TERMS, CONDITIONS & PRIVACY
These terms and conditions (“the Terms”) govern the users (“you” or “your”) use of the website www.rootsandrose.co.uk (“the Website”) and your relationship with Roots and Rose. whose registered office is at Unit 6, Trade City, Sunbury-on-Thames, TW16 7FD (“we”, “our” or “us”). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.
By using the Website you agree to be bound by these Terms.
We reserve the right to amend these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website or by email. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
3. WEBSITE REGISTRATION
You warrant that the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity. You will notify us immediately of any changes to the personal information by e-mailing or telephoning our customer care on:
e-mail address: email@example.com
4. USING THE WEBSITE
If you are registering with www.roots&rose.co.uk and/or purchase goods from our website, you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. You must give us your real name, address, phone number, email address and any other details that we may require to process your order.
Goods are subject to availability. Our acceptance of your offer to purchase our goods is subject to their availability. Our acknowledgement of order acceptance via the web or email is not a guarantee of delivery. If we are unable to deliver the goods which you have offered to purchase, we will inform you as quickly as possible and a full refund will be given.
6. PRICING, DESCRIPTION & PRODUCT INFORMATION
The prices which you must pay for the products that you order are set out on the website at the time you place your order (this may include a delivery charge) except where we discover an error in the price of the products you have ordered. In this event, we will inform you as soon as possible after receiving your order and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you via the details you have provided we will consider the order cancelled.
Although we will take all reasonable care to ensure that all descriptions, details and prices of products appearing on the website are correct, there may be human error during the inputting process. The information appearing on this website at any time may not reflect the exact position at the moment you place an order.
Please be aware that the colours and appearance of our products may vary slightly from the way they appear on the screen and we cannot guarantee that your monitor screen will accurately reflect the colour of the product on delivery. All measurements and weights are approximate, although we make every effort to ensure that they are as accurate as possible.
In order to keep our website as accurate and as up to date as reasonably possible, it may be necessary from time to time, to restrict access to the site in order to undertake necessary maintenance work. We will make every effort to ensure that any down time or restricted access is kept to a minimum.
7. PLACING AN ORDER
The Order Acknowledgement email and order number are not an order confirmation or order acceptance from us. Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it. Where items are despatched separately, our acceptance of the order in respect of each item takes place when that item is dispatched. Some of the products sent out are for post box delivery but if a carrier cannot make the drop a refund will be issued.
We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Payment must be made with a valid credit or debit card acceptable to us. The address at which the card is registered must be the same as your billing address. You can register a new payment card at any time, but the card associated with a given order cannot be changed once you have checked out. Paypal is another method of payment accepted by Roots & Rose. Payment will be debited and cleared from your account before the dispatch of your goods to you.
To ensure that your credit, debit, or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third-party databases. By accepting these Terms and Conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency who may keep a record of that information. This is done only to confirm your identity, a credit check is not performed, and your credit rating will be unaffected.
9.1 Buying a subscription – We sell subscription services to our customers whereby we send the desired product at the agreed time to the desired place. Every subscription is made clear at the time of purchase and through subsequent confirmation.
9.2 Your status- By placing an order through our site, you confirm that: a) You are legally capable of entering into binding contracts b) You are at least 18 years old. You grant us a non-exclusive licence to use, for any purpose, any content you post on our website or otherwise communicated to us via any media.
9.3 How the contract is formed between you and us- On the purchase of one of our subscription packages until cancellation at the end of the term or transferring of the subscription to another individual agreed with Roots and Rose during the term.
9.4 Our status- Roots & Rose obligations under this agreement are to issue the subscription to you under the agreement. We are responsible for you receiving the desired goods each month to an (at least) acceptable quality.
9.5 Pricing, Description & Product Information – Subscription prices vary. Prices will be clearly displayed at point of purchase including any future payments that will be taken. For subscriptions on an auto renewal plan you will be charged at point of purchase and with every auto renewal. For gift subscriptions, payment must be made upfront for each price plan. If your payment is unsuccessful, your subscription order will not be confirmed or fulfilled. If you renew your subscription and payment is unsuccessful you will receive an automated email to alert you to the failed payment and you will be asked to visit the ‘My Account’ area, on our website, to check or amend your information and enter different card details. You will also be contacted if your payment method is about to expire (for example, your credit card is almost reaching its expiration date) to direct you to enter a new payment method. The prices quoted on this Website apply only to products sold via this Website. All prices are shown in £s sterling and delivery. The prices which you must pay for the service are set out on the Website at the time you place your order. We will take great care to ensure that all descriptions and details and prices of products appearing on the Website are correct. Please be aware that the colours and appearance of our products may vary slightly from the way they appear on the screen and we cannot guarantee that your monitor screen will accurately reflect the colour of the product on delivery. All measurements and sizes are approximate, although we make every effort to ensure that they are as accurate as possible.
