Terms of service
TERMS & CONDITIONS
PRICE MATCHING
Like many retailers, we reduce prices of styles periodically. If you purchase a style before it is reduced, we are not obliged to honour the newly reduced sale price for you.
SITEWIDE SALES AND REGULAR PROMOTIONAL SALES
Promotional sales may exclude selected styles, pre-orders and the purchase of e-vouchers. All styles will be marked down if included in a promotion unless a discount code is required, in which case the final price will display once the code has been entered correctly at checkout. Discount codes can only be applied once per person. All sale items are final sale. Some bodysuits are considered intimates for returns purposes and are ineligible for return, so please check the product description for details before transacting. If a promotional sale applies to already reduced styles (mark down items), the discount will be applied to their current sale price. You may or may not see the original RRP if this is the case. The use of discount codes issued prior to a sale is not applicable on already reduced styles during a sitewide sale. Shipping times may vary due to the high volume of orders received during a sale, so please allow additional processing and shipping time during busy periods. RO reserves the right to end a promotional sale at any time without notice.
FINAL SALE/MARK DOWN SALE STYLES
Styles purchased at final sale cannot be returned for an exchange or credit note. A style is considered final sale where it is in the 'Sale' section and shows a permanently marked down price. If you purchase a style before it is reduced, we are not obliged to honour the newly reduced sale price, nor are we required to price match a style you may see cheaper elsewhere.
CLEARANCE SALES/END OF YEAR BOXING DAY SALES
Clearance sales exclude the purchase of e-vouchers, and at times, selected styles. All styles will be marked at a discounted price if they are included in a sale. All sales are final which means that any item purchased during the sale is ineligible for return OR exchange so please choose carefully before transacting. Discount codes cannot be used in conjunction with clearance sales.
COMMUNICATIONS
When signing up via any of RO's membership platforms, you consent to RO using your personal information, such as your email address, for direct marketing purposes. This includes sending you correspondence such as newsletters, product information, competitions and promotions, by email, SMS, social media or post. You may opt out of receiving these direct marketing communications, and any variation to your communication preferences, at any time.
GENERAL
All contracts and dealings between RO and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns (‘RO’) and any person (‘Customer’) relating to any goods or services (‘Goods’ and ‘Services’) provided and supplied by RO to the Customer through the website www.ROSSEL.LA (‘Website’) are subject to the terms and conditions of trade set out below (‘these Terms’).
ACCESS
Access to the Website is permitted on a temporary basis, and RO reserves the right to withdraw or amend the Services without notice. RO will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, RO may restrict access to some parts or all of the Website without notice.
INTELLECTUAL PROPERTY
- All intellectual property rights in all software and content made available to the Customer on or through the Website remains the property of RO.
- The Customer is authorized to download, view, copy and print any content on the Website for personal, informational and non-commercial purposes only. Such content must not be modified or altered in any way.
- The Customer is not permitted to copy, reproduce, alter, distribute, publish or use in any manner any content on the Website other than as permitted under these Terms without the written express consent of RO. Such consent may be withheld by RO at its absolute discretion.
- The Customer must not remove any copyright or trademark notices from the content found on the Website.
- RO makes no representation or warranty to the Customer of any kind, express or implied that the Goods and Services will not infringe any intellectual property rights of a third party.
TERMS OF SALE
- By placing an order for any Goods on the Website (‘Order’) the Customer is offering to purchase the Goods on and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and RO with respect to the supply of the Goods in accordance with these Terms.
- All Orders are subject to availability of the Goods and confirmation of the Order price.
- Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Italy and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure (see clause 15) for which RO will not be responsible.
- The Customer acknowledges that all Orders through the Website are with respect to goods intended for personal and domestic use only and non-commercial use.
- In order to contract with RO the Customer must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to RO.
- RO reserves the right to accept or reject an Order for any reason at any time.
- When placing an Order the Customer undertakes that all details that are provided to RO are true and accurate, that the Customer is an authorized user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the Goods.
- RO reserves the right to hold an order pending credit card verification. Our Customer Care team will contact you requesting a photocopy of the front of your driver's licence and the credit card used to make a purchase. If a response is not received within 48 hours, your order will be canceled and your card refunded. If our merchant bank is not satisfied with the information provided, your order will also be canceled and refunded.
- Changes to items on orders, shipping addresses or names are not permitted once an order has been processed. RO can refuse any amendment or cancellation of an order at any time.
PRICE
- The price with respect to any Goods is specified on the Website (‘Price’). The Price is exclusive of any delivery fee (see clause 10).
- Unless otherwise stated, all Prices quoted are in Euro and where applicable are exclusive of goods and services tax (‘GST’). Any fees and charges (e.g. delivery fees) imposed by these Terms also exclude GST where applicable.
- RO reserves the right to change or alter the Prices of Goods on the Website without notice to the Customer.
- In paying or attempting to pay for the Goods, the Customer agrees that the Customer has not engaged in any fraudulent conduct or contravened any law.
- RO will issue the Customer with a tax invoice once payment in respect of the Order has been processed.
PRE-ORDER ITEMS
A Pre-Order is the term used when a Good is unavailable for immediate shipment because it is in production to be shipped at a later date. The estimated date of delivery is displayed on the product page and the product is clearly marked as a pre-order online. Pre-Order items are not able to be cancelled once placed.
LIMITATION OF LIABILITY & INDEMNITY
- The Italian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Italy. These guarantees cannot be modified nor excluded by any contract. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Italian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms and the Italian Consumer Law, RO makes no warranties or other representations in relation to the supply of Goods. RO’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
- The Customer agrees to use the Website at their own risk. The Customer agrees to indemnify RO, its affiliates, officers or directors from any third party claims, liability, damages and/or costs arising from the Customer’s use of the Website or breach of these Terms, including damages caused by virus or any incorrectness or incompleteness of the information on the Website or the supply or use of the Goods.
- RO does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning any property belonging to the Customer.
- Further to clause 3, the Customer accepts upon Delivery all risk for loss or damage to the Goods whether caused by the Customer or not, and the Customer indemnifies RO against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Goods after the Customer has taken possession of the Goods. Risk in the Goods will remain with the Customer at all times unless RO retakes possession of the Goods in accordance with clause 9.
LINKING TO THIS WEBSITE
- The Website may provide links to websites and access to content from third parties, including users and affiliates of RO.
- The Customer agrees that RO is not responsible for the availability of, and content provided on, third party websites. The Customer should refer to the policies posted by other websites regarding privacy and other topics before they use them.
- To the fullest extent permitted by law in no way will RO, its officers, agents and employees be held liable for any remedy at law or in equity for any loss or damage incurred from dealing with any third party.
WAIVER
- The failure of a party at any time to require any performance by another party of a provision of these Terms shall not affect in any way the full right of the waiving party to require that performance subsequently.
- The waiver by any party of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of the right of that party to avail itself of its rights subsequently.
- Any waiver of a breach of these Terms shall be in writing signed by the party granting the waiver, and shall be effective only to the extent specifically set out in that waiver.
FORCE MAJEURE
If the performance of RO's obligations under these Terms is prevented, restricted or affected by a force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of RO, RO will not be liable for any loss or damage suffered by the Customer or any other person and RO will give the Customer written notice if the force majeure event has continued unabated for 30 days.
GOVERNING LAW & JURISDICTION
These Terms contained herein shall be governed by the laws of Italy and the Customer submits to the exclusive jurisdiction of the Courts of Italy to hear disputes arising under or in connection with these Terms and courts entitled to hear appeals from those courts.
SEVERABILITY
- The parties agree that all the provisions of these Terms are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent.
- The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing signed by all parties.