USE OF PLATFORM
2 ACCEPTANCE OF ORDERS
4 PAYMENT TERMS
7 RETURNS & CANCELATION
8 AGE REQUIREMENTS
9 INTELECTUAL PROPERTIES
12 LIABILITY AND LIMITATIONS OF LIABILITY
13 DATA PROTECTION
14 AMENDMENTS TO THESE TERMS
15 GOVERNING LAW AND JURISDICTION
16 ENTIRE AGREEMENT
17 WRITTEN COMMUNICATION
20 CONTRACTS (RIGHTS OF THIRD PARTIES)
21 DISPUTE RESOLUTION
Our registered Ro the label company is referred to in these Terms as “Ro/we/us”. If you have any questions regarding the Platforms or these Terms, or in the unlikely event that you have any complaints about any products purchased by you from the Platforms you can contact us at: firstname.lastname@example.org
The present website is owned by Rocio Cota Aranda, with 30956997D fiscal identification number and fiscal address at Selva de Mar 5, 2-3, Barcelona 08019, Spain.
2. These terms and conditions were last revised on May 2019.
USE OF PLATFORM
1. The Terms apply to your use of and access to the Platforms including all orders submitted by you for any products or services made available by us for purchase over the platforms. By accessing the platforms, you agree to these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms for future reference. If you do not agree to these Terms, you must cease using and accessing of the Platforms immediately. The Terms may be changed and updated from time to time and any changes will be effective from the publication of the new Terms on the Platforms
2. Please note that these Terms do not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any).
3. You agree that the information you provide when you register on the platforms is not misleading, and is true and accurate in all respects and you will notify our customer service team of any changes to that information.
4. We may change, withdraw, or suspend access to the platforms (in whole or part and permanently or temporarily) with or without notice and with no liability to you.
5. The platforms may include links to other platforms or resources (“Linked Platforms”). Ro the label has no control over the content of linked platforms and you agree that, should you access a linked platforms using a link from the platforms, Ro the label is not responsible for the availability of the linked platforms, and is not liable in any way for the content of linked platforms, including (without limitation) any goods or services available from such linked platforms, other advertising or content on such linked platforms or the use that such linked platforms make of your personal information. Furthermore Ro the label will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Platforms or the content thereon.
6. Ro the label may deny you access to the platforms at any time in its sole discretion. Examples of when we may deny you access include but is not limited to where we believe that your use of the platform is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.
7. Any material that you upload to the platforms for publication will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
8. Ro the label will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the platforms and you hereby agree to be responsible to Ro the label for and indemnify Ro the label and keep Ro the label indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by Ro the label as a result of any claim in respect of your use of the platforms.
9. Ro the label has the right to remove any material or posting you make on the Platforms in Ro the label sole discretion.
10. References to ‘We’ in the Customer Service Information refers to Ro the label.
11. Third party providers and application stores. Certain third party providers with whose devices and/or operating systems those platforms that are mobile applications have been designed to be compatible oblige us to include certain additional provisions in these Terms. These are set out at the end of these Terms in section TERMS FROM THIRD PARTY PROVIDERS terms’. These provisions are required by the relevant third party providers, not Ro the label Third party application stores are operated by the relevant third party providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download those platforms that are the mobile applications. We are not responsible for these stores or (with the exception of the platforms) for anything provided by them and do not guarantee that they will be continuously available.
12. The User undertakes to use the web, the services and its contents in a diligent, correct and lawful manner and in particular, must refrain from:
- Delete, evade or manipulate the “copyright” and other data identifying the rights of their owners incorporated into the content, as well as technical protection devices, or any information mechanisms that may contain the contents.
- Introduce programs, viruses, macros or any other logical device or sequences of characters that cause or are likely to cause any type of alteration in the website or the computer systems that support it.
- Use or install programs or devices capable of invalidating security controls or passwords, established by ROTHELABEL.COM, being equally forbidden to decipher encryption keys, systems or algorithms or any other security element of the website or any of its users.
- Make copy or screenshot of the web page, without express authorization of Ro the label.
- Make copies or versions of the website or its source code, without the express consent of Ro the label.
- Perform any type of behavior contrary to the Law or good faith.
