Welcome to Cherry Rose Cottage. Please find below the terms and conditions ("Terms and Conditions") that govern the use of our website. Please review the details carefully and if you have questions, always feel free to contact us here.
If you use our site or purchase from us, you consent and agree to our Terms and Conditions. This consent and agreement applies to everyone who uses our website. Cherry Rose Cottage offers this website and all information, services and tools available from using this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, rules and notices on our website. By accessing or using this website, making an order or purchasing from Cherry Rose Cottage, you consent and agree to be bound by all Terms and Conditions stated on this website, including but not limited to, those Terms and Conditions stated on this page and those Terms and Conditions referenced by hyperlink on this page. Our terms apply to all users of our website including, without limitation, users who are browsers, vendors, customers and merchants.
Cherry Rose Cottage LLC is the provider of services and you are our customer. This website is operated by Cherry Rose Cottage LLC. Cherry Rose Cottage is a limited liability company. Wherever used throughout the site, "we," "us" and "our" refers to Cherry Rose Cottage LLC. Wherever used throughout the site, "you" and "your" refers to you (our "Customer").
Consent & Agreement.
If you use our site or purchase from us, you agree to our Terms and Conditions. Our terms and conditions may change at any time, so please check back here to review any updates. If you make a purchase after changes have been made, you are agreeing to the changes. Please read our terms and conditions carefully before accessing or using our website. By accessing or using this website, making an order or purchasing from Cherry Rose Cottage, you consent and agree to be bound by all terms and conditions stated on this website. You can review the most current version of our Terms and Conditions by viewing this page at any time. Terms and conditions are subject to change at any time and Cherry Rose Cottage reserves the right to revise and/or update our Terms and Conditions as necessary without prior notice to Customer. It is Customer's responsibility to check this page periodically for changes and/or revisions to our Terms and Conditions. Accessing or using our website following posted changes to the Terms and Conditions page constitutes your acceptance of the changes to our Terms and Conditions. You agree that it is your responsibility to monitor changes to our site before accessing or using our site. If you do not consent & agree to our Terms and Conditions, please do not use our website or purchase our items.
You represent that you are of legal age and agree that any minor dependents who make a purchase using your account has your permission to do so. By agreeing to our Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use this site. If a minor dependent makes a purchase not authorized by you, we will cancel the order for you as long as the order has not been delivered to our shipping provider. If we are able to cancel the order, a cancellation fee of 3% will apply and be deducted from any refund given. If the order has been delivered to our carrier, we will be happy to refund upon return of item(s). Please note that original shipping charges are nonrefundable. If order is refused at delivery, Customer is responsible for original shipping charges, return shipping charges, order processing fees, as well as any additional charges imposed by shipping provider. All such charges will be deducted from any refund provided to Customer once we receive the item back.
You will not use our site, products or services to break the law. Customer consents and agrees not to use our website, products or services for any illegal or unauthorized purpose nor use our products to violate any laws in your jurisdiction.
You will not upload any harmful stuff to our site. Customer agrees that you will not transmit any worms, viruses or codes of a destructive nature.
Cherry Rose Cottage will terminate your account if you violate or ignore the Terms and Conditions. A breach of any of our Terms and Conditions will result in immediate termination of your account and/or ability to access and use our website at our sole discretion.
Big Commerce provides Cherry Rose Cottage the platform on which to sell you stuff. Cherry Rose Cottage is hosted on Big Commerce. They provide our online e-commerce platform that allows us to sell our products to you.
Content.
Cherry Rose Cottage has toiled many long hours to create our content, logos, website, etc. Please don't copy or otherwise steal our stuff. All content on this website is the sole and exclusive property of Cherry Rose Cottage. This includes, but is not limited to, all photos, banners and verbiage. Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of our website or content. No portion of this website may be reproduced or used in any manner without the prior written consent of Cherry Rose Cottage. Headings used in this agreement are for convenience only and will not limit or otherwise affect the Terms and Conditions.
Authenticity. In accordance with applicable law, Cherry Rose Cottage does not purchase, sell or list for sale any merchandise believed to be counterfeit merchandise.
