TERMS & CONDITIONS

 

The Sales and services provided by the website www.rosadababy.com are subject to the terms, and conditions as listed and any Legal entity, person or customer/buyer/visitor by using, browsing or ordering via this website of www.rosadababy.com shall be deemed to have unconditionally accepted the terms and conditions listed in this document as below:

 

The website www.rosadababy.com is an online sales & service website officially owned, managed and operated by Rosada®, a brand of ROSADA UNICORN PRIVATE LIMITED, a company duly incorporated under Companies Act, 2013 in Kolkata, India. Hereafter, the term “Firm/Owner/Service provider/Seller” shall mean brand Rosada®, term “website/site” shall mean www.rosadababy.com & “customer/buyers/visitors/user” shall mean any one visiting, browsing, referring or ordering through www.rosadababy.com.

All information, products, images etc. displayed on the website solely belongs to Rosada® and shall not be in any case copied, transferred, represented or used in any manner whatsoever without written consent of the firm. Any such action shall be considered unlawful and will be subject to legal action. Use of any service (for e.g., Reviews, Ratings etc.) will be subject to the rules & guidelines applicable to such service. Rosada® (www.rosadababy.com) reserves the right to remove, change or question these information at its discretion and without any prior information to anyone. Rosada® solely reserves the right to change, add, alter, remove, edit any or all the contents of the site and the terms and conditions herein at its own discretion and without any information to others from time to time. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. All information, products and services displayed on the website, belonging to Rosada® constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions listed herein. Rosada® has the right to accept or reject your offer without assigning any reason thereof. Rosada® reserves the right to add, delete, alter or modify these terms and conditions at any time. You are therefore advised to read carefully these terms and conditions every time you use the services of the website.

USAGE AND ACCOUNT OBLIGATIONS

For customers under the age of 18 years, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by all the Terms & Conditions of Use. All customers may be assigned an Account Username & Password to enable you to login and use certain portions of this website (www.rosadababy.com). By signing up for an Account Username you agree to:

1. Provide true, accurate, current and complete customer information about yourself in new user signup form.

2. Maintain and update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if the firm has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the Terms & Conditions of Use, the firm has the right to indefinitely suspend or terminate your account and refuse to provide you with access to website.


“Customer Information”; is defined as any information you provide to us in the new account registration, in the feedback area or through any email correspondence. We will protect Customer Information in accordance with our Privacy Policy. You are solely responsible for protecting the confidentiality of Your Account Username & Password, and you agree to accept responsibility for all activities that occur under Your Account Username. Rosada® shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your username or password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately through Customer Service. If Rosada® has reason to believe that there is likely to be a breach of security or misuse of the website, we may require you to change your password or we may suspend your account without any liability to Rosada®. We do use your contact information to send you offers based on your previous orders and your interests.”

PRICING, TECHNICAL OR TYPOGRAPHICAL ERRORS

Rosada® on its website (www.rosadababy.com) strives to provide accurate product and pricing information, pricing or typographical or technical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Rosada® shall have the right to refuse or cancel any orders placed for that product listed at the incorrect price. Rosada® shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and money has been charged. Rosada® shall initiate a refund in such cases or offer you a credit note to be redeemed for your future purchases as per your choice.

RIGHT TO REFUSE OR CANCELLATION ORDERS BY ROSADA® (www.rosadababy.com)

There may be certain orders that we are unable to process and needs cancellation. Rosada® reserves the right to refuse or cancel any order without sighting any reason whatsoever. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your money has been charged, Rosada® may initiate a refund in such cases or offer you a credit note to be redeemed for your future purchases as deemed fit at its own discretion. However, this is made clear that, no orders can be cancelled and refunds demanded by the customers once the orders are placed in any circumstances whatsoever.

FINANCIAL TRANSACTIONS

You agree, understand and confirm that the financial details provided by you on the website and payment modes used or shall be used for availing of services on www.rosadababy.com are correct and accurate and lawfully owned by you. Any financial information will not be utilized and shared by www.rosadababy.com with any of the third parties unless required for fraud verifications or by law, regulation or court order. Rosada® and its www.rosadababy.com will not be liable for any credit card fraud or any money that has not been received against payments in its official bank accounts. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you (customer).


Rosada® uses Third Party payment gateway against a service and platform usage fee, as approved by Govt. of India and does not has any control and monitoring rights on the Gateway processing. Any Payment related issues may be directly dealt with the gateway provider.
Rosada® reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using www.rosadababy.com fraudulently. Rosada® reserves the right to initiate legal proceedings against such persons for fraudulent use of its website and any other unlawful acts or acts or omissions in breach of these terms and conditions.

EXTERNAL LINKS

 

Rosada® via its website www.rosadababy.com links to other third party (other than www.roadababy.com) website that may collect personal information about you. Rosada® is not responsible for the privacy practices or the content of those third party linked websites and is not liable for any loss caused to you by those third party linked websites.

FAKE OR DUMMY WEBSITES

Rosada® manages and operates www.rosadababy.com, which is the only official website of the company. Rosada® has not granted any permissions or rights to any other website to sell products and collect money on its behalf.

