The information here outlines your rights and responsibilities regarding the transactions you engage in on this site, as well as your general use of the site. These terms include a requirement for arbitration (on an individual basis only; class actions and consolidated cases are prohibited) to resolve any disputes. Please carefully read this document in full before proceeding with any transactions, as it confirms your acceptance of the terms. You may only order or access products and services from this website if you: (a) agree to these terms and conditions in full; (b) are at least 18 years old; and (c) are not restricted by law, rule, or regulation from using the site or its contents, products, or services.
Applicability of Terms of Use:
These terms and conditions ("Terms," "Terms of Use," or "Terms and Conditions") apply to your purchase of products and services via the website https://shoptherosieboutique.com (the "Site"), as well as your use of the Site itself. TheRosieBoutique LLC (referred to as "Company," "we," "us," or "our") may change these Terms at any time without prior notice. Any updates will be posted on the Site, and the most recent version will be available for review. By continuing to use the Site after updates to these Terms are posted, you acknowledge and accept the changes. Before making any purchase or browsing the Site, you should also review our Privacy Policy.
This Agreement, together with all referenced Company policies, constitutes the complete and exclusive agreement between you and the Company, overriding all previous agreements, representations, and understandings regarding the Site, its content, products, and services. Any additional terms you include in purchase orders or other documents are excluded. Any modifications to these Terms will only be binding on the Company if agreed to in writing by an authorized representative. This Agreement may be updated by the Company at any time without notice, and the latest version will be posted on the Site. Please review the Agreement before using the Site.
Site Use and Content:
You are permitted to view, copy, or print pages from the Site solely for personal, non-commercial use. Any other use, including modification, copying, printing, displaying, reproducing, distributing, or publishing content from the Site, requires prior written consent from the Company.
Online Orders:
When you place an order on the Site, you are making an offer to purchase the selected products and services. We reserve the right to accept or decline any order at our discretion. We will confirm acceptance of your order via email. However, we also reserve the right to cancel any order after it has been confirmed. You may cancel your order in its entirety prior to receiving the confirmation email.
Payment Terms:
Prices for goods and services are displayed on the Site and may vary from prices offered elsewhere by the Company. These prices are subject to change at any time. If we offer a promotion for any item, the terms of the promotion will be outlined in a separate document. We reserve the right to correct errors, inaccuracies, or omissions, and to cancel any orders resulting from them. You are responsible for the price listed at the time of your transaction, as well as any applicable taxes and shipping fees. Payments can only be made with a valid credit/debit card or a recognized electronic payment provider (e.g., PayPal). By using such a payment method, you confirm your right and authority to make the purchase and comply with applicable laws and regulations.
Shipping Information:
We will ship your accepted order to the address you provide. You are responsible for all shipping and handling charges. While we will make reasonable efforts to meet shipping and delivery dates, we are not liable for any delays. The risk of loss and ownership transfer to you upon delivery.
Returns:
Except for items marked as final sale or non-returnable, if you're dissatisfied with your purchase, you can return it for a refund in the form of a Rosie Boutique E-Gift Card (store credit), provided: (i) the items are not marked as non-returnable; (ii) the return occurs within 14 days of delivery; and (iii) the items are in their original condition. Once we receive the returned goods, we'll issue a refund in the form of a Rosie Boutique E-Gift Card (store credit), excluding original shipping and handling costs. You are responsible for return shipping costs unless stated otherwise. We recommend purchasing insurance for returns, as you bear the risk of loss or damage during shipment. Refunds will be issued as store credit.
Privacy Policy and Website Terms of Use:
We are committed to protecting your privacy. Our Privacy Policy governs the processing of personal data collected when you purchase products or services through the Site. The Privacy Policy is part of these Terms.
Text Messaging and Telephone Calls:
Certain services may allow us to contact you by text or phone call. By using these services, you agree that we may contact you via telephone or text messages (including automated calls) at the phone numbers you provide, including for marketing purposes such as cart reminders and promotional offers. You are not required to consent to receive such communications to purchase products. You can opt out at any time by contacting us at info@shoptherosieboutique.com or by texting "STOP". Once you opt out, we will confirm your unsubscription. Carriers are not responsible for delayed or undelivered messages, and message and data rates may apply. If you have questions about your text or data plan, contact your wireless provider.
Buyer Representations and Warranties:
You represent and warrant that: (i) you have the right to enter into the transactions contemplated by these Terms without violating any laws or agreements; (ii) you will use the goods and services only as authorized, and not in violation of any applicable laws or third-party rights.
Warranty and Company Disclaimers:
We do not manufacture the goods or services sold on the Site, nor do we endorse or affiliate with the manufacturers of these items. The goods and services are provided "as is," without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights.
Limitation of Liability:
We are not liable for any consequential, incidental, indirect, special, punitive, or exemplary damages, or for lost profits or revenues, arising from any breach of these Terms. Our total liability, and your exclusive remedy, will be limited to the amount you paid for the products or services in question within the six (6) months preceding the claim. This limitation does not apply in cases of gross negligence or willful misconduct.
