Terms and conditions

U.S. General Terms and Conditions

We would like you to review our General Terms and Conditions, which regulate the purchase of Rosefield products via our Website.

Rosefield Support Team:

E-mail: support@rosefieldwatches.com

WhatsApp: https://wa.me/31629411900

Instagram: https://www.instagram.com/rosefield/

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 16 YEARS OF AGE.

  1. Definitions

Website: www.rosefieldwatches.com.
Customer(s): a consumer who is of legal age and who is not acting within the context of practicing a profession or conducting a business, with whom Rosefield concludes an agreement.
Defect(s): any substantive defect of a Product in violation of a written specification by Rosefield, as a result of which the Product is not fit for its intended use, at Rosefield’s sole discretion.
Order: an agreement between Rosefield and Customer made for the sale, purchase and delivery of one or more Products which Rosefield accepted as such in writing.
Order Confirmation: Rosefield’s written confirmation to Customer that an Order has been received.
Party or Parties: Rosefield and Customer, individually or collectively.
Products: Rosefield products provided pursuant to the Order.
Rosefield: Rosefield Watches USA Inc., a Delaware corporation.
Terms: these General Terms and Conditions of Rosefield.

  1. Applicability

 

  • These Terms, together with any orders of Customer and order confirmations by Rosefield, exclusively govern the relationship between Rosefield and Customer, and any Order or other agreements, as well as any subsequent amendments thereof, between Rosefield and Customer. These Terms shall be applicable even if Rosefield uses third parties to deliver Products. By ordering Products via the Website, Customer agrees to these Terms.
  • These Terms are accessible via the Website.
  • Upon request, Rosefield will send a copy of these Terms to Customer by email.
  • Rosefield reserves the right to update these Terms, at its sole discretion, from time to time.
  • In case of inconsistencies between the Terms of an Order and those contained in these Terms, those in the Order shall control.
  • If Rosefield departs from these Terms in one or more Orders with Customer, that does not mean that such departure also applies to earlier or subsequent Orders between Rosefield and Customer.

 

  1. Orders on the Website

3.1 Availability of Service

Rosefield offers shipment of all Products to all countries that can be selected, when choosing the shipping address. Before placing an Order, please make sure that you are:

  • 16 years or older; and
  • a consumer (a Customer in the understanding presented in Article 1 of these Terms and therefore not a professional reseller).

3.2 Purchase Order Procedure

All offers of Rosefield are non-binding and may be revoked at any time, also if the offer states a term for acceptance, unless Rosefield states otherwise in writing.

Customer hereby understands and accepts that all colors, drawings, models, dimensions, weights and other specifications of Products are estimates only, although Rosefield will use best efforts to ensure their accuracy. Small deviations cannot be deemed a Defect of the Product.

Every offer contains information that makes it clear to Customer what rights and obligations are related to the acceptance of the offer.

To place an Order, Customer’s personal details will be required. The personal details will be further included in Rosefield’s database for the purpose of processing the Order. The personal details provided by Customer(s) will be processed in accordance with Rosefield’s Privacy Policy: https://www.rosefieldwatches.com/pages/privacy-policy  

After Customer submits an Order, Rosefield will send an Order Confirmation to the e-mail address indicated by Customer. Any Order only becomes binding upon the Parties after confirmation by Rosefield in writing.

An Order Confirmation contains:

  • the contact details of Rosefield’s Support Team;
  • the price, including all taxes on the Product.

3.3 Cancellation of Order

Rosefield reserves the right to cancel the Order, without obligation to compensate Customer for any losses other than a refund of the amount received from Customer, in the following situations:

  • the Order is flagged by Rosefield’s security systems as an unusual order or an order susceptible to fraud;
  • there is reason to believe Customer is under 16 years old;
  • there is reason to believe Customer is a reseller;
  • in the event of misspelling or other mistakes in the offer (see section 4.2: ‘Errors and Mistakes’);
  • in exceptional circumstances, that the Product appears not to be available or in stock after an Order Confirmation has been sent;
  • Rosefield could not deliver the Product to the address provided by Customer, due to an event beyond Rosefield’s reasonable control (see Article 13: ‘Force Majeure’).

 

  1. Prices and Payment

4.1 Prices

Product configurations and prices are subject to change at any time, and Rosefield shall at all times be entitled to modify price lists, brochures, printed matter, quotations and other documents.

Prices are always listed without sales tax. Sales tax that may be imposed by applicable laws on a sale, purchase or delivery of Products to Customer, if any, will be added to Customer’s invoice.

