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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       CHANGES

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 22 June 2021.

3       DEFINITIONS

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

Terms means these terms and conditions titled Website Terms of Use

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 braguru@roseandthorne.com

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 braguru@roseandthorne.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       DISCLAIMERS

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       LIABILITY

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       PRIVACY POLICY 

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.

8.4       We may also collect technical information whenever you log on to, or visit the public version of, our Website.  This may include information about the way users arrive at, browse through and interact with our Website.  We may collect this type of technical information through the use of cookies and other means.  Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognise your browser.  If you want to disable cookies, you may do so by changing the settings on your browser.  However, if you do so, you may not be able to use all of the functions on the Website.  We use the technical information we collect to have a better understanding of the way people use our Website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs.  We may also use this information to assist in making any advertising we display on the Website more personalised and applicable to your interests.

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 braguru@roseandthorne.com

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    GENERAL

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    DISCOUNTS/VOUCHERS

1.1. The free shipping offer ‘BLUES’ code is only valid through our Rose & Thorne NZ and AU online stores – not through roseandthorne.com to customers outside NZ or Australia, through Rose & Thorne stockists or distributors. This special offer ends September 3rd, 2021 at 11:59pm NZT.

11.2  Everyday Heros Competition.Nominations must be posted as a comment with the nominee tagged on the Everyday Heros post on the Rose & Thorne Facebook page. There are 3 prizes of $100 Rose & Thorne vouchers to be won for heroes who are nominated. If the nominator is subscribed to our RoseMail newsletter, they will win a $100 voucher too. Our Everyday Heros competition is open to NZ and Australian residents only. Vouchers can be used on roseandthorne.co.nz or roseandthorne.com.au only. Entries close when Auckland leaves L4 Lockdown (currently September 14), and winners will be announced 72 hours later.  Rose & Thorne can announce the winners and share their stories on social media.  

11.3. The 15% off our Smokin’ Hot collection will last for 7 days and ends Thursday 8th September at 8am EAT (Eastern Australian Time). It excludes our new Pink Smoke bra, brief & set. While stocks last. It's only valid at our Rose & Thorne online store – not at any Rose & Thorne stockists or distributors. Because orders can’t be amended or changed once placed, please do make sure you order carefully. We want to get it right for you. 

12    REFER A FRIEND

For every new friend you refer, they'll get a $10 off discount code to use on their first purchase at Rose & Thorne online. And for every friend who spends over $30 (after discount) and is new to Rose & Thorne, you get a $10 credit as a little thank you! The best part? You can refer as many friends as you like!
 
To Refer a Friend:
1. Click on the 'Get $10' tab in the navigation or sign in to your account page
2. Enter the details on the Refer A Friend form
3. Send an email invite 
4. Done!
 

Terms & Conditions: 

The Rose & Thorne Refer A Friend Program allows Referrers to earn Rose & Thorne credits towards future Rose & Thorne purchases by referring friends that are new to Rose & Thorne. By entering a friends email address into the Refer A Friend form, Referees can send an email invitation with a discount code to Referral Friends to get $10 off their first Rose & Thorne purchase. If the Referral Friend is a Qualified New Referral and spends $30 or more (after discounts) on their first Rose & Thorne online order, the Referrer will receive a $10 Rose & Thorne credit on their account. Referrers will receive credit for each Qualified New Referral - so the more you share, the more credits you can earn!
 
Referrers
Referrers will be eligible to receive a $10 Rose Rewards credit on their account if the Qualified Referral completes their first order on www.roseandthorne.com to the value of $30 or over (after discounts) and must not have shopped on www.roseandthorne.com before. Referrers are limited to one $10 Rose Rewards credit per Qualified New Referral. Refer A Friend Rose & Thorne credits can only be applied to orders over $10 and cannot be used in conjunction with any other offer or promotional discount code. 
 
Qualified New Referrals
A Qualified New Referral is defined as a new customer to www.roseandthorne.com who arrivals to our website via a Refer A Friend Email Invitation and must not have shopped on www.roseandthorne.com before. Please note - the Referred Customer and the Referee cannot be the same person (for example, by using a different email address) and any suspicious referrals will be automatically disqualified from the promotion.
 
 
$10 Discount Code For Referred Friends
This discount code cannot be used in conjunction with any other offer and is valid only at www.roseandthorne.com. Not valid at any Rose & Thorne stockists or distributors or the Rose & Thorne Drury Outlet Store. One coupon/one use per customer. Expires 6 months from the date of delivery. 
 
Rose & Thorne reserves the right to close/cancel the accounts of any Referrers or Referral Friends should Rose & Thorne deem them to be used inappropriately. Rose & Thorne reserves the right to cancel the Refer A Friend Program or to change these terms and conditions at any time. 
 
Rose & Thorne credit cannot be exchanged for cash and is only eligible for use at www.roseandthorne.com. 

 

13       REVIEWS POLICY 

Product reviews are open to any Rose & Thorne customer who has purchased a product and wishes to share their feedback with other site users. Product reviews are the subjective opinions of the customers that provided the feedback. They are not necessarily endorsed by Rose & Thone. This policy is intended to assist with consistency and quality for publication. Reviews that do not meet the requirements of this policy will not be published. 

13.1       Eligibility. To submit a view eligbility guidelines must be met:

- The reviewer must be a customer with a confirmed identity and email address

-The review must relate to a product that has been shipped and received within 3 months of the review

13.2       Product Review Guidelines

-The product review must be directly related to the product being reviewed

-Reviews that are only about non-product related subjects, such as delivery, returns, customer service or social media may not be published

-The content must not be obscene or abusive, discriminate or include illegal content

-The content must be original, truthful and not misleading, harmful or intent for improper or unlawful purposes