ROSECLÉR® Terms of Service

 

Welcome to Rosecler.com ( “The Site") .

ROSECLÉR® ("we, us, or our") provides the content and services available on The Site to you subject to the following terms and conditions regarding Customer Service and others included in Terms of Service, Privacy Policy, Cookie Policy and other policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, "Terms & Conditions").

You must be 21 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 21 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. If you are under 21 years old, you may browse our Site. However, you may not provide personal information to us nor register on The Site. The Site is not directed to children under 13 years old. By accessing or using The Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by our Terms & Conditions.

IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS, YOU MAY NOT USE OUR SITE.

ROSECLÉR® reserves the right to audit a Member's account without prior notice to ensure compliance with our Terms and Conditions; any Partner’s terms and conditions; and any other applicable rules, regulations or terms and conditions. During the course of an audit, the Member’s account will be temporarily suspended, and the Member will not be permitted to access his/her account nor perform any transactions.

ROSECLÉR® also reserves the right to cancel any order due to unauthorized, altered, or ineligible use of any Rewards Points/offer and to modify or cancel due to system error or unforeseen problems.

 

1. PRIVACY

Please review our Privacy Policy to understand details of our privacy practices.

 

2. PRODUCTS AND SERVICES FOR PERSONAL USE

The products and services available on The Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive directly from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, at our sole discretion, may result in the violation of our Terms & Conditions.

 

3. PURCHASE RELATED POLICIES AND PROCEDURES

To view policies and procedures related to orders placed through The Site (such as order processing, shipping and handling, returns and exchanges), visit Customer Service.

 

4. ACCURACY OF INFORMATION

We always make our best effort to be as accurate as possible when describing our products or services on The Site. However, we do not warrant that the product descriptions, colors, information or other content available on The Site are accurate, complete, reliable, current, or error-free, to the extent permitted by applicable law. The Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

 

5. INTELLECTUAL PROPERTY

All information and content available on The Site and its look and feel, including but not limited to trademarks, logos, images, graphics, text, audio clips, data compilations and software, button icons, and the compilation and organization thereof (collectively, the "Content") is the property of Roseclér and is protected by applicable laws, including laws governing copyrights and trademarks. 

Except as set forth under Limited Licenses, or as required under applicable law, neither the Content nor any portion of The Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

 
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY

Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail to legal@rosecler.com for notices of infringement and provide the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
• Identification of the copyrighted work(s) that you claim has been infringed;
• Proof of current ownership of the specific copyrighted work(s);
• A description of the material that you claim is infringing and the location of that material on The Site;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 
The above information is provided exclusively for notifying Roseclér that copyrighted material may have been infringed. Any inquiries or claims without completed information support will not be acknowledged and may not receive a response. If any person or persons maliciously targets Roseclér with false claims, such person or persons shall be liable for all the losses and damages that such actions may cause to us, our parent companies, subsidiaries, affiliates, partners and/or licensors and licensees. Roseclér reserve all rights, including to pursue legal action.

 

6. YOUR OBLIGATIONS AND RESPONSIBILITIES

By accessing or using The Site or any of its Content, you agree that you will comply with these Terms & Conditions and any warnings or instructions on The Site. You agree that when accessing or using The Site or any of its Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to The Site or any of its Content or services that may appear on The Site and may not impair in any way the integrity or operation of The Site. Without limiting the generality of any other provision of these Terms & Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms & Conditions, you shall be liable for all the losses and damages that this may cause to us, our parent companies, subsidiaries, affiliates, partners and/or licensors and licensees.

 

7. YOUR ACCOUNT

Subject to the age restrictions outlined above, you may view and use many features of The Site without registering as a member, including making purchases as a guest. However, there are certain parts of The Site that can only be used if you are a register member.

Shall you register with us, you are responsible for providing and maintaining current, complete, accurate and truthful information on your account.

You also agree to accept responsibility for all activities that occur under your account, username and/or password, and are responsible for maintaining the confidentiality of your account, username and password and for restricting access of your account through the use of your computer, mobile phone or any other electronic devices you may access your account with.

If there has been an unauthorized use of your password or account, please notify us immediately at customerservice@rosecler.com

If you are accessing and using The Site on someone else’s behalf, you represent that you have the authority to bind that specific member as the principal to all Terms & Conditions provided herein and he/she must accept any changes or purchases that you have made on his/her behalf, and full liability for harm caused by any wrongful use of The Site or Content resulting from your access or use.

 

8. THIRD PARTY LINKS

Links appearing on The Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. We cannot be held responsible for the content of any off-website pages or any other websites linked to or from The Site. Your linking to or from any off-website pages or other websites is solely at your own discretion and thus at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from The Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including without limitation their privacy policies and terms and conditions. We highly recommend you to review carefully the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

 

9. SPECIAL FEATURES, FUNCTIONALITY AND EVENTS

From time to time, The Site may offer certain special features, functions or offerings (such as promotions, events, contests, workshops, etc.) which may (a) be subject to additional terms of use, rules and/or policies in addition to or in lieu of the Roseclér’s standard Terms & Conditions; and (b) be offered by us or by third parties. If you so choose to take advantage of such offerings, you agree that your use of those offerings will be subject to each specific additional or separate terms of use, rules and/or policies, if any.