Indemnification.
Cherry Rose Cottage is not responsible for your loss if you violate the Terms and Conditions or for any loss related to activity on your account or use of our products. Your only remedy for a loss is refund of the purchase price of the product. You agree to indemnify, defend and hold harmless Cherry Rose Cottage and its respective officers, directors, agents, employees and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation or breach of these Terms and Conditions or any activity related to your account (including negligence or wrongful conduct), by you or any other person (including any third party claims) accessing this site by using your account. In no case shall Cherry Rose Cottage or any of its directors, officers, agents, employees or suppliers 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, arising from your use of any products or services provided by our website, or for any claim related in any way to use of our website, services or products. In the event of a claim, your sole and exclusive remedy is a refund of the purchase price of the product. You consent and agree that in no event shall Cherry Rose Cottage be responsible for any damages or costs of any kind in excess of the purchase price of the product.
Disclaimer; Limitation of Liability.
We can't guarantee that the operation of our site will always be perfect. Sometimes our site may be down for maintenance or other reasons. We do not guarantee, represent or warrant that your use of our site or services will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove our site and services provided to you for indefinite periods of time or cancel the service at any time without notice to you. You expressly agree that your use of, or inability to use, our site and/or services are at your sole risk.
Trademarks.
Cherry Rose Cottage is an independent reseller of preowned gently loved, used & vintage items. We are not endorsed by, affiliated with or associated with any brand, retailer, manufacturer or designer of items that are listed on our site. Any third party brand names and logos used by Cherry Rose Cottage on our site and/or for any commercial purpose by us are trademarks and/or registered trademarks of the respective holders. Any appearance of such information does not imply any affiliation with or endorsement of Cherry Rose Cottage.
Intellectual Property.
Cherry Rose Cottage takes intellectual property rights very seriously. If you are an intellectual property rights owner and you believe your rights have been infringed, please contact us via our mailing address as follows:
Cherry Rose Cottage
4817 Hwy 53E #652
Tate GA 30177
Loss.
Cherry Rose Cottage sells everything to you "as is" with a detailed description as to condition. We don't guarantee the product will fit your intended purpose or make you happy (but we sure hope so). We are not liable for your losses if you use our stuff inappropriately, illegally or for some purpose for which it is not intended. All products and services delivered to you are provided "as is" for your use, without any representations, 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 Cherry Rose Cottage or any of its directors or officers 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, arising from your use of any products or services provided by our website, or for any claim related in any way to use of our website, services or products.
Term and Termination.
Cherry Rose Cottage can delete your account at any time for any reason. You can terminate your account by letting us know or by not using our site. If we suspect you are not following the rules or are doing bad stuff, we can delete your account with no notice and no liability to us. If you or we end our relationship, all rules still apply. These Terms and Conditions are effective unless and until terminated by either Cherry Rose Cottage or Customer. Cherry Rose Cottage may delete and/or block your account at any time, for any reason or for no reason, without prior notice to Customer and with no liability to Cherry Rose Cottage. Cherry Rose Cottage reserves the right to deny service to anyone at any time with no prior written notice or explanation. Customer may terminate the Terms and Conditions at any time by notifying us that you no longer wish to use our website or services, or by ceasing to use our site. If, in our sole judgment, you fail to comply with these Terms and Conditions, or we suspect you have failed to comply, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Accordingly, we may deny you access to our site and services or any part thereof. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
Entire Agreement.
These Terms and Conditions are the only agreements we have with our Customers. Just because we choose not enforce something doesn't mean we give up the right to do so. These Terms and Conditions and any policies and/or rules of operation posted by us on this site or in respect to our website or services constitutes the entire agreement and understanding between you and us and governs your use of our website and services, superseding any prior or contemporaneous agreements, communications, proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities arising in the interpretation of these Terms and Conditions shall not be construed against the drafting party. The failure of Cherry Rose Cottage to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such rights or provisions.
Severability.
The Terms and Conditions are enforceable to the fullest extent of law. In the event any provision of our Terms and Conditions is determined to be unlawful, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from the Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Passwords.