2. ACCEPTANCE OF ORDERS
1. All information on the platform is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order (“Products”) from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you, unless we are not permitted to do so under statutory law. Examples of when we may not accept your order are as follows:
(a) If products are shown on the platforms but are not available or are incorrectly priced or otherwise incorrectly described;
(b) If we are unable to obtain authorization of your payment;
(c) If you order multiple quantity of an individual Product where such Products are to be shipped to any one customer or delivery address.
(d) If shipping restrictions may apply to a Product; or
(e) if the delivery address you give is the address of an entity or individual providing freight forwarding services.
(f) If the delivery address or card company you give, is the address of an entity or individual that is has had or is having a lawsuit for copyright infringement. We reserve the right to decline orders if we feel our product is being used to ‘inspire’ future designs .
(g) The item ordered does not satisfy our quality control standards and is withdrawn
In the event that we do accept any order and we subsequently become aware that the corresponding delivery address is one of the below examples, we shall be entitled to cancel such order.
2. After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Products you have ordered from us. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of (a) a contract of sale of the Products between us and you will not take place unless and until (i) we have sent you an email confirming that the Products have been dispatched. Further information is available at Shipping & Delivery. After entering into the contract of sale, we will be under a legal duty to supply you with goods that are in conformity with the contract.
3. When placing an order for the first time, you may be offered the option to register with us and will be required to complete certain required fields on the order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Platforms, such as the Account section of the Platforms (“Secure Access”). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorized use of the Secure Access or if the Secure Access becomes available to an unauthorized party. Without prejudice to our other rights and remedies, we may suspend your access to the Platforms without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Platforms.
4. In the event of prolonged inactivity causes your connection to the Platforms to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket are not reserved and may be purchased by other customers.
5. Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.
6. You will be charged for products when they have been dispatched to you for delivery or, unless we inform you that in respect of certain products payment shall be taken in advance, when or shortly after you submit your order. Order status may take up to 1 hour to update after the order has been placed.
7. Variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view the Platforms may mean that the colors, measurements, fabrics and designs of the Products displayed on the Platforms and the Products delivered to you may differ in appearance in minor respects.
1. All prices of Products on the Platforms are the price for the Products only. The prices displayed at rothelabel.com include the statutory Value Added Tax in EU deliveries but do not include a delivery charge. If the VAT rate applicable on the date of the order is changed after the order has been made, the change will be reflected in the price of items without you being notified. Please see Section 2.4 below.
2. We endeavor to ensure that all pricing information on the Platforms is correct. Occasionally, however, an error may occur and Products may be mispriced or relate to availability. If a Product’s correct price is lower than the price stated on the Platforms, subject to our right to refuse an order pursuant to Section C 1.1(a), we will charge the lower amount and send you the Product. If a Product’s correct price is higher than the price stated on the Platforms, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price. If we have taken an advance payment in circumstances where pricing information is incorrect, we shall endeavor to refund the payment taken as soon as possible if the product has not been shipped.
3. Ro the label may vary the prices of the Products listed on the Platforms at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation.
4. Please note that in some countries additional duties may be payable to your local tax authorities on receipt of your delivery. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. We recommend informing yourself at the local customs web of your country. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
4. PAYMENT TERMS
1. The total cost of your order will be the purchase price for the Products and any additional shipping fees.
2. More information about the payment methods that we accept, and details of when an order will be charged to your account can be found in our Payment section. Please note we are currently unable to accept gift cards, merchandise cards, cash or checks as payment in the Platform.
3. Please note that we just accept payment in EUROs
4. You confirm that the credit/debit card or payment method that is being used is yours and that all the details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. All credit/debit cardholders and payment account holders are subject to validation checks and authorization by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorize payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
5. We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order.
6. If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Platforms, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the Platforms.
Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
1. Our delivery and returns will deliver your purchases to you using DHL. Orders will be sent to the delivery address that you have given on your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes. Please note that there are restrictions on the locations we deliver Products purchased from the Platforms. Details of the locations to which Ro the label delivers are available in Shipping & Delivery.
