TERMS AND CONDITIONS BLACK ROSES
We are Black Roses, a company registered in Haarlem under kvk number 65312929. Our VAT number is NL216311842. We operate the website www.blackrosescustoms.com (our website or site).
This page (together with our Privacy Policy and Terms of Website use) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products listed on our website to you. Black Roses are committed to providing you with Terms which are easy to understand and which are fair to you. Your statutory rights are not affected by anything contained in these Terms.
These Terms will apply to any contract between us for the sale of Goods to you (Contract). Before ordering any products from our site please read these Terms carefully and make sure that you understand them. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any garmets or art from our site. We amend these Terms from time to time as set out in clause 5. Every time you wish to order any of our products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on March 2020. These Terms, and any Contract between us, are only in the English language.
1. D E F I N I T I O N
“We”/”us”/”Black Roses Customs” Black Roses, the seller \ artist of the garmets and artwork. “You”/”your”/”customer” means the customer acting as a consumer.
“Dispatch Confirmation” means the date on which we e-mail you to confirm our acceptance of your order and dispatch of the Goods.
“Garmets”/ Art / “Item” means the items which we agree to sell you.
“ Products” we refer to art on clothing, art on canvas, clothing garmets or accessoiries branded by Black Roses.
2. PRIVACY
See our Privacy Policy for information and notices concerning Black Roses and use of your personal information.
3. ELECTRONIC COMMUNICATION
When you visit Black Roses or transmit emails, it is understood that you are communicating electronically with Black Roses. As a result, you are thus giving your consent to receive electronic communications from Black Roses. Our representatives may communicate with you by email or within Black Roses platforms. you agree that all notices, disclosures and other communications provided to you electronically meet a legal requirement that such communications must be written.
4. ACCEPTANCE
Your access and use of the online clothing website and/or app indicates that you have read, understand and agree to be bound by these Terms of Service Notice, whether or not you are a registered Black Roses user, and is subject to your compliance with these Terms of Service Notice. Black Roses reserves the right to alter, add or remove any portion of the Terms of Service Notice at any time without prior notice. Your continued use of the website and/or app constitutes your acceptance of the agreement with all such changes. It is your responsibility to periodically check the website or app for any possible changes to the Terms of Service Notice. If you do not agree to be subject to these or any future Terms of Service Notice, please do not access or (continue to) use Black Roses services. In addition, Black Roses may also provide other services governed by different Terms of Service Notice.
5. PRODUCT AVAILABILITY AND DESCRIPTION
We try to be as specific as possible on the (desktop or mobile) website and/or app about products and including product availability, size, colour, type, quantity of stock available and product description. However, while we try our best to ensure that product information on our website is correct. It is possible that the (desktop or mobile) website and/or app may contain typographical errors or inaccuracies. Therefore we reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted an order). Please also note that because the colours of the products you will see on the (desktop or mobile) website and/or app depend on your monitor/screen. We cannot guarantee that the display of colour will be accurate and some colours may vary. If you have ordered a product that is unavailable, we will inform you as soon as possible by email and give you an estimated date of when the product is due to be back in stock and available for dispatch to you (Please note – some items may return in stock and dates are subject to change). Alternatively, you will be entitled to cancel your order and receive a refund from us (if your Credit/Debit/Paypal account has already been charged). Please note that the information provided about products on the (desktop or mobile) website and/or app is for information purposes only. Please make sure you read all labels, warnings and directions provided by the product before use.
6. DELIVERY
6.1 Art Commissions
The delivery time for art will vary. In our FAQ you will find the time the artist needs to complete most projects. For any other questions regarding delivery time for commissions E-mail us at mail@blackrosescustoms.com
6.2 Black Roses Clothing
We aim to deliver your ordered products by the estimated date set out in the dispatch confirmation email, or, if no date is given, at the latest within 30 days of the date of the dispatch confirmation email. In the event that your delivery is delayed for any reason within our control, we will do our best to keep you informed of the estimated delivery date. Please note that if the product(s) is/are not delivered within 30 days of the dispatch confirmation email, you are entitled to cancel the order and be refunded the amount paid for the order. Ownership and risk in the products you have ordered will pass to you from the time they are delivered to you.