You are responsible for making sure your password is safe. If you think someone is improperly using your account, contact the proper authorities as soon as possible. Customer is responsible for safeguarding the password used to access the Site and for any activities that occur or actions that take place under your password. Cherry Rose Cottage encourages you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers & symbols) to access and safeguard your account. In no event is Cherry Rose Cottage liable for any loss or damage arising from your failure to comply with the above requirements. If you believe your password has been compromised or someone has improperly accessed your account, please change your password immediately and contact the proper banking, credit companies or authorities.
Item Condition.
Cherry Rose Cottage sells preowned, used and vintage items. Please read the item description carefully so that you know what you are ordering as well as the specific return policies and details that apply to each item. All merchandise for sale on our website is in preowned, gently used, and/or vintage condition with the exception of our handmade merchandise. Item condition is stated clearly on each product page. Please review the condition and condition description for each item carefully as some items are not eligible for return. Preowned/used and vintage merchandise may have small defects or flaws. We examine each item multiple times before it is packaged and work very hard to describe and photograph all details for every item, however, occasionally there may be inaccuracies or omissions in product descriptions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information as necessary at any time without prior written notice (including after you have placed your order). Cherry Rose Cottage also reserves the right to cancel your order if we find the information regarding the products on our website to be inaccurate.
Inventory.
We usually only have one of each item. Our inventory is limited to the items you see on our website. We generally only have one of each item and some items move very quickly. All inventory is subject to sale at any time. Payment is due immediately when using our checkout process.
Modification of Product Description and Pricing.
Prices on our items can change at any time. Cherry Rose Cottage reserves the right to modify our prices or product descriptions at any time without notice. We also reserve the right to remove items from the website at our sole discretion. Cherry Rose Cottage shall not be liable to you or any third party for any modifications, price changes, removal of products, suspension or discontinuance of our service.
Display of Products.
We can't guarantee that your device screen will display colors the same as ours. Cherry Rose Cottage has made every effort to display and describe as accurately as possible the colors and images of our products that appear in our online store. We cannot guarantee the computer, phone or device used to access our site will display colors accurately.
In addition, in order to protect the intellectual property rights of others, Cherry Rose Cottage edits all photos to black out/remove the brand names or trademarks of any rights holder. This editing generally will appear as a box or marker placed over the text or trademark of the brand, manufacturer, retailer or designer. In any instances in which the branding has been covered by such box or marker, the product you receive will differ from the photos in that the branding that was covered/blacked out will appear on the actual product you receive.
We can't ship items to places where it is against the law or that have postal restrictions. We sometimes discontinue or make items unavailable that we no longer wish to feature on our site. We reserve the right to limit sales of our products to any person, geographic region or jurisdiction. We may exercise the right on a case-by-case basis. Any offer for any product made on this site is void where prohibited. We do not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations. We reserve the right to limit quantities of products we offer. We reserve the right to discontinue any product at any time without notice.
If we can't legally ship it, we will cancel your order. We reserve the right to cancel orders for products shipping to geographical locations outside the United States where shipping such items would be a violation of shipping restrictions and/or law.
All of our products are subject to our Return Policy here.
Payments.
We use PayPal to accept your payment. PayPal is our payment provider. We do not have access to, nor do we ever see, your payment information details (e.g., your credit, debit or other payment card number or information) other than the information needed to ship your order. If you do not have a PayPal account, you can still use PayPal as a guest without having an account. Please see the details on the PayPal website or contact PayPal customer service for assistance.
Returns. To view our Return Policies, please access the Help Tab on our home page and select "Returns" or click here.
Shipping. To view our Shipping Policies, please access the Help Tab on our Home Page and select "Shipping" or click here.
FAQ. To view our FAQ (Frequently Asked Questions) section, please access the Help Tab on our Home Page and select "FAQ" or click here.
Contact Us. To contact us, please access the Help Tab on our Home Page and select "Contact Us" or click here to go to our contact form. Please allow 24 hours for a response.
Privacy Policy. To view our Privacy Policy, please access the Help Tab on our Home Page and select "Privacy Policy" or click here.