 

10. USER CONTENT

When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on The Site, you are entirely responsible for such type of User Content.

You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on The Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using The Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via The Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms & Conditions, we have the right to remove any User Content that violates these Terms & Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise use such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.

 

11. CANCELLATION OF ACCOUNT

You may cancel your account with us at any time by contacting us by email at customerservice@rosecler.com

If you wish to delete part of your user content, please include the following information in your deletion request: first name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms & Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so. Shall your account be cancelled, whether by your choice or by Roseclér’s decision, your order history will be deleted and all of your member’s benefits including Reward Points will be forfeited.

 

12. COPYRIGHT COMPLAINTS

We respect the intellectual property of others. If you believe that a work has been copied on the Site in a way that constitutes copyright infringement, please click here to find out how to notify us of a claimed infringement at legal@rosecler.com

 

13. REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY

Whilst we will do our very best to service you, The Site is presented "as is" we make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms & Conditions or The Site, including but not limited to warranties of marketability, non-infringement or appropriateness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable, whether in contract, tort (including negligence) or otherwise, under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to The Site; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on The Site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of The Site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content (g) force majeure including pandemic or (h) events beyond our reasonable control. Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to The Site or your use thereof regardless of the form of action whether in contract, tort (including negligence). You agree that no claims or action arising out of, or related to, the use of The Site.

Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise.

You agree that no claims or action arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.

 

14. INDEMNIFICATION

You agree to indemnify, defend and hold us harmless for any loss, damages or costs, including attorneys' fees resulting from any third-party claim, action, or demand resulting from your use of The Site or breach of these Terms & Conditions. You also agree to indemnify us for any loss, damages, or costs, including attorneys' fees resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

 

15. DISPUTES

With respect to any dispute regarding The Site, all rights and obligations and all actions contemplated by these Terms & Conditions shall be governed by the Laws of Hong Kong (HK). Any dispute relating in any way to your visit to The Site shall be submitted to confidential arbitration in HK and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners, licensors, licensees or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the HK Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms & Conditions shall be joined to an arbitration involving any other party subject to this Terms & Conditions, whether through class arbitration proceedings or otherwise.

 

16. CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE SITE AND VIA EMAIL

You consent to receive any agreements, notices, emails, text messages, newsletters, e-newsletters, disclosures and other communications (collectively, "Notices") to which these Terms & Conditions refer from us electronically including without limitation by e-mail or by posting notices on The Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive newsletters and/or e-newsletters, simply select the appropriate preference in My Profile or follow instructions at the bottom of the most recent e-newsletter to withdraw. If you choose to opt in this service in the future, please select the appropriate preference in My Profile, follow instructions on The Site or follow instructions at the bottom of the most recent e-newsletter to activate. Please note that this consent to receive Notices is entirely separate from any selection you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth under Privacy Policy. 

 

17. LIMITED LICENSES

As an Authorized Licensee, you would have already signed all relevant contracts which set out specific rights and obligations as an authorized licensee, which all additional terms and conditions are set out.

In any case, you would be granted a limited, revocable, non-transferable, and non-exclusive license to access and make use of The Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of The Site:

• Frame or utilize framing techniques to enclose The Site or any portion thereof;
• Use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download The Site or any of its Content (except caching or as necessary to view The Site), or the personal information of others without our prior written permission or authorization;
• Make any use of The Site or any of its Content other than for personal use;
• Modify, reverse engineer or create any derivative works based upon The Site or any Content; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• "Stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
• Intentionally violate any applicable local, state, national or international law;
• Transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of The Site; and/or
• Engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam”.

We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of The Site for personal, non-commercial use only. A website that links to The Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of The Site other than the home page. We may, in our sole discretion, request that you remove any link to The Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking. Any unauthorized use by you of The Site or any and/or all of our Content automatically terminates the limited licenses set forth under this section without prejudice to any other remedy provided by applicable law or these Terms & Conditions.

 

18. GENERAL

You acknowledge and agree that these Terms & Conditions constitute the complete and exclusive agreement between us concerning your use of The Site, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change these Terms & Conditions at any time by posting the changes on The Site and providing notice of such change. Any changes are effective immediately upon posting to The Site and release of notice of such change. Your continued use of The Site thereafter constitutes your agreement to all such changed Terms & Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms & Conditions. You shall comply immediately with any termination or other notice, including ceasing all use of The Site. Nothing contained in these Terms & Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms & Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms & Conditions unenforceable or invalid as a whole but these Terms & Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. If you have any questions regarding these Terms & Conditions, please email us at legal@rosecler.com

 

19. DISCREPANCIES

If there is any contradiction between the official English version of the Terms of Service with any other translated language versions, the official English version shall prevail.