9.6 Placing an Order and Order Acceptance- You will receive an order acknowledgement email including subscription number following a purchase. Acceptance of your order and the completion of the contract between you and us will take place once payment has been taken, unless we have notified you that we do not accept your order or you have cancelled it.
9.7 Payment- Payment for all products must be made with a valid credit card, debit card or Paypal. We take payment from your card at the time we receive your order. Payment must be made with a valid credit card, debit card or Paypal account acceptable to us. The address at which the card is registered must be the same as your billing address. You can register a new payment card at any time, but the card associated with a given order cannot be changed once you have completed that order. To cancel a subscription renewal, please refer to section 9.9. For gift subscriptions, payment must be made upfront for each price plan. Gift subscriptions do not auto renew.
9.8 Delivery – We deliver to mainland UK and Northern Ireland addresses as well as the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands, BFPO addresses and the Republic of Ireland. Provided that we have processed and received payment in full for the products, ownership of an item will pass to you once we have delivered the item to you. When an item has been delivered, risk of damage to, or loss of, the item passes to you.
9.9 Cancellation – You have the right to cancel or return your subscription order up to 14 working days following payment. This includes your right to cancel your order under the Distance Selling Regulations. You will receive a full refund including the original postage and packaging for the order if the charge was levied with your original order and it is returned in full. You can cancel your subscription packages at any time. If your auto renewal has already been processed, your order will be cancelled for the following auto renewal. You can cancel your subscription within your account area on our website. To cancel a gift subscription, you must inform us by email. We will then cancel your gift subscription. This provision does not affect your statutory rights. If your order has already been despatched please follow our returns information.
9.10 Our refunds policy – All refunds will be made to the debit or credit card on which the original purchase was made within 30 days of the cancellation of the order or return of the goods. In the event that Roots and Rose is unable to credit your original method of payment, you will be contacted by a member of our Customer Service team to arrange an alternate method of refund.
9.11 Returns – We hope you are happy with your subscription or gift, but if for any reason you wish to return an order please contact our Customer Services who will be happy to advise. Email: sales@roots&rose.co.uk. Return delivery charges will only be refunded in the event of faulty, damaged, or incorrect items being sent to you. This does not affect your statutory rights. It is your responsibility to ensure that the return form is enclosed with the parcel. Should you fail to enclose the return form, Roots and Rose may not be able to refund the items until they are able to identify the related order. Should you fail to return your goods to the return address provided, Roots and Rose will not be held responsible for any delays to refunds or postage issues. Other than for defective products, returns outside the timeframe set out above, may be accepted at the sole discretion of Roots and Rose and may be refunded as a credit to be spent online. The cost of returning items is down to you and you are responsible for any returned goods until they reach our warehouse. We recommend that you obtain a Proof of Postage certificate which is available free of charge from the Post Office. We will refund return postage for an item which is faulty, damaged, or sent to you in error. This does not affect your statutory rights to return faulty or incorrectly described goods. Please contact our Customer Service Department prior to returning an order so they can suggest the best option. Email: sales@roots&rose.co.uk.
9.12 Our right to vary these terms and conditions – We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
9.13 Law and jurisdiction – This agreement, and any dispute arising out of it, will be governed by English Law. Any dispute or claim arising out of or in connection with this agreement or its formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the English and Welsh Courts.
We deliver to the UK.
All Roots and Rose UK mainland deliveries are made by courier and are delivered between 9:00am and 5:00pm Monday to Friday, excluding any bank holidays. Saturday deliveries are made between 9:00am and 12:00pm. Deliveries can sometimes be made outside of these hours.
If you are not at home between 9:00am and 5:00pm Monday to Friday, we recommend arranging delivery to your work address. If we do deliver to you at home and no one is in, couriers will leave a card telling you about how to collect your delivery. Any unclaimed or undelivered orders will eventually make their way back to our warehouse.
Roots and Rose does not recommend customers leave instructions to our couriers for your goods to be left outside your delivery address. Should the customer wish to proceed with this option, Roots and Rose will not be responsible for any loss or damage.
