1. About the Website
1.1. Welcome to www.rosethelabel.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
1.2. The Website is operated by Rose the Label Pty Ltd (ABN 91 683 567 447). Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by Rose the Label Pty Ltd. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.
1.3. Rose the Label Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Rose the Label Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Rose the Label Pty Ltd in the user interface.
3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you may register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself, including:
(a) an email address
(b) a mailing address
(c) a telephone number
(d) a password.
3.2. You warrant that any information you give to Rose the Label Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
3.3. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) You are not of legal age to form a binding contract with Rose the Label Pty Ltd; or
(b) You are a person barred from receiving the Purchase Services under the laws of Australia or other countries.
4. Your Obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) You will use the Purchase Services only for purposes that are permitted by the Terms and any applicable law or regulation in the relevant jurisdictions;
(b) You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(c) Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Rose the Label Pty Ltd of any unauthorised use of your password or email address;
(d) You will not use the Purchase Services or Website for any illegal and/or unauthorised use;
(e) You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services; and
(f) You acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
5.1. In using the Purchase Services to purchase the Product through the Website, you agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
5.2. Payment of the Purchase Price may be made through third-party providers, including but not limited to: PayPal, Stripe, Afterpay, or ZipPay (the 'Payment Gateway Providers'). In using the Purchase Services, you warrant that you have agreed to be bound by the applicable terms and privacy policies of these Payment Gateway Providers.
5.3. Following payment of the Purchase Price being confirmed, you will be issued with a receipt to confirm that the payment has been received.
5.4. Change of Mind Returns: Rose the Label Pty Ltd offers a Change of Mind return policy. If you change your mind, you may return your item for an Exchange, Store Credit, or Refund within 7 days of your delivery date. To be eligible, items must be unworn, unwashed, in their original condition, and with all tags attached. For health and hygiene reasons, items designed to come into direct, intimate contact with the skin cannot be returned or exchanged for a change of mind. Return shipping costs for change-of-mind returns are the responsibility of the customer.
Please Note: This 7-day limit applies strictly to change-of-mind circumstances. Your consumer rights regarding faulty or defective products are completely separate, are not limited by this timeframe, and are detailed in Section 6 below.
6. Faulty Items and Consumer Guarantees
6.1. Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
6.2. If you believe your product has a manufacturing defect or fault, please contact us at rosethelabelhq@gmail.com with your order details and photos of the issue to initiate an assessment.
6.3. To determine eligibility for a remedy, the item must be returned to Rose the Label Pty Ltd for physical inspection. Return shipping costs to send the item to us for assessment are initially the responsibility of the customer.
6.4. Once received, our team will inspect the item. If a genuine manufacturing fault is confirmed upon physical assessment, Rose the Label Pty Ltd will provide a repair, replacement, or full refund in accordance with your rights, and we will reimburse you for the reasonable postage costs incurred to return the item to us.
6.5. If the issue is determined to be the result of normal wear and tear, accidental misuse, mishandling, or a failure to follow the care and washing instructions provided with the garment, a remedy will not be offered and the item can be returned to you at your expense.
7. Delivery and Shipping
7.1. Rose the Label Pty Ltd integrates delivery services through third-party delivery companies, including Australia Post and other parcel delivery networks (the 'Delivery Service Providers').
7.2. We will make every effort to ensure your package is securely handled and dispatched. Dispatch and delivery timeframes are dependent on the specific shipping details selected at checkout and the carrier used. Please refer to our dedicated shipping information page on the Website for current rates, delivery zones, and estimated timeframes.
7.3. In the event that an item is lost or damaged in transit, please contact us at rosethelabelhq@gmail.com. We will work directly with you and the Delivery Service Provider to investigate the issue and ensure a fair resolution is reached in accordance with consumer regulations.
8. Copyright and Intellectual Property
8.1. The Website, the Purchase Services and all of the related products of Rose the Label Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties.
8.2. Rose the Label Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you any business name, trademark, or copyrighted designs owned by Rose the Label Pty Ltd.
8.3. You may not, without the prior written permission of Rose the Label Pty Ltd, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content for any purpose.
9. Privacy
Rose the Label Pty Ltd takes your privacy seriously. Any information provided through your use of the Website and/or the Purchase Services is subject to our Privacy Policy, which is available on the Website.
10. Liability Disclaimer
10.1. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law, which by law may not be limited or excluded.
10.2. Rose the Label Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website; however, you acknowledge that minor variations in colours or fabric textures may occur depending on screen settings and material characteristics.
10.3. Subject to this clause, and to the extent permitted by law, Rose the Label Pty Ltd will not be liable for any indirect or consequential loss, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services, unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee.
11. Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or by Rose the Label Pty Ltd.
11.2. If you want to terminate the Terms, you may do so by notifying Rose the Label Pty Ltd at any time or closing your user account.
11.3. Rose the Label Pty Ltd may at any time, terminate the Terms with you if you have breached any provision of the Terms, or if we are transitioning away from providing the services on the Website.
12. Indemnity
You agree to indemnify Rose the Label Pty Ltd, its affiliates, employees, and agents from and against all actions, claims, demands, liabilities, and expenses arising out of your unlawful use of the Website or any direct breach of these Terms by you.
13. Dispute Resolution
13.1. If a dispute arises out of or relates to these Terms, both parties agree to first attempt to resolve the issue in good faith through direct negotiation.
13.2. If the dispute cannot be resolved via negotiation within 14 days, either party may request that the matter be referred to an independent mediator. The mediation will be held in New South Wales, Australia, and the costs of the mediator will be shared equally between the parties.
13.3. Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court, or exercising their right to lodge a formal complaint with NSW Fair Trading or the ACCC.
14. Venue, Jurisdiction and Governing Law
The Terms are governed by and construed in accordance with the laws of New South Wales, Australia. In the event of any unresolved dispute, you agree that the venue for resolving legal proceedings shall be in the courts of New South Wales, Australia.
15. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the remainder of the Terms shall continue in full force and effect.