4.2 Errors and Mistakes

Rosefield is not responsible for any pricing, typographical, or other errors in any correspondence from Rosefield and reserves the right to cancel any orders arising from such errors.

4.3 Payment

All purchase prices are due upon Order and before shipment, unless otherwise agreed upon in writing by Rosefield.

Customer shall not be entitled to refuse to discharge or to suspend the discharge of its payment obligations on account of an alleged Defect in the Products, or on any other account whatsoever.

Customer shall be liable for any loss as a result of Customer’s refusal to pay, such as amounts which Rosefield incurs to collect payment, including without limitation, collection agency fees, reasonable attorney’s fees and arbitration or court costs.

4.4 Payment Methods

Rosefield accepts credit cards, PayPal and other payment methods available at checkout for all purchases.

For all payments by credit or debit card, the charge will be made online through the payment gateway of the corresponding financial entity, once it has been confirmed that the data sent by Customer is correct.

4.5 Payment Security

In order to offer a more secure payment process, all confidential data is transferred directly and in an encrypted format (SSL) to the corresponding financial entity.

  1. Promotional Codes

Promotional codes may not be used in combination with other promotions/special offers. As an example, promotional codes are not valid on gift boxes where an existing discount is already applied, unless otherwise stated by Rosefield in writing. Promotional codes cannot be used on previously placed orders and are not transferable, nor redeemable for cash or credit. To apply a promotional code, Customers must enter it in the “Coupon” field located in the “Order summary” section during checkout, prior completing the Order.

  1. Delivery

All orders are subject to Product availability and Rosefield is entitled to make partial deliveries. Customer is aware that Products are shipped through third party carriers and that delivery times and dates are merely estimates.

All Orders for the delivery of Products shall be treated as separate agreements.

In order to avoid any delivery problems (incorrect address, absence of the addressee, etc.), Customer must fill in the address form correctly. It is advisable to leave a contact telephone number in the corresponding field. Customer bears the responsibility for the correct input of the delivery address. Rosefield cannot be held responsible for the (partial) loss of the Products shipped due to an error in the delivery address that may be attributable to Customer.

In case Rosefield needs any additional information regarding the delivery address, Customer may be requested to provide such additional information. A delay in the delivery may occur in case additional information regarding the delivery address is required.

Once the Product has been handed over to the carrier, Rosefield will send Customer a track & trace code.

Should delivery of a Product that has been ordered prove impossible, Rosefield will attempt to provide a replacement Product. The fact that a replacement Product is being supplied will be stated clearly and intelligibly, at the latest upon delivery.

The risk of damage and/or loss of Products will pass to Customer on delivery of the Products to Customer, or when Customer, or a representative acting on its behalf, has effectively assumed control of the Products, whichever is sooner, even if Rosefield has not yet transferred ownership thereof, unless otherwise agreed upon by Parties in writing.

6.1 Damaged, Incomplete or Wrong Product(s)

Claims in connection to shortages or errors in shipments, or obvious Defects in Products must be reported in writing to Rosefield Support Team using the contact form (https://help.rosefieldwatches.com/en_us/contact/contact-us-B1KGnXK3o ) within seven (7) days of receipt of such shipment/Products. If Customer fails to report timely, Rosefield will have no obligation to correct such shortages, errors or Defects unless Customer bears all the expenses thereof.

In the case of any alleged shortage, error or Defects, Customer shall allow Rosefield to inspect the Products subject to the alleged Defect.

Rosefield will use its best endeavors within thirty (30) days after receiving a complaint to assess whether the complaint is valid.

If a complaint is declared valid by Rosefield, the remedy for allegedly defective Products is the replacement of such Products or parts of such Products, at no costs for Customer, and Rosefield will bear the costs of this shipment and subsequently arrange the shipment of the ordered Product to Customer.

In case Customer returns the Product at his or her own cost without contacting and/or awaiting the instructions of Rosefield Support Team, Customer cannot claim from Rosefield any reimbursement of the shipment costs nor hold Rosefield responsible for the return shipment that took place without prior written consent from Rosefield Support Team.

6.2 Missing Items

Claims in connection to undelivered Products at the delivery address (or pick-up point) indicated by Customer within ten (10) days of the shipment date must be reported in writing to Rosefield Support Team using the contact form (https://help.rosefieldwatches.com/en_us/contact/contact-us-B1KGnXK3o ) within fourteen (14) days of the shipment date.

