these terms and conditions or that we otherwise find objectionable or inappropriate for any reason in our sole discretion. You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on the Website.
Gift certificates can only be redeemed via purchases made on the Website, and are not redeemable for cash. Any unused balance will be placed in the recipient’s gift certificate account and is not transferable. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. We are not responsible for lost or stolen gift certificates. In the event a gift certificate code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such gift certificate.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
LIMITATIONS OF LIABILITY
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website or your downloading of any materials, from this Website.
REVISIONS TO THESE TERMS AND CONDITIONS
We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
These Terms and Conditions of Use represent the entire understanding between User and Rose and Bare regarding User’s relationship with the Websites and supersedes any prior statements or representations. USER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE by using the Websites. Rose and Bare reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice.
These Terms and Conditions of Use represent the entire understanding between User and Rose and Bare regarding User’s relationship with the Web Sites and supersedes any prior statements or representations. USER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE by using the Web Sites. Rose and Bare reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice.
Rose and Bare PTY LTD is committed to respecting and protecting your privacy. Our goal is to be clear about what information we collect and how we use and protect your personal information.
We truly hope that you will take time to read it through as we have no other goal but to maintaining your privacy. Please remember that you can manage your information and protect your privacy anytime by, for instance, viewing and editing your information in your account or controlling what kind of cookies are used when you visit our website.
A LITTLE REMINDER ABOUT ROSE AND BARE
LAWS AND REGULATIONS
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au
This Policy is based on the following principles:
Personal data shall be processed lawfully, fairly and transparently;
Personal data shall only be collected for specific, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
Personal data shall be adequate, relevant and limited to what is necessary for processing;
Personal data shall be accurate and, where necessary, kept up to date with every effort to erase or rectify without delay;
Personal data shall be kept in a form such that the data subject can be identified only as long as is necessary for processing;
Personal data shall be processed in a manner that ensures the appropriate security;
Personal data shall not be shared with third parties except when necessary in order for them to provide services upon agreement;
Data subjects must easily exercise their rights.
What is Personal Information and why do we collect it? Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.
This Personal Information is obtained in many ways including making a purchase, setting up an account or joining the mailing list, via our website www.roseandbare.com. We don’t guarantee website links or policy of authorised third parties. We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing. When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
WHEN DO WE COLLECT YOUR DATA?
A. WHEN YOU SET UP AN ACCOUNT
B. WHEN YOU MAKE A PURCHASE
C. WHEN YOU INTERACT WITH OUR WEBSITE
D. WHEN YOU CONTACT US
E. WHEN YOU ENTER OUR COMPETITIONS
*When we rely on the ‘legitimate interests’ condition, Rose and Bare will always meet the following requirements:
We must process the information for the purposes of our legitimate interests or for those of a third party to whom we disclose it;
The above interests must be balances against your interests. The “legitimate interests” condition will not be met if the processing is unwarranted because of its prejudicial effect on your rights and freedoms, or legitimate interests. Rose and Bare’s legitimate interests do not need to be in harmony with those of the individual for the condition to be met. However, where there is a serious mismatch between competing interests, your legitimate interests will always come first.
If you happen to purchase or willingly give us your email address, you will receive marketing messages by email and/or SMS.
These marketing messages are only meant to warn you about our current and next offers.
You can of course decide to unsubscribe from us at any time.
How do you unsubscribe from marketing communications?
By following instructions given at the end of the SMS message
By contacting our Customer Care Service
By clicking on the unsubscribe link at the end of the email
By contacting our Customer Care Service
USE OF DATA FOR ADVERTISING PURPOSES
We happen to use data collected during your visit to create banners and ads when you visit other third websites. Those ads are created via pixels and are based on information we hold about you (such as search history) which explains why you will be able to see ads matching items that are similar to those you have checked out on our website.
All information use to create those ads are pseudonymised and we will never use data that clearly identify you.
SHARING YOUR INFORMATION
We will never sell your personal data to any third party.
However, we may share your personal information with companies who are experts in their field and assist us in operating the website, conducting our business or servicing you.
Do not worry though! Each of our service providers have been selected by us for their ability to provide the particular services needed, including their ability to handle your personal information. All those providers provide sufficient guarantees to implement the technical and organisational measures necessary to meet the requirements of the GDPR and our own.
We share your personal information in the following cases:
To any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries;
In the event that we sell or buy any business or assets, data may be disclosed to the prospective seller or buyer of such business or assets;
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and Conditions and other agreements; or to protect the rights, property, or safety of Rose and Bare, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;
If we are processing it on behalf of a customer;
To companies for the performance of any contract we enter into with you or them and that help us provide our services adequately such as, payment service providers, delivery companies or our warehouse.
To other professional services companies such website hosts, advertising/marketing agencies and analytics or search engine providers helping us run, improve and optimise the Website or helping us store your data.
With your express consent.
WHAT ARE YOUR RIGHTS?
At any point while we are in possession of or processing your personal data, your rights are as follows:
TO ACCESS WHAT PERSONAL INFORMATION IS HELD IDENTIFICATION WILL BE REQUIRED
Where you request access to your information, we are required to use all reasonable measures to verify your identity before doing so. These measures only exist to protect your information and to reduce risk of identity fraud, theft or unauthorised access to your information.
We therefore kindly ask you to send us original or certified copies of the following documentation: passport, identity card, birth certificate or driving licence. One of those above documents is required in order to request personal information.
We will endeavour to respond within one month. If you want to exercise one of the above rights, please contact us either via our email or using the contact details provided below in the paragraph "How to contact us".
HOW LONG DO WE KEEP YOUR INFORMATION?
We will hold your personal data for as long as you are you have an account and for as long as is necessary to comply with our legal/ regulatory obligations, resolve disputes, prevent fraud and abuse or enforce our terms and conditions.
When we no longer need to retain your personal data, it will be deleted or be anonymised so that you can no longer be identified from it.
We securely destroy all financial information once we have used it and no longer need it.
HOW YOUR PERSONAL INFORMATION IS SECURED?
Rose and Bare will use all reasonable efforts to protect your personal information. We are using the latest industry standards and security measures such SSL/TLS encryption for protection of user data and personal information.
Our goal is to have all appropriate technical and organisational measures to ensure a level of security appropriate to the risk of processing and using personal data. We have safeguard processes in place in order to ensure the ongoing confidentiality, integrity, availability and resilience of our or third parties processing systems and services as well as the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident.
You can access and edit personal information after signing into your account. To sign in, you are required to know your login credentials - email address and password. There is no way to access personal information without knowing the login credentials, therefore no unauthorised party can access it. We therefore ask you to keep your password secret and to not share it with any person (even a friend!). Please, immediately inform us if you know or suspect to have lost your login or that someone else is accessing your account.
LINKS TO OTHER WEBSITES OR SOCIAL MEDIA
HOW TO CONTACT US