Terms & Conditions
1 APPLICATION OF TERMS
1.1 These Terms apply to your use of the Website. By accessing and using the Website:
a you agree to these Terms; and
b where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
2.3 These Terms were last updated 13 November 2017.
In these Terms:
including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
personal information means information about an identifiable, living person
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
We, us or our means Rose & Thorne Design Ltd (and any subsidiary companies)
Website means www.roseandthorne.com; and any other domain names operated by us
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
4 YOUR OBLIGATIONS
4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
4.2 If you are given a User ID, you must keep your User ID secure and:
a not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to firstname.lastname@example.org
4.3 You must:
a not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
b unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4.4 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to email@example.com
4.5 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
5 INTELLECTUAL PROPERTY
We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a the Website being unavailable (in whole or in part) or performing slowly;
b any error in, or omission from, any information made available through the Website;
c any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
d any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
6.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
7.1 To the maximum extent permitted by law:
a you access and use the Website at your own risk; and
b we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
7.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
7.3 To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100.
8.1 You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.
8.2 When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.
8.3 The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.
8.5 Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
a to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);
b in relation to the proposed purchase or acquisition of our business or assets; or
c where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
8.6 Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
8.7 You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at firstname.lastname@example.org
9 SUSPENSION AND TERMINATION
9.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
9.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
10.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
10.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
10.3 For us to waive a right under these Terms, the waiver must be in writing.
10.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force.
10.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to
11.1 For the Black Friday discount: Terms & Conditions: Get 30% off sitewide. Offer expires Monday 27/11/2017 11:59PM NZDT. Offer can only be used online at www.roseandthorne.com by entering promo code BLACKROSE in promotional box at checkout. Offer cannot be used at the Rose & Thorne Drury Outlet or any Rose & Thorne Distributer. Offer cannot be used in conjunction with any other offers including the student deal (3 bras for $30). Voucher cannot be used on donation knickers. Rose & Thorne reserves the right to cancel any orders they deem to have used the offer incorrectly. No returns or refunds on knickers.
11.2 For the Bum Bonus Free Knicker Discount: T & C’s: Valid only for the Cream & Coral, Coral & Blush or Purple & Sage Enhanced Support Colour Bras or Spot Lace Coral Bra, and Cream & White, Coral & Blush or Purple & Sage Midi Brief knickers. Range as shown on www.roseandthorne.com. Buy any Enhanced Support Colour Bra in Cream & White, Coral & Blush or Purple & Sage and receive one Cream & White, Coral & Blush or Purple & Sage Midi Brief free. One free knicker per customer. Promotion only redeemable online at www.roseandthorne.com & must be applied by entering coupon code BUMBONUS at checkout.Discount cannot be used in conjunction with any other offers & is only valid until **11pm 25 March 2018** NZDT. This discount cannot be redeemed for cash. If you have any issues or queries please don’t hesitate to email email@example.com.
11.3 For the Size of the Week Discount. Discount code must be entered upon checkout to redeem, and is only valid for sizes 18DD. Discount cannot be used in conjunction with any other offer. Valid at www.roseandthorne.com only, not valid for use at any Rose & Thorne stockists. Discount is valid until 10pm May 22nd 2018. Rose & Thorne reserves the right to cancel any orders deemed inappropriate use of the discount code.
11.4 Queen's Birthday Buy One Bra, Get One Half Price. Discount code THEQUEEN must be entered at checkout to redeem discount. Discount is taken off the cheapest bra. Discount is valid at www.roseandthorne.com only and not valid at any Rose & Thorne stockists or distributors. Discount is valid until June 4th 2018 10pm. Rose & Thorne reserves the right to cancel any orders deemed inappropriate use of the discount code.
11.5 Rose & Thorne's 7th Birthday Spend & Save Promotion. Discount is automatically applied upon checkout and cannot be used in conjunction with any other offer. Discount is valid only at Rose & Thorne online and is not valid at any Rose & Thorne stockists or distributors. Discount is valid until 10pm August 15th 2018. Rose & Thorne reserves the right to cancel any orders deemed inappropriate use of the discount code.
11.6 Knicker Discount code. The customer is entitled to one free knicker with any full-priced bra purchased. Full-priced bra and knicker must be in the cart together and the discount code applied upon checkout to redeem. One use per customer. Rose & Thorne reserves the right to cancel any orders deemed inappropriate use of the discount code. Cannot be used at any Rose & Thorne stockists or distributors. Discount code cannot be used in conjunction with any other offers. Discount code is valid until December 31st 2018.
11.7 2 for $15 Knicker Deal. Discount valid on full-priced knickers only. Offer ends 10pm Saturday September 2nd 2018. Discount cannot be used in conjunction with any other offer. Discount code must be applied at checkout to redeem. Discount is valid only at Rose & Thorne online and is not valid at any Rose & Thorne stockists or distributors. Rose & Thorne reserves the right cancel any orders deemed inappropriate use of the discount code.
11.8 1 Million Bras Sold Promotion. Free Australia and New Zealand delivery is valid only until 11.59pm Tuesday September 25th 2018. All orders placed between September 19th and September 25th will be automatically entered into the draw to win their order for free. One order will be randomly chosen to be fully refunded to the total value of their order and notified via email. Valid only for purchases made at www.roseandthorne.com and is not valid at any Rose & Thorne stockists or distributors. Rose & Thorne reserves the right to cancel any orders deemed inappropriate use of the promotion.
11.9 Free Wash Bag with full priced bra purchased. Get a free Rose & Thorne wash bag with any full priced bra purchased until Tuesday October 2nd 2018. One wash bag per customer. Cannot be used in conjunction with any other offer. Valid only at the Rose & Thorne online store. Not valid at any Rose & Thorne stockists or distributors. Rose & Thorne reserves the right to cancel any orders deemed inappropriate use of the promotion.
11.10 Bra Census Prize Draw. To go in the draw to win 1 of 3 $200 Rose & Thorne vouchers Bra Census entries must be fully complete by October 24th 2018. Three winners will be randomly selected from completed surveys. Winners will be notified by email by October 31st 2018. One entry per person. Voucher is valid for use at the Rose & Thorne online store only and is not transferable to cash.
11.12 For the October 2018 Bum Bonus Free Knicker Discount: T & C’s: Buy any full-price bra and get a pair of knickers free. You must enter the discount code BUMBONUS at checkout to redeem discount. One free knicker per customer. If multiple knickers are in the cart, discount will be off the cheapest knicker. Promotion only redeemable online at www.roseandthorne.com. Discount cannot be used in conjunction with any other offers & is only valid until 11pm 22 October 2018 NZDT. This discount cannot be redeemed for cash. If you have any issues or queries please don’t hesitate to email firstname.lastname@example.org.
12 REFER A FRIEND
12.1 To refer your friends into the Rose & Thorne community: sign in to your account page, scroll to Refer a Friend, send an email invite.
12.2 Via invite email, your friends will receive a 20% off code for their first purchase. And when new customers make a purchase of $30 or more (after discount), you'll receive a $10 credit for your next purchase as a little thank you.
12.3 Terms & Conditions: Offer can only be used online at www.roseandthorne.com by entering promo code REFERME. Promo not available at Rose & Thorne Drury outlet or any Rose & Thorne Distributer. Offer cannot be used in conjunction with any other offers including the student deal. One coupon per person. Refer a Friend $10 credits earned can only be applied to orders over $10. Rose & Thorne reserves the right to cancel any orders they deem to have used the offer incorrectly.