1. About These Sales Terms
These Sales Terms are applicable to all orders and purchases made in the Rose Avenue Online Store ("Products").
With regard to the purchases in the Rose Avenue Online Store, Rose Avenue will communicate electronically by sending email. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.
Rose Avenue may revise these Sales Terms from time to time. Any changes to the Sales Terms will apply to orders placed on or after the effective date stated in these Sales Terms or elsewhere on the Rose Avenue Online Store. You are advised to check this page from time to time to take notice of any changes, as they are binding on you.
BEFORE PLACING AN ORDER FOR PRODUCTS YOU MUST READ AND AGREE TO BE BOUND BY THESE SALES TERMS.
IF YOU FIND YOURSELF UNABLE TO AGREE TO THESE SALES TERMS YOU MAY NOT PROCEED TO PURCHASE ANY PRODUCTS LISTED ON THE ROSE AVENUE ONLINE STORE.
2. Your account
If you create an account (personal user identification or username) on the Rose Avenue Online Store you are responsible for maintaining the confidentiality of your username and password and for restricting access to your password, and you agree to accept responsibility for all activities and for each purchase that occurs under your account unless those activities or purchases are carried out by an unauthorised third party who has gained access to your account other than by reason of your negligence or carelessness.
3. Placing an Order
To be able to buy Products you have to:
• read and accept these Sale Terms;
• provide your name and address, phone number, email address, payment details and other required information;
• provide a delivery address (Note that Rose Avenue is unable to deliver to certain addresses, including but not limited to, P.O. Box addresses, some hotels, hostels or prisons.); and
• be legally capable of entering into binding contracts be the owner or authorized holder of a valid credit card to buy the Products if paying with a credit card.
You may place an order by clicking on the "ADD TO BAG" button and proceeding to the checkout page.
You will be provided with an opportunity to review your order(s), read and accept the Terms of Sale, check the total price of your order(s) and the information you have provided and correct any input errors before confirming your order(s).
4. Order Processing and Contract Formation
Once you have submitted and confirmed your order(s) using the Rose Avenue Online Store, Rose Avenue will send an email to the email address you provided acknowledging receipt ("Order Receipt Confirmation Email") of the order(s) and setting out details of the ordered Product(s).
Rose Avenue may choose not to accept any order in Rose Avenue's sole discretion including without limitation in the case of abnormal orders and orders which Rose Avenue suspects are not placed in good faith.
After receiving your order(s), Rose Avenue will check that the relevant Product(s) is (are) in stock. A contract for the sale of Products between you and Rose Avenue will only be formed when Rose Avenue emails you confirming that all or part of the Product(s) is/are still available and has/have been dispatched ("Shipment Confirmation Email"). The order is formed on sending the Shipment Confirmation Email whether or not you actually receive such email.
The contract for the sale of Products will relate only to those Products whose dispatch we have confirmed in the Shipment Confirmation Email. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipment Confirmation Email.
In the Order Receipt Confirmation Email you will receive a copy of these Sales Terms, however you are encouraged to download, save and/or print a copy of your Order Receipt Confirmation Email and these Sale Terms for your own records.
5. Prices, Shipping and Handling, and Charges
The price charged for a Product will be the price in effect at the time your order is placed and will be set out in the Order Receipt Confirmation Email and in your Shipping Confirmation Email.
In the event of a pricing error, whether on the Rose Avenue Online Store or in an Order Receipt Confirmation Email or otherwise, you accept that Rose Avenue has the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on your Order Receipt Confirmation Email, Rose Avenue will notify you of the correct price before processing your order, and your sole remedy in the event of such error is to cancel your order.
You acknowledge that even after Rose Avenue has sent you a Shipping Confirmation Email, if the pricing error is obvious and could have reasonably been recognised by you as a misprice, then Rose Avenue is under no obligation to provide a Product to you at an incorrect (lower) price.
Separate charges for shipping will be shown in your Order Receipt Confirmation Email and can be viewed on a summary screen prior to finalizing your order.
Prices for Products and for shipping and handling are liable to change at any time, but changes will not normally affect orders in respect of which we have already sent you a Shipping Confirmation Email (save in the case of a manifest pricing error as described above).
6. Payment
Payment shall be made by one of the methods you have selected during the checkout process (being VISA, MasterCard, AE, Apple Pay or Google Pay)
Approved credit card types are listed in the order checkout form in the Rose Avenue online store. In the event Rose Avenue does not receive the relevant credit card company's authorization, Rose Avenue reserves the right to cancel your order.
The value of your purchase(s) will be settled from the applicable card once Rose Avenue has sent you the Shipping Confirmation Email.
7. Delivery
You should allow 1-2 business days for standard delivery for in stock items, provided that your payment is received before 12pm on the day that the order is placed. Delivery shall in any event take place within 30 days after dispatch of the Shipment Confirmation Email. Rose Avenue reserves the right to substitute another carrier of equal or lesser cost to deliver your order. If Express Delivery/shipping is required, please select that as your shipping choice.
If you unreasonably defer delivery or delay the receipt of delivery after Rose Avenue has notified you that they have tried to deliver the ordered items to you, or if you have provided them with an incorrect delivery address which results in an unsuccessful delivery, you need to contact the carrier promptly for collection, failing which the delivery package will be returned to Rose Avenue within 3 days from the date of 2nd attempts of unsuccessful delivery. Rose Avenue reserves its rights to claim from you any loss occasioned by your neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the ordered items.
8. Events outside the control of Rose Avenue
Rose Avenue shall not be held responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission accident or circumstance beyond its reasonable control including but not limited to:
•civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
•strikes or lock-outs (or other industrial action);
•national or local states of emergency,
•failure of transportation facilities, power or utility outages, earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster.
•impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
•the acts, decrees, legislation, regulations or restrictions of any government.
Rose Avenue's performance is deemed to be suspended for the period that the above continues.
9. Product Availability
Rose Avenue uses reasonable efforts to ensure the availability of Products you order from the Rose Avenue Online Store. However Products are made available to purchase on a "first in-first out" basis and are only available whilst stocks last.
10. Compatibility, Product Information
Please take care when placing your order to ensure that the Products you purchase are compatible for the intended use. Please use the Rose Avenue Online Store as your final point of reference when checking compatibility. In the event of a difference between the Rose Avenue Online Store content and any other website (or any other source of information) the compatibility of Products as shown on the Rose Avenue Online Store at the time of purchase will be seen as taking precedence.
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact our customer service team at [email protected] for assistance.
11. Title to Products
Rose Avenue retains full legal title to Products until it has received all amounts due on the ordered Products in full. The Products will be at your risk from the time of delivery. Ownership will pass to you when we receive payment in full for the Products ordered.
12. Return and Refund
If for any reason you are not completely satisfied with your purchase from the Rose Avenue Online Store, you can return any Product purchased from the Rose Avenue Online Store within 7 days of receipt for a refund, subject to the conditions set out below. Your legal rights in respect of defective goods are unaffected.
To cancel your order you must notify Rose Avenue Customer Service Team via email and arrange for return of the ordered items in accordance with the instructions given by Rose Avenue Customer Service Team.
If you do not return the Products, Rose Avenue reserves the right to refuse a refund. If you return any Products in a used or damaged condition, Rose Avenue reserves the right to deduct from any refund due to you (or otherwise seek to recover from you) an amount equivalent to the reduction in value of the Products, which might be 100% of the purchase price.
Once Rose Avenue has received and validated your returned Products, Rose Avenue will send you an email to confirm the validation. Your refund will then be processed by Rose Avenue and confirmed to you by email. In most circumstances, your refund will be processed within 30 (thirty) days of Rose Avenue's email to you confirming the receipt and validation of your returned Products.
Please note that if you have purchased a discounted bundled set or sale item, it is not applicable for the return or refund policy.
13. Jewellery Warranty
All Rose Avenue jewellery products are covered by a 3-month to 1-year warranty covering manufacturing defects.
Stretching of Rose Avenue chains and bracelets is not considered a manufacturing defect. Do not expose your Rose Avenue products to harsh chemicals or environments. Silver pieces are given detail by oxidation. Exposure to harsh chemicals or environments can alter the appearance of your Rose Avenue product. These types of chemicals include, but are not limited to, liquid silver polish, pools, hot tubs, and spas.
Please retain the receipt as proof of purchase. The standard warranty for sterling silver products plated in Rhodium is for 1 (one) year from the date of purchase. Except for sterling silver products plated in 18K yellow gold, which have a 6-month warranty from date of purchase.
General wear and tear, misuse, and tarnishing are not covered under the warranty.
Your warranty does not entitle you to replacements of lost items.
14. Liability
Rose Avenue warrants to you that any Product purchased from or through the Rose Avenue Online Store is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Rose Avenue is not responsible for indirect losses which happen as a side effect of your main loss or damage and which are not reasonably foreseeable by you or Rose Avenue, including but not limited to loss of anticipated savings.
These Sales Terms set out the full extent of the obligations and liabilities of Rose Avenue in respect of the sale of the Products via the Rose Avenue Online Store. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on Rose Avenue other than those set out in these Sales Terms.
NOTHING IN THESE SALE TERMS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.
TO THE FULL EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Rose Avenue SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF THE APPLICABLE PRODUCTS FROM THE Rose Avenue ONLINE STORE. This does not include or limit in any way the liability of Rose Avenue or Rose Avenue respectively:
• for death or personal injury caused by their negligence;
• for fraud or fraudulent misrepresentation; or
• for any matter for which it would be illegal for Rose Avenue or SDSA to exclude, or attempt to exclude, liability.
15. Severability
If any provision of these Sales Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Sales Terms and shall be enforced to the fullest extent permitted by applicable law not affecting the validity and enforceability of any remaining provisions.
16. Contact details
Rose Avenue Customer Service Team will assist you with any Rose Avenue Online Store order related questions or complaints. You can contact Rose Avenue via email [email protected] from Monday to Friday between 09:30 - 13:00 / 14:00 - 18:00, except for public holidays.
17. Transfer of rights and obligations
These Sales Terms are binding on you and Rose Avenue and on any person Rose Avenue might transfer its rights to.
You may not transfer, assign, charge or otherwise dispose of a contract with Rose Avenue, or any of your rights or obligations arising under it, without our prior written consent.
Rose Avenue may transfer, assign, charge, sub-contract or otherwise dispose of a contract with you, or any of Rose Avenue's rights or obligations arising under it, at any time during its term.
18. Waiver
If Rose Avenue fails, at any time to insist upon strict performance of any of your obligations under these Sales Terms, or if Rose Avenue fails to exercise any of the rights or remedies to which it is entitled under these Sale Terms this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
19. Entire agreement
These Sales Terms and conditions and any document expressly referred to in them represent the entire agreement between Rose Avenue and you and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
You acknowledge that, in entering into a contract with SDSA, you have not relied on any representation, undertaking or promise given by SDSA or any third party or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these Sales Terms.
20. Governing law and Jurisdiction
These Sale Terms and your purchase of products from Rose Avenue through the Rose Avenue Online Store shall be governed by and construed in accordance with the laws of Hong Kong S.A.R..
Any dispute or claim arising out of or in connection with these Sales Terms or your purchase of Products from Rose Avenue (including non-contractual disputes or claims) shall be subject to the jurisdiction of the courts of the Hong Kong S.A.R..