11. CANCELLATIONS & RETURNS
You have the right to cancel or return your order up to 14 working days following receipt of your goods. This includes your right to cancel your order under the Consumer Contracts Regulations. You will receive a full refund including the original postage and packaging for the order if the charge was levied with your original order and it is returned in full.
If your order has already been dispatched please follow our returns information.
We hope you are happy with any product purchased, but if you wish to return a product to us for any reason you may do so within 30 days of the dispatch date. It must be in a saleable condition and in its original undamaged packaging. We will refund the price or replace the product. Return delivery charges will only be refunded in the event of faulty, damaged, or incorrect items being sent to you. This does not affect your statutory rights.
Your right to return does not apply to products which fall into the following categories unless they are faulty:
Goods made to your specification cannot be returned for any reason unless faulty.
Perishable goods unless faulty or damaged.
It is your responsibility to ensure that the return form is enclosed with the parcel. Should you fail to enclose the return form, Roots and Rose may not be able to refund the items until they are able to identify the related order. Should you fail to return your goods to the return address provided, Roots and Rose will not be held responsible for any delays to refunds or postage issues.
Other than for defective products returns outside the timeframe set out above, may be accepted at the sole discretion of Roots and Rose and may be refunded as a credit to be spent online.
The cost of returning items is down to you and you are responsible for any returned goods until they reach our warehouse. We recommend that you obtain a Proof of Postage certificate which are available free of charge from the Post Office. We will refund return postage for an item which is faulty, damaged, or sent to you in error. This does not affect your statutory rights to return faulty or misdescribed goods. Unfortunately, postage costs for returned items from outside of the UK cannot be refunded.
Our returns address is:
Roots and Rose
Sunbury on Thames
Lost Returns: Should your chosen courier fail to deliver or lose the return parcel, it is your responsibility to claim compensation from the courier directly. Roots and Rose will not be liable for any lost returned parcels. Please note that it is your responsibility to choose the most appropriate method for returns with the appropriate insurance. Roots and Rose cannot be held responsible for any unforeseen delays such as strikes, riots, war, or act of God.
12. REFUNDS AND EXCHANGES
All refunds will be made to the debit card, credit card or Paypal account on which the original purchase was made within 14 days of the cancellation of the order or return of the goods. In the event that we are unable to credit your original method of payment, you will be contacted by a member of our Customer Service team to arrange an alternate method of refund.
On faulty products, after the 14-day cancellation period, we reserve the right to offer an exchange where appropriate. We also reserve the right to offer a replacement item of similar or equal value.
13. PROMOTIONS & DISCOUNTS
In order for a web exclusive, social media exclusive and email exclusive promotion or offer to be applied to your order a valid voucher or gift code must be entered into the voucher or gift code box on the basket page. Roots and Rose cannot be held liable for not discounting the order or applying the promotion if a valid code has not been entered.
Please note that only one promotion code can be used per order.
When a voucher coder or other promotional offer applies to more than one product, the total value of the promotional offer or discount is split and shared across each applicable product in the correct ratio. If an item or part of the order is returned, then we will refund the relevant correct value.
13.1 Voucher codes are usually restricted to one use per customer.
13.2 Voucher codes may also be set to a maximum number of redemptions – if we are not able to accept the discount code you have entered it will be because the code has expired or maximum redemption level for promotion has been exceeded. We will advise you accordingly in the order process and the discount will not be applied.
13.3 Certain voucher codes & discounts may only be valid on specific spend thresholds which will be present in any promotional communication via email, forum, affiliates or any other marketing collateral. This spend threshold must be adhered to, to redeem the offer. Roots and Rose reserves the right to cancel any order which does not meet the required spend threshold.
13.4 Selected voucher codes may be restricted for use against specified products or categories – where possible, details of any restrictions will be communicated at the point where we promote the voucher code to you.
13.5 Voucher codes cannot be exchanged for a cash alternative or used in conjunction with any other promotions or promotional codes.
13.6 Voucher codes may be withdrawn, or suspended without notice for any reason. We will advise you within the order process if we cannot accept the discount code you have entered.
Protecting your privacy is important to us at Roots and Rose. We want you to be comfortable using our website so we have set out this policy to make it easy for you to understand what we do with the information you have given to us.
14.1 We will collect information from you when you register on our website, when you phone us, engage with us on social media, place an order or when you write to us. Information we hold will include your name, address, telephone number, email address, IP address, credit or debit card details, device type, social media handles, purchases made by you, preferences and survey responses, location and any email correspondence.