Third-Party Content:
The Company may provide links to third-party websites or may display third-party content on the Site using framing or other methods. These links and content are provided solely for your convenience and informational purposes. The Company does not control the content of linked websites and is not responsible for any content, including additional links, found on these external sites. If you choose to visit any third-party site, you do so at your own risk.
If a third party links to the Site, this does not imply endorsement, approval, sponsorship, or affiliation with the Company, unless specifically stated. The Company may not be aware that a third party has linked to the Site. Websites linking to the Site must not: (i) replicate the Company’s content; (ii) create frames or border environments around the Company’s content; (iii) suggest that the Company endorses the linking website or its products; (iv) misrepresent its relationship with the Company; (v) provide false or misleading information about the Company’s products or services; or (vi) include inappropriate or offensive content. The linked content should be suitable for all audiences.
User Submissions:
Any comments, feedback, suggestions, images, videos, audio, graphics, or other materials submitted to the Company through the Site (collectively referred to as “User Content”) will remain the property of the Company. By submitting User Content, you assign all rights, titles, and interests in the content to the Company, including copyrights and other intellectual property rights. The Company has the right to use, modify, and distribute any User Content without compensation, acknowledgment, or obligation to the submitting user. The Company is not required to maintain the confidentiality of any User Content or to respond to it.
You agree that your User Content will not violate the rights of any third party, including copyrights, trademarks, privacy, or other proprietary rights. You also agree not to submit unlawful, defamatory, abusive, obscene, or otherwise objectionable content as determined by the Company. You are solely responsible for any User Content you post. Additionally, you consent to the Company using demographic and site usage data in a manner that does not reveal your identity. By participating in sweepstakes, contests, promotions, or requesting promotional information, you agree that the Company may use your data for marketing and promotional purposes.
Force Majeure:
The Company will not be held liable for delays or failure to perform due to causes beyond its reasonable control, including but not limited to war, weather conditions, strikes, floods, natural disasters, terrorism, pandemics, or third-party delays such as suppliers or vendors. These events are considered force majeure, and the Company is not responsible for any resulting delays or non-performance.
Third-Party Beneficiaries:
These Terms are intended solely for your benefit and are not meant to grant any legal or equitable rights or remedies to any third party.
Assignment:
The Company has the right to assign or transfer its rights and obligations under these Terms to any third party at its discretion. You may not assign your rights or delegate your duties under these Terms without the Company’s prior written consent, and any such attempt will be void.
Severability:
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
Notices and Electronic Communications:
Any notices you send to the Company should be directed to TheRosieBoutique LLC, ATTN: LEGAL, 147 West Robin Drive, Advance, North Carolina 27006. For notices from the Company, you consent to receiving communications via postings on the Site, emails to the address provided in your account, or physical mail sent to your billing address. These methods will satisfy any legal requirement that notices be in writing. Notices will be deemed received: (i) 24 hours after being posted on the Site or sent electronically, unless the recipient is notified that the message did not go through; or (ii) three days after being mailed. You agree that printed versions of these Terms and notices sent electronically can be used in legal proceedings, just like paper documents.
Notice for California Residents:
Under California Civil Code Section 1789.3, if you have any questions or complaints about the Site, you can contact us at the address above. California residents may also contact the Complaint Assistance Unit of the California Department of Consumer Affairs at 1625 North Market Blvd., Sacramento, CA 95834, or by calling (800) 952-5210.
Applicable Law and Venue:
These Terms are governed by the laws of North Carolina, U.S.A., without regard to conflict of law principles. Any disputes that are not subject to arbitration or small claims court should be brought in the state and federal courts located in North Carolina. You and the Company agree to submit to the jurisdiction of these courts and waive any objections to venue or jurisdiction.
Mandatory Pre-Dispute Resolution Process:
To the fullest extent allowed by law, you and the Company agree to waive the right to bring any claim related to these Terms, the Privacy Policy, or the Site in any forum, unless the party initiating the claim provides written notice of the dispute within one (1) year from the date it occurred. The notice must be sent by certified U.S. Mail or a similar service (e.g., UPS, FedEx) requiring a signature. If the recipient has no current physical address, the notice can be sent by email. The Company’s address for notice is: TheRosieBoutique LLC, ATTN: LEGAL, 147 West Robin Drive, Advance, North Carolina 27006.
The notice must include: (a) a description of the dispute, (b) the relief sought, and (c) must be signed by you (if you're initiating the notice) or by the Company’s representative. Once the notice is received, both parties will attempt to resolve the dispute through good-faith consultation within 60 days. During this time, neither party can initiate arbitration or a small claims case. If needed, either party may seek interim or preliminary relief from a court in Mocksville, North Carolina. If there’s a question about the adequacy of the notice or compliance with this resolution process, it can be decided by a court in Mocksville, North Carolina. Any applicable time limits (such as statutes of limitations) and filing deadlines are suspended during this process.
