Terms and Conditions - Paul Smith Rose

Last updated: 01 January 2023

Please read these terms and conditions carefully before using this website operated by Paul Smith Rose (“us”, “we”, “our”). Your access to and use of the website is conditioned on your acceptance of and compliance with these terms. These terms apply to all visitors, users and others who access or use this website.

By accessing or using our website, you agree to be bound by these terms. If you disagree with any part of the terms, you may not access or use the website.

Purchases

By agreeing to these terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not make any purchases through the website if you are under the age of majority.

When you make a purchase on our website, you agree:

Product descriptions – To exercise caution and good judgment in use of the Site and any purchase, taking into account the description and any hazards identified for Products you intend to purchase. We attempt to describe Products as accurately as possible, but some variance may occur.
Order confirmation – To provide correct shipping and payment information and confirm your order at the end of the checkout process. You are responsible for any orders made using your information.
Product pricing – That Products prices are subject to change without notice. Errors will be corrected when discovered and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).
Stock – That Products marked as ‘In Stock’ are available at the time of purchase. Items marked as ‘Preorder’ are not yet available and may ship later.
Shipping – That shipping costs will be calculated during checkout based on weight, dimensions and destination of the items in your cart. You authorize us to charge you for any shipping costs.
Delivery dates – To delivery dates provided during checkout or on our website. We cannot guarantee exact dates as delays may occur during shipping.
Import duties – That you are responsible for import duties, customs or other taxes related to your local jurisdiction. We have no control over this and cannot predict what they will be. Please contact your local customs office for assistance.
Product suitability – To determine whether Products you intend to purchase are suitable for your use and that you assume responsibility for verifying any safety certifications or other regulations required in your locality.

Refunds and Exchanges

Since we ship perfume products, we cannot accept any returns or exchanges except in case of damage during shipping or other exceptional circumstances. We will review those instances on a case-by-case basis to determine eligibility for refund or replacement. Please contact us immediately upon receipt of damaged items to file a claim.

For any product quality issues not related to shipping damage, please let us know and we will remedy the issue for future orders to the best of our ability.

Refunds, if approved, will be credited to the original method of payment used during checkout. The customer is responsible for return shipping costs when sending back items. Exchanges will be sent to the return shipping address unless otherwise requested.

Account Security

If you create an account on our website, you are responsible for maintaining the security of your account and password. You may not share your account credentials with anyone else. You must immediately notify us of any unauthorized use of your credentials or account.

Intellectual Property

The website and its content including proprietary Paul Smith Rose branding, product designs, texts, graphics and logos are owned by Paul Smith Rose or its licensors and are protected by United Kingdom and international copyright laws.

By using this site you acknowledge and agree that all content and materials available on the Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Paul Smith Rose, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works based on or otherwise make unauthorized use of such content.

User Representations

By visiting our website, you represent and warrant that:

You are at least 18 years of age and possess the legal authority to enter into this agreement and use this website in accordance with all terms and conditions herein
All information you provide is true and accurate
You will only use the website to make legitimate purchases for yourself or another person for whom you are legally authorized to act
You will not make any speculative, false or fraudulent purchases. We reserve the right to cancel, delay, or halt any transaction that we deem suspicious.

User Generated Content

We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content, including text, graphics, photographs, images, music, sound, video, and podcasts (“Content”) on or through the Website.

You are solely responsible for the Content that you publish on the website. You represent and warrant that:

You own or have all necessary legal rights to use and authorize Paul Smith Rose to use all patent, trademark, copyright, or other proprietary rights in and to any Content to enable inclusion and use of the Content in the manner contemplated by the Website
Content is accurate and not confidential
Use of Content will not violate any law or infringe any rights of third parties, including copyright, trademark, patent, rights of privacy or publicity or other proprietary rights

We reserve the right to moderate user generated content and may remove any content at our discretion.

Prohibited Uses

By using the Site, you agree not to:

Use the Site for any illegal purpose, fraudulent activities or purchases, or other unauthorized purposes
Distribute viruses or malware or intercept data
Impersonate other users or provide false information
Harass, threaten or spam users
Modify, adapt, translate or create derivative works based on the Site
Remove any copyright or proprietary notices
Falsely claim an affiliation with Paul Smith Rose
Access restricted content without authorization or interfere with security of the Site

No Warranties

Your use of our website is solely at your own risk. The site is provided on an “as is” and “as available” basis. We do not make any warranties of any kind, whether express or implied, relating to availability, accuracy, or completeness of content on the site.

We make no warranty that:

The site or content will meet your needs or requirements
The site will be available on an uninterrupted, timely, secure, or error-free basis
Site content is accurate, reliable, complete, legal or safe

Any material you download or otherwise obtain is done at your own discretion and risk. You are solely responsible for any damage that may occur, including damage to your computer system.

Limitation of Liability

Paul Smith Rose and our directors, officers, agents, contractors, interns, suppliers and employees shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation any loss of profits or revenues, data, use, goodwill, or other intangible losses, resulting from your access to or use of the site.

In no event will Paul Smith Rose be liable to you for any amount exceeding what you paid for products purchased on the site.

Indemnification

As a condition of your access and use, you agree to indemnify, defend and hold harmless Paul Smith Rose and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against any and all claims, liabilities, losses, damages, judgments, awards, costs, expenses, fees (including reasonable attorneys’ fees) that arise from or relate to:

Your violation of these Terms of Use;
Any use of content you submit, post, transmit or make available through the Site;
Your use of the Site;
Your violation of any rights of another.

We reserve the right to take exclusive control over any claim we deem appropriate. You agree to cooperate fully with us in asserting any defenses.

Dispute Resolution

If any controversy, allegation, or claim arises out of or relates to the Terms of Use, the Privacy Policy, or your use of this Site, please follow these procedures:

Direct Negotiation – We encourage you to first contact us directly to seek a resolution by sending a written notice of dispute via email to [email protected]. We will seek to resolve the dispute through negotiation in good faith.

Arbitration – If we cannot reach an agreed solution within a reasonable time period, the issue will be resolved by binding arbitration administered by the London Court of International Arbitration under its rules. Any judgment on the award rendered may be entered in any UK court with jurisdiction. You agree to pursue claims against us individually, not as part of any class action.

Court – Small claims court for disputes remaining within the limits of small claims court jurisdiction may also be pursued as an alternative to arbitration. All other disputes may only be resolved by binding arbitration.

Injunctive Relief – You agree that a suit for preliminary injunctive relief will be brought in a UK court. Any additional action will be subject to arbitration.

If you reside outside of the UK, the laws of your jurisdiction govern any arbitration between us. Disputes will be arbitrated only on an individual basis and arbitration will take place in the United Kingdom.

Severability

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Any unlawful, void or unenforceable part will be deemed modified to the minimum extent required to make it consistent with applicable law and enforceable.

Changes to Terms

We may revise these Terms of Use from time to time to better reflect:

Changes in industry standards and our business model
Improvements or modifications to the Website
Changes in applicable laws and regulations

The revised Terms will take effect as of the publication date indicated at the top of the page. We encourage you to review the Terms whenever you access or use our Website. If you continue to use the Website after revisions come into effect, you accept and agree to abide by them.

Contact Us

Please send any questions or comments about these terms or the website to:

Paul Smith Rose
123 Main Street
London, UK W1A 2BG

Email: [email protected]

These Terms constitute the entire agreement between you and Paul Smith Rose relating to use of this Website and supersede any prior representations or agreements.

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