This list is not exhaustive and in specific instances, we may need to collect additional data for the purposes set out in this Notice. Some personal data is collected directly, for example when you set up an online account on our website or send an email to our Customer Support team. Other personal data is collected indirectly, for example when you browse our website or undertake online shopping activity. We may also collect personal data from third parties who have your consent to pass your details to us, or from publicly available sources. We may anonymise and aggregate personal data for insight and research but this will not identify anyone.
Our websites are not intended for children and we do not knowingly collect data relating to children.
14.2 We (and trusted partners acting on our behalf) use your personal data to provide goods/services to you, make a tailor made website for you, manage your account and verify your identity, with agreement contact you about news/offers that may interest you, for analysis and insight, to identify competition winners, to manage customer services interactions and when instructed for legal duty (for example, as an investigation by public authority).
14.3 To ensure you are kept up to date with Roots and Rose, we use personal data for marketing purposes and may send you postal mail, texts and/or emails to update you on the latest offers and events. We will do this if you sign up to our newsletter on our website. Additionally, if you purchase a product or service from us we may also send you information about our similar products and services (this is known as “soft opt-in” and we do not require your consent to send such messages but you can unsubscribe at any time).
We may also show you online media communications through external social media platforms such as Facebook and Instagram and external digital advertisers such as Google.
You have the right to opt out of receiving promotional communications at any time, by:
1) Informing us that you wish to change your marketing preferences by contacting our customer support team at firstname.lastname@example.org
2) Making use of the simple “unsubscribe” link in emails or the “STOP” number for texts; and/or
3) Contacting our Data Protection Officer by post to the Data Protection Officer, Roots & Rose, Unit 6, Brooklands Close, Sunbury on Thames, TW167FD.
This may not stop service messages such as order updates.
14.4 In order to make certain services available to you and to help us better understand your preferences, we have partnered with certain trusted third parties including logistics and marketing service providers. We may need to share your personal information with some of our service partners. We only allow our service providers to handle your personal information when they have confirmed that they apply appropriate data protection and security controls.
Your data is not shared with companies who intend to send you promotional communications. We only share your data with our partners and services providers to enable us to provide our goods and services.
Examples include communicating your data with our logistics partner and couriers so they can fulfil your order and offer tracking information. Our website also uses third party applications and in these instances, our website shares data with them to enable that service or for fraud screening protection.
Other third parties may include other companies within our group, investors, auditors, advisors, credit reference agencies, government bodies and regulators.
14.5 We are required to set out the legal basis for our processing of your personal data.
1) We collect and use your data as necessary to perform our contract with you ;
2) As necessary for the pursuit of our legitimate interests, including:
Selling and supplying goods and services to our customers; promoting, marketing and advertising our products and services; sending promotional communications which are relevant and tailored to individual customers (including administering loyalty schemes); to identify and contact competition winners; understanding our customers’ behaviour, activities, preferences, and needs; improving existing products and services and developing new products and services; protecting customers, employees and other individuals and maintaining their safety, health and welfare; good governance, accounting and managing and auditing our operations and complying with our legal and regulatory obligations; preventing, investigating and detecting crime, fraud or anti-social behaviour, including working with law enforcement agencies; handling customer contacts, queries, complaints or disputes; protecting our company, its employees and customers, by taking appropriate legal action against third parties who have committed criminal acts or are in breach of legal obligations to us; handling any legal claims or regulatory enforcement actions taken against us; and fulfilling our duties to our customers, colleagues, shareholders and other stakeholders;
3) As necessary for complying with our legal obligations including:
Where you exercise your rights under data protection laws
for compliance with legal and regulatory requirements; to establish or defend legal rights;
4) Based on your consent
You have the right to withdraw consent at any time. Where consent is the only legal basis for processing, we will cease to process data after consent is withdrawn.
14.6 We have security measures in place to protect your information. The security measures we use will depend on the type of information collected.
14.7 You should always be careful when sharing your personal data. No one from our company will ever ask you to confirm any bank account or credit card details via email. If you receive an email claiming to be from us asking you to do so, please ignore it and do not respond.
If you are using a computing device in a public location, we recommend that you always log out and close the website browser when you complete an online session.
In addition, we recommend that you take the following security measures to enhance your online safety: –
Keep your account passwords private.
When creating a password, use a difficult word/number/symbol combination of at least 8 characters.
