Terms of service

Last updated December 2021

 

Who we are

This website, romystore.co.uk, is operated by Romy Store Ltd. We are a private limited company registered in England and Wales under company number 13574208, and our registered office address is SG House, 6 St Cross Road, Winchester, SO23 9HX. Our customer-facing email address for all enquiries is hello@romystore.co.uk (“website”).

Throughout the website, the terms “we”, “us” and “our” refer to Romy Store Ltd. We offer this website, including all information, tools and services available from this website to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.

Information about our Terms & Conditions

Please read these Terms of Service carefully, by visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”).

If you do not agree to these Terms, you must not access or use the website.

Any new features or tools which are added to the website shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. You should read the terms and conditions and privacy policy of Shopify Inc.

Online Store Terms

We only provide the website for domestic and private use. You agree not to use the website for any commercial or business purposes.

The website may only be used for lawful purposes. You agree to comply with all applicable laws and regulations regarding the website and its use.

You may retrieve and display the content of the website on a computer screen or print one copy of such content for your own personal, non-commercial use. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website.

Our status (and that of any identified contributors) as the authors of content on the website must always be acknowledged.

You must not knowingly:

• upload or transmit through the website any computer viruses, Trojans, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
• upload or transmit through the website any material which is defamatory, offensive or of an obscene character;
• attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website; or
• attack our website via a denial-of-service attack or a distributed denial-of service attack.

By agreeing to these Terms , you represent that you are a consumer, of legal age and with full legal capacity to order on the website and enter into a contract with us.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

If you breach any of the above, you commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

We will not be responsible for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

We may monitor your use of the website and may disclose such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

You acknowledge that we have no obligation to monitor your access to or use of the website, but that we have the right to do so for the purpose of operating the website, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any content that we, at our sole discretion, consider to be in violation of these Terms or otherwise harmful to the website provided.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time. 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Accuracy, Completeness and Timeliness of Information

We make every effort to accurately present and describe the products that appear on our website. It is, however, possible that the website may contain minor errors, which you recognise and accept.

The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website. Any reliance on the material on this website is at your own risk.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

You agree that it is your responsibility to monitor changes to our website.

Modification to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products or Service

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We have made every effort to ensure that the products conform to the photographs and descriptions provided on our website. However, please note that certain colours may look different to the actual colour of the products, when displayed on an electronic device.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

Our Contract with You

Our website will guide you through the ordering process. Before submitting your order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your order and that you have read these Terms carefully before submitting your order.

Our acceptance of your order will take place when we email you confirming our acceptance (“Order Confirmation”), at which point a contract between you and us will come into existence. Automated acknowledgements of your order which you may receive from us do not amount to our acceptance of your offer to purchase products advertised on our website.

The contract will relate only to those products confirmed in the Order Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Order Confirmation.

If we cannot accept your order, you will be notified by e-mail and you will have the option either to wait until the item is available from stock or to cancel your order. This may be because the product is unavailable or because we have identified an error in the price or description of the product. If we have taken payment, we will be refund you as soon as possible (and in any event, within 14 days).

Before submitting your order to us, you will be given the opportunity to review and change it. Please make sure you have checked your order carefully before submitting your order as once submitted you will not be able to make changes to it.

The products sold on the website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.

Subscriptions

Subscriptions are only available in the United Kingdom.

Our subscriptions are available on a monthly or quarterly basis, providing such discounts and shipping benefits as advertised on our website from time to time. 

When you register for a subscription, you expressly acknowledge and agree that (a) Romy Store Ltd (or our third party payment processor) is authorised to charge you on the frequency of shipments you most recently selected (e.g. monthly, every two months or otherwise) for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or we suspend or stop providing access to the sites or products in accordance with these terms.  You may skip any shipment or cancel your subscription at any time, subject to the terms set forth on our site and herein. 

Subscription Cancellation

In order to cancel your subscription, you must do so at least 5 days prior to your net bulling date which is shown on the my account page. To cancel you must do so by logging into your account. If you don’t have an account you must create one with the email used to purchase your subscription. Any cancellation received with less than 5 days until the next billing date will not be effective until the following billing period and you will be responsible for all charges (including any applicable taxes and other charges) incurred prior to the cancellation of your subscription.