In case the Product that has been shipped from Rosefield to Customer is missing, or in case Customer claims that he or she did not receive the Product (despite otherwise indicated by the carrier or in the track & trace system), a complaint procedure with the carrier will be initiated. Customer must fully cooperate with Rosefield and the carrier during this complaint procedure.

In case the complaint procedure indicates that the shipment went missing through fault of the carrier, Rosefield, at its sole discretion, will either refund Customer or re-ship the Product. A refund or re-shipment of Products shall take place after Rosefield receives written confirmation from the carrier that the shipment went missing through the fault of the carrier.

  1. Returns

The address for all returns is:

Salesupply c/o Rosefield Watches
184 Tuckerton Rd
Reading, PA 19605
United States

Customer may return Products within sixty (60) days of delivery after giving advance written notice to Rosefield if the Products are in new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original Rosefield packaging, including all accessories and documents.

Customer may, at their own cost and expense, return products through Rosefield’s online portal. Customer shall receive a return address label and shall choose a third-party carrier to arrange their return.

Rosefield reserves the right to not accept a return if the Product shows signs of wear or has been used or altered from its original condition in any way, or as an alternative, to reduce the amount of any applicable refund.

The exercise of the return option shall not apply to:

  • Worn (used) products;
  • Watches that have been activated;
  • Personalized jewelry;
  • Products that are not suitable for return due to hygienic reasons, at Rosefield’s discretion.

If Customer returns the Products contrary to these provisions or without a valid reason, Rosefield will keep those Products available to the Customer for the Customer’s account and risk, insofar as Rosefield does not refuse those Products. Rosefield then holds those Products without in any way acknowledging the correctness of a claim under a warranty on the part of Customer.

Rosefield does not offer exchanges for returned Products. If Customer wishes to purchase a new Product, Customer is kindly asked to place a new order.

  1. Intellectual Property

All intellectual property rights, e.g., patents, copyrights, trademarks, designs, models, know-how and all proprietary and/or commercial rights and trade secret rights, tools, documentations, etc. in relation to the Products, are owned by Rosefield or its licensor(s).

  1. Termination and Suspension of Performance

If Customer believes that Rosefield has failed to perform under the Order, it must notify Rosefield in writing, explaining in detail the alleged shortcomings, and allow thirty (30) days for Rosefield to cure if it has failed to perform. If Rosefield fails to cure the alleged breach of the Order within this time period, Customer may return the Products delivered under the Order and request a refund of such Products.

If Customer fails to make payment of any amount due on the due date or Customer otherwise fails to perform its obligations under the Order or these Terms, or if Rosefield reasonably expects that Customer will not fulfil its obligations, Rosefield may in its sole and absolute discretion suspend performance under the Order and/or terminate the Order (in whole or in part), with immediate effect, without being liable for any damages to Customer.

Notwithstanding the above and without any obligation to return any prepaid sums, Rosefield may terminate or suspend an Order at any time:

  • If Customer is in breach of these Terms and/or the Order;
  • If Rosefield reasonably suspects Customer is using Products to breach the law or infringe third party rights;
  • If Rosefield reasonably suspects that Customer is trying to unfairly exploit or misuse the complaint policy, or any of Rosefield’s policies;
  • If Customer fails to pay any amounts due to Rosefield;
  • If required due to change in laws/regulation by a regulator or authority with a lawful mandate, or by any of Rosefield’s partners; and/or
  • If Customer is in violation of any applicable laws or regulations.

 

  1. Warranty

Rosefield warrants its Products against Defects in materials and workmanship for one (1) year from the date of delivery to the Customer. During the aforementioned warranty period Rosefield will use its best efforts to repair any Defects as may be found during such period. However, any such problems or malfunctioning encountered in the use of the Products, as arise out of user errors or inexpert use on the part of Customer, or out of any other causes that are not attributable to Rosefield, shall be for Customer’s risk and account and are not covered by Rosefield’s warranty.

The warranties hereunder do not cover faults or damages arising from:

  • inappropriate use, negligence, carelessness, abuse or intentional damage (such as scratching, bouncing, falling) and changes in color that are a result of the use of water, perfumes, soap, lotion or hair product;
  • unjustifiable repair or modification performed by a third party without the prior written permission of Rosefield;
  • fire or water;
  • normal wear and tear and aging (such as alteration of the color of the leather strap, scratches on the case and/or crystal and peeling of the plating on the case or strap); or
  • battery replacement during the warranty period.