2. When you have selected your preferred delivery method from those offered for your selected shipping destination and provided your order has been accepted by us, your order shall be processed by us and we will endeavor to dispatch your order in accordance with the estimated delivery times set out at Shipping & Delivery or as otherwise specified in the checkout process as you submit your order. There may be additional restrictions or exclusions in respect of specific addresses in countries to which we ship. These may change from time to time. We shall endeavor to notify you of such restrictions but this may not be possible until we have received your order. Orders received after any specified “cut off” or “last order” time or received on a day which is not a working day (that is any day on which the banks are open for business in Union Europe which is not a Saturday or a Sunday, will be processed on the next working day). Estimated delivery times will be calculated from the date on which the order is processed, unless otherwise specified. Where you have selected any of Ro the label delivery services, your sole remedy for any failure by Ro the label to dispatch your order in time for delivery within the relevant estimated delivery times for your shipping destination and selected delivery method shall be your right to cancel the relevant order and receive a full refund of any monies paid to us in respect of that order.
3. Title in the Products ordered by you from us shall pass to you: on the later of:
(a) the date on which we receive payment in full for such Products; and
(b) the date and time of collection of such Products for delivery to your nominated address(as applicable).
4. A signature is required for any goods delivered, at which point responsibility for your purchased goods passes to you. You must check, in the presence of the delivery agent, the condition of the package delivered and note on the delivery slip any anomalies observed in the packaging or its contents. If the package you receive is battered and you cannot open it around the delivery person before signature it, please note the fact and make sure that you sign for it as “Damage package – goods not yet inspected”. Should you discover any damage to the package prior to opening it please report this to Ro the label applying CONTACT: Faulty & wrong items (order@rothelabel) and the postal agent where you collected the package, as soon as possible and always before 14 days of receiving it. If you have already opened the package when you notice the damage, please follow the Faulty & Wrong goods instructions from Return policy. Once a Product has been received by you all risk of damage to, or loss of, the Product shall pass to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by us, and transfer of responsibility in the same way.
5. We shall be entitled to supply the Products in installments and each installment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.
6. In the event that a Product is subsequently imported into a country other than the country to which Ro the label delivered the Product, you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.
7. CANCELLATION AND RETURNS
1. Should you wish to cancel or return any Products, you may only do so in accordance with our Returns Policy. This Returns Policy does not affect your statutory rights as a consumer (including, where applicable, your rights under applicable distance selling legislation or e-commerce regulations in the territory to which the Product is shipped (“Regulations”). For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any).
2. Where you return a Product under the Regulations we will issue you with a full refund, (shipments cost will be just reimburse for UE deliveries) and you will need to return the Product at your own cost (if you have already received the Product), unless otherwise specified in our Returns policy. Where you have paid any duties or taxes directly to the relevant authorities on the importation of the Product you wish to return, Ro the label shall have no liability in relation to any claim for a refund of such duties or taxes from the authorities or whether or not such a refund is possible.
8. AGE REQUIREMENTS
If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.
9. INTELLECTUAL PROPERTY
1. All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Platforms (the “Content”), is either owned or licensed by Ro the label, and is protected by applicable copyright laws and treaties around the world. All such rights are reserved.
2. The “Ro the label” trade mark as well as all trademarks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Products, Platforms, accessories or packaging, whether registered or not (the “Trade Marks”), are and remain the exclusive property of Ro the label and/or its licensors and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved.
3. All other intellectual property rights (including, without limitation, registered or unregistered trademarks, logos, designs, copyrights, patents, know how or trade secrets) in or related to the Platforms, the products depicted and/or available on the Platforms and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Platforms (the “Intellectual Property Rights”) are and shall remain the exclusive property of Ro the label and/or its licensors and such Intellectual Property Rights are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved.
4. Limited License
Subject to the terms herein, we grant you a revocable, and non-exclusive license to access and make personal use of the Platforms limited such that it does not include the right to:
(a) use the Platforms in any way which may prejudice or damage the reputation of Ro the label ;
(b) use the Platforms for any commercial or business purposes. The Platforms are for your personal use only;
(c) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
5. Ro the label may terminate the limited license set forth in this Section at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever and/or for any breach of these Terms.