Rosada® shall not be responsible for any actions of fake or third party websites. You are seriously advised to check authenticity of website before placing orders and you are requested to bring to our notice any such case for immediate action. Rosada shall not be responsible for any frauds or monetary transactions that may be carried out by you on similar looking website or websites using Rosada name or logo falsely.

PRODUCT DESIGN, COLORS AND APPEARANCE

We have made every effort to display the colors of our products that appear on www.rosadababy.com as accurately as possible. However, as the actual colors you see will depend on your display screen, we cannot guarantee that your display screen of any color will be accurate. Due to display settings and/or video card differences, subtle variations in color and texture may not be fully revealed.

Rosada selling its products through its website www.rosadababy.com cannot guarantee the finish and appearance of the final customized product ordered by the user. Alterations to certain aspects of your custom product order such as the size, color, personalization text, font size and type etc., may be required due to limitations caused by the design and/or available production and raw materials.

Further, All Rosada products are handcrafted using basic equipments by our skilled Indian Artisans. We take all efforts in standardizing the product quality, shape, size, material and looks. However, there could be some differences in products from the pictures shown on the website. Little changes or imperfections and slight variations could be there and should not be considered as mistakes and no claims based on these shall be accepted.

REVIEWS AND FEEDBACK

Except as otherwise provided elsewhere of www.rosadababy.com, anything that you submit or post or provide to www.rosadababy.com, including without limitation, pictures of products shared on social media or on website, product reviews, comments, feedback, suggestions, ideas, questions (collectively, “Disclosures”) shall be and remain property of Rosada®.

All Disclosures shall be treated as non-confidential and non-proprietary, and Rosada® shall have royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Disclosures by any means and in any form, and to translate, modify, or decompile such Disclosures without restriction and without compensating you in any way. All Disclosures shall automatically become the sole and exclusive property of Rosada® and shall not be returned to you.
Rosada® or its website www.rosadababy.com is and shall be under no obligation to:

  1. maintain any Disclosures in confidence;
  2. pay you any compensation for any Disclosures; or
  3. respond to any Disclosures.

You agree that any Disclosures submitted by you to the website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Disclosures submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead www.rosadababy.com or third parties as to the origin of any Disclosure. www.rosadababy.com may, but shall not be obligated to, remove or edit any Disclosures (including comments or reviews) for any reason.

 

TRADEMARKS, DESIGN PATIENTS & COPYRIGHT


1. Ownership: The Registered trademark "ROSADA®" and associated logo, as well as the design patent for specified bags (TOTE BAG & SWIMMING BAG), are the exclusive property of Rosada Unicorn Pvt. Ltd. All rights are reserved.

2. Authorized Use: Users are granted a limited, non-exclusive, non-transferable license to use the ROSADA® trademarks solely in connection with the purchase and promotion of products and only after written authorized by Company. All Images used in the website are a sole property of ROSADA® and should not be used anywhere without written consent of the company.

3. Prohibited Actions:

• Users are strictly prohibited from using the trademarks in any manner that may cause confusion, dilution, or damage to the reputation of ROSADA®.

• Unauthorized reproduction, modification, or distribution of the design patent-protected TOTE BAGS AND SWIMMING BAGS is strictly prohibited.

4. Enforcement: ROSADA® reserves the right to take legal action against any unauthorized use, infringement, or violation of these terms.
 
5. Compliance: Users agree to comply with all applicable laws and regulations related to the use of the "ROSADA®" trademarks and design patent.

DISCLAIMER AND LIMITATION OF LIABILITY

Rosada® (www.rosadababy.com) is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of www.rosadababy.com. www.rosadababy.com provides content from third-party Vendors and while www.rosadababy.com tries to ensure that the content is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. www.rosadababy.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with www.rosadababy.com.
This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications.

This disclaimer constitutes an essential part of these Terms & Conditions of Use.
To the fullest extent permitted under applicable law, www.rosadababy.com or its Vendors shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with www.rosadababy.com, its services or these Terms & Conditions of Use.
Without prejudice to the generality of the section above, the total liability of www.rosadababy.com to you for all liabilities arising out of these Terms & Conditions of Use be it in tort or contract is limited to the value of the product ordered by you.

Rosada® (www.rosadababy.com), its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of www.rosadababy.com or that the operation of www.rosadababy.com will be error free and/or uninterrupted. Consequently, www.rosadababy.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of www.rosadababy.com.

PRIVACY POLICY

We may share personal information with our affiliates to: help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of our services; and to facilitate joint or co-branded services that you request where such services are provided by more than one corporate entity. Those entities and affiliates may not market to you as a result of such sharing unless you explicitly opt-in.
We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. (Also read our Privacy Policy Document for more details)



These Terms & Conditions of Use shall be construed in accordance with the applicable laws of India and Rosada reserves all rights to change or update any information without your consent or prior information to anyone. The Courts at Kolkata, West Bengal, India shall have exclusive jurisdiction in any proceedings arising out of this agreement.


Please send all questions, comments (including copyright infringement) including any clarification or information on orders@rosadababy.com.

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