Avoid using the same password for different online accounts.
14.8 We will not retain your data for longer than necessary for the purposes set out in this Notice. Different retention periods apply for different types of information.
In summary, various laws, accounting and regulatory requirements applicable to us require us to retain certain records for specific amounts of time. In relation to your personal data, we will hold this only for so long as we require that personal data for legal or regulatory reasons or for legitimate organisational purposes. We will not keep your data for longer than is necessary for the purposes for which we collect them.
14.9 You have the right to:
– Be informed about our processing or your personal data which is the aim of this Notice.
– Request access to personal data we hold about you at any time.
– Ask us to update and correct any out-of-date or incorrect personal data that we hold about you.
– Object to processing of your personal data including use of your data for automated decision-making including profiling
– Withdraw any consent you have given us and to opt out of any marketing communications that we may send you.
– Prevent processing that is likely to cause damage or distress to you or anyone else.
– Request that we erase your personal data in certain circumstances (the right to be forgotten) for example when the data are no longer necessary for the purpose for which we collected them; and have your personal data provided to you by us in a structured, commonly used and machine-readable format and transmitted to another data controller.
If you wish to exercise any of the above rights, you can contact us either by email email@example.com or via post to Data Protection Officer, Roots & Rose, Unit 6, Brooklands Close, Sunbury on Thames, TW167FD.
14.10 Stripe payment system
Roots and Rose use the online payment company Stripe. In order to complete a transaction data must be transmitted to stripe. Stripe obtains personal data about you from various sources to provide our services and to manage our sites. “You” may be a visitor to one of our websites, a user of one or more of our Services (“User” or “Stripe User”), or a customer of a User (“Customer”). If you are a Customer, Stripe will generally not collect your Personal Data directly from you. Your agreement with the relevant Stripe User should explain how the Stripe User shares your Personal Data with Stripe, and if you have questions about this sharing, then you should direct those questions to the Stripe User. For further information please visit their website to read their privacy policies at https://stripe.com/en-gb
Roots and Rose use Sucuri to protect their website. Sucuri use cloud-based technology and services for website security and performance. Sucuri track website data and usage for the sole purpose of preventing fraud, malware, spam, hacking and to keep personal information secure. To read more information about the Sucuri service please visit their website https://sucuri.net/
14.12 Google Analytics and Google reCaptcha
Google Analytics may collect data about your traffic via Google advertising cookies and identifiers, in addition to data collected through a standard Google Analytics implementation. Data may be sent to Google Analytics (for example, via the Google Analytics tracking code, Google Analytics SDK, or the Measurement Protocol). We employ Google Analytics to help enhance the user experience and to determine the ways in which our users interact with out website.
Google reCaptcha monitors user data to prevent spam submissions through forms and reviews.
The Google Privacy Policies and Terms of Service apply to Google Analytics and Google reCaptcha. To find out more information about Google Analytics and Google reCaptcha please visit https://policies.google.com/privacy?hl=en-Uk .
Session cookies are placed on your computer only when you are using our website making it easier for you to move around the different pages. They are removed automatically about 30 minutes after you leave.
Script Generated Cookies
Script generated cookies are placed on your hard drive when you enter any Members Only area of our website. This means that our website will remember that you have been there before. Script generated cookies stay on your hard drive for 48 hours (2 weeks if you select ‘Remember Me’) or until you logout or remove the cookies.
Occasionally we may use third parties to advertise on our website. These websites will have their own cookies that we have no control over. You can block cookies by adjusting the settings in your browser. However, we do not recommend that you do this if you intend to purchase from our website. You might find that you do not have access to all the parts of the website required.
15. INTELLECTUAL PROPERTY AND COPYRIGHT
The content of the www.rootsandrose.co.uk Website is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy, or distribute or use for commercial purposes any of the materials or content on the Website without written permission from Roots and Rose.
This Website and the Retail Sites and any software are provided on an “AS IS” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
You agree to indemnify and hold Roots and Rose harmless from all liabilities, claims and expenses that arise out of the content you submit, post or transmit via Roots and Rose’ Website, or from your use/misuse of the Websites or the use/misuse by any person for whom you are responsible or from your violation of the Terms and Conditions.
19. GOVERNING LAW
The contract between you and Roots and Rose under which you have made your purchases it is agreed shall be governed by and interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes between us. This does not affect your statutory rights.
20. COMPANY DETAILS
Roots and Rose
Sunbury On Thames