 

The remedy for allegedly defective Products is the replacement of such Products, at no cost for Customer, however shipping costs will be for the account of Customer, unless otherwise agreed upon by Parties in writing. Alternatively, Rosefield may choose to grant Customer a credit of the paid price of the defective Products towards future purchases.

In case of questions regarding returns and warranty, Customer can always visit the Website’s FAQ (https://help.rosefieldwatches.com/lang/en_us/ ) or contact Rosefield Support Team via the contact form available here: https://help.rosefieldwatches.com/en_us/contact/contact-us-B1KGnXK3o

  1. Limitation of Liability

IN NO EVENT SHALL ROSEFIELD, ITS AFFILIATES OR ITS LICENSORS BE LIABLE, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE ORDER OR THESE TERMS TO THE CONTRARY, ROSEFIELD’S AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND SHALL NOT EXCEED THE TOTAL PAID BY CUSTOMER FOR THE PRODUCTS IN CONNECTION TO WHICH THE DAMAGING EVENT OCCURRED.

THE LIMITATIONS ON ROSEFIELD’S LIABILITY ABOVE SHALL APPLY WHETHER OR NOT ROSEFIELD, ITS EMPLOYEES, LICENSORS OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH LOSSES OR DAMAGES ARISING.

  1. Severability

If any provision of these Terms, the Order or any other agreement between the Parties, is held to be null, void or otherwise ineffective or invalid by a court of competent jurisdiction, such provision shall be deemed to be restated to reflect as nearly as possible the original meaning of the terms or agreement in accordance with applicable law, and the remaining terms, provisions, covenants and restrictions shall remain in full force and effect.

  1. Force Majeure

Rosefield shall not be liable or responsible to Customer, or be deemed to have defaulted under or breached the Order, for any failure or delay in fulfilling or performing any term of the Order, when and to the extent such failure or delay is caused by or results from acts beyond Rosefield’s reasonable control, including, without limitation, the following force majeure events: (i) acts of God; (ii) flood, fire, earthquake, other potential disaster(s) or catastrophe(s), such as epidemics and pandemics, including Covid19 related causes, or explosion; (iii) (cyber) crime, cyber (vandalism), war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (iv) government order, law, or actions, whether or not related to Covid19 or any other pandemic; (v) embargoes or blockades in effect on or after the effective date of the Order; and (vi) national or regional emergency; (vii), power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; (viii) failures of the Internet, data network or telecommunication facilities; and (ix) other events beyond the reasonable control of Rosefield. Rosefield will notify Customer promptly in writing of the reasons for the delay or stoppage (and the likely duration) and will take all reasonable steps to overcome the delay or stoppage.

If the force majeure lasts more than three (3) months, Rosefield and Customer are both entitled to terminate the non-feasible parts of the Order.

  1. Personal data and privacy

Rosefield’s Privacy Policy, https://www.rosefieldwatches.com/pages/privacy-policy ,governs the processing of personal data collected from or about Customer in connection with the purchase of Products through the Website.

  1. Entire Agreement

The Order and these Terms contain the entire agreement between Rosefield and Customer regarding Customer’s purchase of the Products, and supersedes and replaces any previous communications, representations or agreements, or Customer’s additional or inconsistent terms, whether oral or written.

  1. No Waiver

The failure to exercise, or delay in exercising, a right, power or remedy provided by the Order, these Terms or by law shall not constitute a waiver of that right, power or remedy. If Rosefield waives a breach of any provision of these Terms or the Order, this shall not operate as a waiver of a subsequent breach of that provision or as a waiver of a breach of any other provision.

  1. Governing Law

These Terms and any Order, and all matters arising out of or relating to an Order, shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of New York. Applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

  1. Arbitration

All disputes and controversies arising out of or relating to these Terms, the Order, or the relationship of the Parties shall be finally and bindingly resolved under the International Arbitration Rules of the American Arbitration Association in front of a sole arbitrator.  The place of arbitration for Customers excluding Customers located in California shall be New York, New York. The place of arbitration for Customers located in California shall be San Francisco, California. [The Parties agree to arbitrate solely on an individual basis, and that the Order and these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.] Customer shall have the right to opt out of this agreement to arbitrate by providing written notice of its intention to do so to Rosefield within sixty (60) days of submitting an Order. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force. The language of the arbitration shall be English. Any award, verdict or settlement issued under such arbitration may be entered by any Party for order of enforcement by any court of competent jurisdiction. ANY CAUSE OF ACTION AGAINST ROSEFIELD, REGARDLESS OF WHETHER IN CONTRACT, TORT OR OTHERWISE, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Last updated on June __, 2024