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Terms and Conditions

Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Withdrawal period: The period during which the consumer may exercise the right to withdraw from the contract.
Consumer: A natural person who is not acting in the course of a trade, business, or profession and who enters into a distance contract with the business.
Day: A calendar day.
Long-term transaction: A distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable data carrier: Any means that allows the consumer or business to store information addressed personally to them, in a way that makes future reference and unchanged reproduction possible.
Right of withdrawal: The consumer’s option to withdraw from the distance contract within the withdrawal period.
Business: A natural or legal person offering products and/or services to consumers at a distance.
Distance contract: A contract concluded as part of a system organized by the business for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication.
Means of distance communication: Any means that can be used to conclude a contract without the consumer and the business being physically present together.
General Terms and Conditions: These current general terms and conditions of the business.

Article 2 – Identity of the Business

Business name: Rosa New York
Customer Service Email: info@rosanewyork.com

Article 3 – Scope

These terms and conditions apply to every offer made by the business and to every distance contract concluded between the business and the consumer.

Before a distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be stated where the terms can be accessed, and a copy will be sent free of charge upon request.

If the contract is concluded electronically, the text of these terms and conditions may also be provided electronically in such a way that the consumer can easily store it on a durable data carrier.

In the event that special conditions apply to a specific product or service, these will apply in addition to these general terms. In case of conflict, the consumer may rely on the provision most favorable to them.

If one or more provisions of these terms are invalid or set aside, the remaining provisions shall continue to apply, and the invalid provision will be replaced by a valid one that most closely reflects the original intent.

Any situation not covered by these terms shall be assessed in the spirit of these conditions. Ambiguities regarding interpretation will also be resolved in the same way.

Article 4 – The Offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated.

Offers are non-binding. The business reserves the right to change or adjust offers.

Each offer contains a complete and accurate description of the products and/or services offered. Images, specifications, and data are provided for reference only and cannot justify a claim or contract cancellation.

It is possible that product colors may vary slightly from the photos shown online.

Each offer clearly states the associated rights and obligations, including:

Price (excluding customs duties and import VAT, which are the customer’s responsibility).
Any applicable shipping costs.
The process for concluding the contract.
Whether the right of withdrawal applies.
Payment, delivery, and performance methods.
The period during which the offer is valid.
Communication cost information (if different from standard rates).
Whether the contract will be archived and how it can be accessed.
How to check and correct order details before submission.
Available languages.
Any relevant codes of conduct.
Minimum contract duration for recurring transactions.

Article 5 – The Contract

Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and meets the stated conditions.

If the offer is accepted electronically, the business shall promptly confirm receipt electronically. Until this confirmation is received, the consumer may cancel the contract.

The business ensures secure electronic data transmission and payment environments.

The business may verify the consumer’s ability to meet payment obligations. If there are legitimate reasons, the business may refuse an order or attach special conditions to it.

The business shall provide the consumer with the following information in writing or via a durable data carrier:

The business address for complaints.
The conditions for exercising the right of withdrawal.
Warranty and after-sales service details.
Information stated in Article 4, paragraph 3, unless already provided.
Conditions for contract termination, where applicable.

Each contract is concluded subject to sufficient product availability.

Article 6 – Right of Withdrawal

Consumers have the right to withdraw from a purchase within 14 days without providing a reason.
This period begins the day after the consumer or their designated recipient receives the item.

During this period, the consumer must handle the product and packaging carefully. They may only unpack or use the item to the extent necessary to determine whether they wish to keep it.

If the consumer wishes to exercise this right, they must notify the business within 14 days via email or written notice and then return the item within 14 days thereafter.
Proof of shipment (such as a postal receipt) must be kept.

If no notification or return occurs within these timeframes, the purchase remains valid.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, they are responsible for the return shipping costs.

If the consumer has already made a payment, the business will refund it within 14 days of withdrawal, provided the returned goods have been received or proof of return has been submitted.

Article 8 – Exclusions of the Right of Withdrawal

The business may exclude the right of withdrawal for the following products, provided this is clearly stated prior to purchase:

Customized or personalized products.
Items of a personal or hygienic nature.
Perishable goods.
Items with broken hygiene seals.
Newspapers, magazines, or digital publications.
Audio/video recordings or software once the seal has been broken.

Article 9 – Prices

Prices will not increase during the offer period except for VAT rate changes or currency fluctuations beyond the business’s control.

All prices are subject to printing or typographical errors. In such cases, the business is not obliged to honor incorrect pricing.

VAT or customs duties, when applicable, will be charged to the customer by the courier or postal service upon import.

Article 10 – Conformity and Warranty

The business guarantees that products and/or services comply with the contract, the description in the offer, and legal requirements at the time of conclusion.

Defective or incorrectly delivered items must be reported within 14 days of delivery.
Items must be returned in their original packaging and unused condition.

The warranty corresponds to that provided by the manufacturer. This warranty does not cover misuse, improper handling, or unauthorized repairs.

Article 11 – Delivery and Execution

Deliveries will be made to the address provided by the consumer.

Orders will be fulfilled as soon as possible, but within 30 days at the latest, unless otherwise agreed.
If delays occur, the consumer will be notified and may cancel the contract at no cost.

Risk of loss or damage passes to the consumer once the order has been delivered to them or their designated recipient.

Article 12 – Long-Term Contracts: Duration, Termination, and Renewal

Consumers may terminate indefinite contracts at any time, subject to a notice period of no more than one month.

Fixed-term contracts may be terminated at the end of the term with the same one-month notice.

Contracts may not automatically renew, except for newspaper or magazine subscriptions under specific conditions.

Article 13 – Payment

Unless otherwise agreed, payments must be made within 7 business days.
Consumers are responsible for reporting incorrect payment information promptly.

If payment is late, reasonable collection costs may be charged after prior notice.

Article 14 – Complaints Procedure

Complaints must be submitted within 7 days of discovering any defect and described clearly.

The business will respond within 14 days. If more time is needed, the consumer will be informed.

If a dispute cannot be resolved amicably, it may be submitted for mediation or independent review.

Acknowledged complaints may result in a replacement or repair at no extra cost.

Article 15 – Disputes

Contracts between the business and the consumer to which these terms apply shall be governed exclusively by U.S. law, even if the consumer resides abroad.

Article 16 – CESOP Compliance

In accordance with regulations introduced in 2024 under the Payment Services Directive (PSD2) and the Central Electronic System of Payment Information (CESOP), payment service providers may record and report transaction data to European tax authorities for compliance purposes.