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POLICIES

All content on this site is the property of Roseark. Unauthorized use of any content on Roseark.com is restricted. All Rights Reserved.

Return Policy

Sales on Roseark.com and from Roseark stores are FINAL SALE: NO RETURNS, CANCELLATIONS or EXCHANGES.

DISCOUNTS

NO DISCOUNTS will be given on PREVIOUS PURCHASES, GIFT CARDS. We hold the right to restrict other goods or services.

OUT OF STOCK

Items shown as "Out of Stock" are still available to be purchased as special orders but will take up to 4-8 weeks to ship.

Contact sales@roseark.com or 323.822.3600 for assistance.

Shipping Policy

We use UPS, FedEx and the USPS to ship packages domestically and internationally.

Items will be shipped using selected shipping method when your entire order is filled (ie: if it takes 2 weeks to get the items in stock and you selected Next Day Air, we will ship Next Day Air as soon as we are in possession of your entire order). We will send you a tracking number so you are able to follow your package.

We insure all packages, which will require a signature to release. If you choose to wave insurance, you agree to release Roseark from responsibility once the package has left our offices. Contact us if you wish to have signature waved.

Delivery times are an estimate and are subject to the carrier.

All duties and fees are the responsibility of the client.

International Shipping

Risk of loss and title of merchandise shipped internationally will pass upon you; the importer upon our delivery to our carrier (UPS). Your order is subject to import duties and taxes that are not included in our shipping costs. As the importer you must comply with all laws and regulations of the destination country. You authorize us to designate our carrier (UPS) to act as your agent with relevant customs and tax authorities.

If you decide to refuse any shipment from Roseark once it has left our offices; you are responsible for any duties, taxes and customs charges that is incurred in the refusal of shipment and reroute back to our offices.

Privacy

We have your privacy in mind, but please be aware that shipments across borders may be subject to opening and inspections from customs authorities. We work to provide proper information on the shipment to ensure a smooth customs clearance for faster and less troublesome shipping. Outside of that, our clients are most important to us and while we may use your information to communicate with you, Roseark is committed to protecting your privacy and security and does not share/sell/transmit your information in any way to outside parties.

Unsolicited Materials

In operating this site, we do not solicit or wish to receive any confidential, secret or proprietary information or other material from you through the Web Site or Roseark. mail and email addresses, or in any other way. Any information or material submitted or sent to us, will be deemed not to be confidential or secret. By submitting or sending information or other material to Roseark, you represent and warrant that the information is original to you and that no other party has any rights to the material.

Disclaimer Of Warranties

THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, ROSEARK. SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. ROSEARK. DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE OR SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

ROSEARK. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE OR SERVICES. YOU (AND NOT ROSEARK.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Intellectual Property Rights

All materials contained in this Web Site and the Services are the copyrighted property of Roseark and its affiliates or licensors. As between Roseark and you, Roseark is the sole owner of all content on the Web Site and the Services, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site, the Services or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

Limitation Of Liability

IN NO EVENT WILL ROSEARK, ITS OFFICERS, DIRECTORS, MEMBERS EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE OR SERVICES, EVEN IF ROSEARK. OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE OR SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ROSEARK.'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify and hold Roseark, its affiliates, officers, directors, members and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Web Site or Services, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. Roseark reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Roseark in asserting any available defense.

Provisions Unenforceable

If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. Roseark may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

 

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