Class Action Waiver
Any disputes arising from or related to these Terms will be resolved on an individual basis. Neither you nor the Company will seek to have any dispute heard as a class action or in any other proceeding where either party acts in a representative capacity. No arbitration or legal proceeding will be combined with others unless all parties involved have provided prior written consent.
Mediation
After completing the Mandatory Pre-Dispute Resolution Process, you may choose to participate in a virtual or telephonic mediation session. To do so, you must file a “Non-Binding Mediation Demand.” The mediator will be selected and paid by the Company, and will be chosen from the North Carolina Administrative Office of the Courts’ certified Rule 31 mediator list. The mediation will not exceed three hours unless the parties agree otherwise.
Small Claims Court
You may bring any dispute related to this Agreement or the Site (including the purchase of products) in Davie County, North Carolina, on an individual basis. If you are located outside of North Carolina, you may participate via video or phone. These disputes must remain in Small Claims Court and cannot be transferred to a court of general jurisdiction. The party initiating the Small Claims Court action must certify that the Mandatory Pre-Dispute Resolution Process has been followed.
Arbitration Agreement
If any dispute arising from this Agreement or the Site (including purchases made through the website) cannot be resolved through the Mandatory Pre-Dispute Resolution Process, it will be settled exclusively by binding arbitration through National Arbitration and Mediation (NAM). The arbitration will take place in Davie County, North Carolina, or via virtual/telephonic hearings, depending on your location. The arbitration will follow NAM’s Comprehensive Dispute Resolution Rules and Procedures (or any applicable Mass Filing Supplementary Rules). If NAM cannot administer the arbitration, the parties will agree on an alternate provider. If an agreement cannot be reached, a court in Davie County, North Carolina, will appoint an alternate.
The demand for arbitration must be signed by the party initiating arbitration and their attorney (if applicable), certifying that they have followed the Mandatory Pre-Dispute Resolution Process and the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator can issue any remedy available under applicable laws, but only monetary damages, not injunctions or punitive damages, unless required by law. If injunctive relief is needed, it may be sought from a court of competent jurisdiction in Davie County, North Carolina.
Opt-Out
If you prefer not to resolve disputes through binding arbitration, you can opt out by sending a written notice to the Company at:
ATTN: Legal / Arbitration Opt-Out, TheRosieBoutique, LLC, 147 West Robin Drive, Advance, North Carolina 27006.
This notice must be received within 30 days of agreeing to these Terms, and it must include your full legal name, email address (if applicable), and a statement that you wish to opt out. Upon receipt, this section will become void, but all other terms will remain in effect.
If the Company changes its arbitration provisions in the future (except for the notice address), you may reject the change by sending a "Change Opt-Out Notice" to the same address within 30 days of the change. Once received, the change will be void, but you will still be bound by the previous arbitration provisions.
The arbitration provisions will apply to any claims against the Company or its affiliates arising from your use of the Site or related content.
By agreeing to arbitration, you waive your right to a jury trial and limit your ability to appeal. If you disagree with these provisions, you should refrain from using the Site.
Procedures for Mass Arbitration Filings
If there are 25 or more similar claims filed against the Company by the same or coordinated counsel, the following mass arbitration procedures will apply, which may delay the resolution of your dispute. The parties’ attorneys will work together to determine how the arbitration process should proceed.
Stage One: Each side will select 25 claims to be filed and proceed in arbitration. No more than five (5) cases will be assigned to a single arbitrator. If fewer than 50 claims are filed, all will proceed in individual arbitration. After this stage, the parties will engage in a global mediation, with the Company covering the mediation costs.
Stage Two: If the remaining claims are not resolved in Stage One, another 25 claims per side will proceed in arbitration, with the same rules applied. After Stage Two, another global mediation will occur, and the Company will again cover the mediation fee.
If after the second mediation the claims are still unresolved, two options are available:
- Option One: Either you or the Company can opt out of arbitration and proceed in a court of competent jurisdiction in Davie County, North Carolina. The opt-out notice must be sent within 30 days after the second mediation.
- Option Two: If no one opts out, the staged arbitration process will continue, with additional claims proceeding in batches of 200. The parties will continue until all claims are resolved.
All relevant deadlines, including statutes of limitations, will be suspended during these mass arbitration procedures.
Both parties agree to act in good faith to ensure these procedures are followed, and a court in Davie County, North Carolina, will have the authority to enforce these mass arbitration procedures. If they are found unenforceable, the dispute will proceed in court according to the terms of the Agreement.
No Waivers
The Company’s failure to enforce any provision of these Terms does not waive its right to enforce that provision in the future. Any waiver of a right or provision will only be valid if it is in writing and signed by an authorized representative of TheRosieBoutique, LLC.
Your Consent to This Agreement
By accessing and using the Site, you consent to these Terms. If we make changes, we will attempt to post updates on the Site so that you are always informed of the terms that apply. Continued use of the Site after changes to the Terms will signify your acceptance of those revisions.
If you have any questions or concerns, or if you encounter any inappropriate content on the Site, please contact us at:
TheRosieBoutique, LLC
info@shoptherosieboutique.com