Discount Codes

From time to time, we may offer qualified consumers “discount codes”, “promotional codes”, “promo codes”, or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on the website, subject to certain exclusions or any other restrictions as may be determined and communicated by us. Only valid offer codes provided or promoted by us will be honoured at checkout. Codes supplied or promoted by third-parties unauthorised by us (including any unauthorised third party websites) will not be considered valid. Each offer code provided by us is non-transferable and valid for single use on an item (or items) of merchandise as determined by us. Offer codes may not be combined and customers are limited to the use of a single offer code per order. For online purchases, the code must be entered in the ‘offer code’ field prior to checkout. We are not responsible for lost, stolen or corrupted codes or any unauthorised use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. Offer codes are not valid on subscriptions, already discounted bundles or gift card purchases. The value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honoured. From time to time, we may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivised to speak on behalf of the brand. When you receive an offer code via a third-party source, please note that such individuals may have been compensated by us for their statements.

Gift Vouchers

These Terms also apply to the purchase of your gift voucher.

The Romy Gift Voucher can be used to buy any item sold by romystore.co.uk. Gift Vouchers are issued via email using an electronic voucher code which can then be redeemed at the Checkout to buy any product. You will not receive anything in the post for Gift Vouchers that you order. You can email it to family and friends, or print it out to give to them personally.

Gift Vouchers are valued and issued in GBP Pounds.

Discount codes cannot be used when purchasing a Gift Voucher.

Please note that Gift Vouchers are valid for 12 months from the date of purchase.

Gift Vouchers cannot be returned or refunded, except in accordance with your statutory rights. The value of the Gift Voucher cannot be converted back to cash.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. We would not be responsible for undelivered products should the data prove incorrect.

To ensure that your credit, debit or charge card is not being used without your consent, we will validate the name, address and other personal information supplied by you during the order process against appropriate third party databases.

We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.

By accepting these Terms 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 which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 2018.

Third-Party Links

As a convenience to you, the website may include links to other websites or material which is provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the content of those websites or resources and we accept no responsibility for the availability, suitability or content of such websites and nor do we review or endorse them or any views expressed within them.

We will not be responsible for the privacy practices or content of such websites nor will we be responsible for any damage, loss or offence caused or alleged to be caused that may arise from your use of them.

Uploading Content to our Website

Whenever you post content to our website, you agree and confirm that:

• you own or otherwise control all of the rights to the content that you post;
• the content and material is accurate; and
• use of the content and material will not cause injury to any person or entity (including that the content or material is not defamatory).

You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with a breach of this section. This means that you will be responsible for any loss or damage we suffer as a result of your breach of this section.

Any content uploaded to our website will be considered non-confidential and non-proprietary. You will retain all of your ownership rights in your content but you are required to grant us (and our sub-licensees if required) a licence to use, copy, modify and adapt your content and to distribute and make it available to third parties.

You agree to waive your right to be identified as the author of the content and your right to object to derogatory treatment of the content.

We may have to disclose your identity to a third party who claims that content posted or uploaded by you to our website constitutes a violation of their intellectual property rights or privacy rights.

We may remove any post you make on our website if in our opinion your post does not comply with our guidelines.

By uploading or posting content to our website, you grant us the following rights to use that content:

• a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
• grant us and our sub-licensees the right to use the name that you submit in connection with such content.

Personal Information

Your submission of personal information through the website is governed by our Privacy Policy. For further information please see our Privacy Policy.

Our Intellectual Property Rights in our Website

Other than in relation to links to third party websites, we or our licensors are the owners or the licensee of all intellectual property rights in the website and in the material published on it, including all brand names and trade marks. All such rights are reserved and nothing in these Terms will be interpreted as giving you ownership or rights in such intellectual property or the data contained therein.

You are not permitted to use our intellectual property without our approval, unless expressly permitted.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

We don't exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

Indemnification

You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales and you and we shall submit to the exclusive jurisdiction of the courts of England and Wales.