Products can be removed without any prior notice, as pricing and descriptions of products and also be amended at any point. Ro the label endeavors to ensure that the information posted by it on the Platforms is accurate and complete. Ro the label does not, however, guarantee that the Content or any other information available on the Platforms is accurate and/or error free, Ro the label does not promise that the functionality of the Platforms or Content will be error free or that the Platforms, Content or the servers that make such Content available are free of viruses, malicious code or other components which are potentially harmful. Ro the label recommends that all users of the Internet ensure they have up to date virus checking software installed.
1. All products sold by Ro the label are covered by all statutory guarantee regulations in UE.
A 24 (twenty-four) months warranty for defects of compliance, as provided in Title IV of Legislative Royal Decree 1/2007.If you have a complaint regarding obvious material or manufacturing faults in goods that we have supplied, including damage incurred in transit, please contact us at applying CONTACT, issue FAULTY GOODS. Adding photos of your claim with proof of purchase and we will reply as soon as possible with further instructions.
Our customer satisfaction is of great value to us, and we will repair any and all manufacturing defects (problems that occur as a result of production) as soon as possible. We cannot be responsible for general wear and tear and any changes that occur due to the nature of the materials used. However, manufacturing defects will be evaluated on a case by case basis with a valid proof of purchase in www.rothelabel.com. Ro´s products guarantee is valid as per EU customer.
You will get a full refund (excluding shipping cost) if we can’t repair or exchange the item you bought. Please note that after 6 months of use, faulty items can’t be considered as damaged goods. To benefit from warranty assistance, the customer must keep the invoice or receipt of payment, along with the transport document.
2. This Section 9 does not affect your statutory rights as a consumer and, in respect of the Products, does not exclude or limit in any way our liability for breach of the statutory rights set out under applicable consumer laws relating to good title, no encumbrance and quiet possession, correspondence with description, satisfactory quality, fitness for purpose and correspondence with sample. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country (if any).
3. Subject to the preceding paragraph to the maximum extent permitted by applicable law, Ro the label disclaims and excludes all other terms, conditions and warranties in relation to the products and services whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
12. LIABILITY AND LIMITATIONS OF LIABILITY
1. Nothing in these Terms limits or excludes our liability: (i) for death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; (iii); or for any other liability which cannot be limited or excluded by applicable law.
2. Subject to Section (11.1) above, we will not be liable, in each case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these Terms for any:
Unless expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product. However, and barring legal provision to the contrary, we will not accept any liability for the following losses, regardless of their origin:
(a) economic losses (including, without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings, loss of management time or office hours); or
(b) loss of goodwill or reputation; or
(c) special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these Terms.
3. Subject to Sections 11.1 and 11.2 the aggregate liability under these Terms of Ro the label whether arising under contract, tort (including negligence) , breach of statutory duty or otherwise shall in no event exceed 100% of the price of the Product you have ordered from Ro the label.
This section 4 does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country (if any).
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless it is established expressly the opposite in it.
13. DATA PROTECTION
14. AMENDMENTS AND APPLICATION THESE TERMS
1. We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products in question from us.
2. We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
3. We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.
4. Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable and not affect the enforceability of any of the other provisions of these Terms.
15. GOVERNING LAW AND JURISDICTION
These Terms and all transactions relating to the Platforms are governed by Spanish law and you, and we, hereby submit to the non-exclusive jurisdiction of the Spanish courts. This does not affect your legal rights as a consumer in the country in which you are located.
16. ENTIRE AGREEMENT
1. These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
2. We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“Representations”) of any person (whether a party to that contract or not) other than as expressly set out in these Terms.
3. Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
17. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Platforms, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Platforms. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Section 15 does not affect your statutory rights.
All notices given by you to us must be sent applying to CONTACT or send to email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Section 15 above. Notice will be deemed received and properly served immediately when posted on the Platforms, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
1. If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
3. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section 16 above.
20. CONTRACTS (RIGHTS OF THIRD PARTIES)
The provisions of the Contracts (Rights of Third Parties) are expressly excluded from these Terms such that no third party may claim any rights under these Terms.
21. DISPUTE RESOLUTION - EU resident customers only
The European Online Dispute Resolution platform www.ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest if there is a dispute we cannot resolve between us. For more information please contact applying