7. OUR PRODUCTS
The images of the products on the website and/or app are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your screen’s display can accurately display the colour of the products. Your products may vary slightly in colour from those images. the packaging of the products may vary from that is shown on the images on the (desktop or mobile) website and/or app.
8. PRICE OF PRODUCTS AND DELIVERY CHARGES
Prices for custom art vary. E-mail us for commissions and prices at mail@blackrosescustoms.com
The prices of the products will be as quoted on the website and/or app at the time you submit your order. We take all reasonable care to ensure the prices of products are correct at the time when the relevant information was entered onto the system. Prices for our products may change from time to time, but changes will not affect any order you have already placed. The price of a product includes VAT (where applicable). However, if the rate of VAT changes between the date of your order and the date of delivery. We will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect. The price of a product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. The website and/or app contains several number of products. It is always possible that, despite our reasonable efforts, some of the products may be incorrectly prices. If we discover an error in the price of the products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancel your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as mis-priced, we do not have to provide the products to you at the incorrect price.
9. TRADEMARK
Black Roses logo that is hosted on Black Roses platforms and used in any other locations as part of a communication with users is registered by Black Roses and may not be used, communicated or distributed without the possession of express written consent from Black Roses.
10. COPYRIGHT
All art, custom art and content produced by Black Roses must me linked to the brand on all social media platforms, exhibitions or other events.
The copyright subsisting in all content and other materials produced for the sale of the work or promotion purposes is owned by us and such images and materials may only be used with our permission. We will have the right to use the content in our own discretion after the sale. During the period in which the work is protected by copyright, the copyright remains with its author (or any person to whom that right has been assigned).
11. AUTHENTICITY
All art can be recognized by the “BR” signature and our authentic black roses. Clothing can be recognized by our authentic labels and brand logo’s.
12. LICENSE AND SITE ACCES
Black Roses grant users a limited license to access its platforms, and not to download (other than the page caching) or modify it or any other portion of it, except in the case the Black Roses provides consent for such an action. License does not include any re-sale or commercial use of the (desktop or mobile) website and/or app or its contents; any collection and use of any product listings, images, descriptions or prices; any derivative use of these platforms or their contents; any downloading or copying of account information for benefit of another merchant; or any use of data mining, bots or similar data gathering and extraction tools. These platforms or any portion of them may not be re-produced, duplicated, sold, re-sold, copied, visited or otherwise exploited for any commercial purpose without Black Roses’s express written consent. You may not frame or use any framing techniques to enclose any of the trademark, logo or any proprietary information (including page layout, images, text or form) of Black Roses or our affiliates without express written consent. You may not use any meta tags or any other “hidden text” Daily Paper Retail bv’s name or our trademarks without Black Roses’s express written consent. Any unauthorised use terminates the permission or license granted by Black Roses. You are granted a limited, non-exclusive and revocable right to create any hyperlink to the blackrosescustoms.com homepage as long as the link does not portray the services or products of Black Roses or its affiliates in a false, derogatory, misleading or otherwise offensive matter, or as you having the right of ownership of the same in any form. You may not use our trademark, or any Black Roses logo or other proprietary graphic as part of link without express written consent and our acceptance.
13. DISCLAIMER OF LIABILITY
The material displayed on the website and/or app is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Black Roses and its suppliers, content providers and advertisers herby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising our of or related to the use, inability to use, performance or failures of the (desktop or mobile) website or the linked webpages and/or app and any material posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Daily Paper Retail bv liability for death or personal injury arising from its negligence, fraudulent misrepresentation or misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
14. INDEMNITY
You agree to indemnify, defend and hold harmless Black Roses, its directors, officers, employees, consultant, agents and affiliates from any and all third party claims, liability, damages and/or costs (including but not limited to legal fees) arising from the use of the (desktop or mobile) website and/or app or breach of the Terms of Service.
15. VARIATION
Black Roses shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the services and/or any page of the website and/or app.
16. INVALIDITY
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
17. COMPLAINTS
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
18. WAIVER
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
19. GOVERNING LAW AND JURISDICTION
These terms and conditions are to be construed in accordance with the Dutch law and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Dutch courts.
20. ENTIREAGREEMENT
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Daily Paper Retail bv. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Daily Paper Retail bv.
Contact Information
Questions about the Terms of Service should be sent to us at mail@blackrosescustoms.com
