Store Policy

The following are the terms and conditions (“Terms”) which form and comprise of the binding agreement (“Agreement”) between you, as the customer, and rosemattjoy, LLC, DBA the rose & prose (hereafter “we”, “our” or “us”). It is under this Agreement that you may use our website, mobile application, any product, service, book, audiobook or content, including both printed and digital (collectively, the “Products”) provided by us. By using, visiting, browsing or downloading from our website, including any affiliated vendors of our Products, you agree to be bound by these Terms. If you do not agree with any of the Terms, you are not permitted to use our website or purchase any of our Products. You agree that we may revise any of these Terms at any time by updating the Terms on our site and any applicable Application. Continued use of our website, Application and/or Products following such posting by us constitutes your acceptance of the revisions to the Terms. You should visit this page periodically to review the Terms.

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Financial Transactions

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We encourage readers of all ages. In order to make credit card, debit card or other forms of financial transactions you must be at least 18 years old. If you are a minor, you are welcome to purchase any Product with the permission and assistance of your parent or guardian.

You agree that you are the credit or debit cardholder, or owner and authorized user of any financial account used to make a purchase. You further agree that you are an authorized user on the financial account or you have express permission of the cardholder or account holder to use their card or account to make any purchases from us.

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Personal Data

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You agree to provide accurate and up-to-date essential personal information and data. By access and/or of our website or other applications, making purchases of our Products, you agree to the terms of our Policy of Use of Your Personal Data set forth below.

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Limited Personal Use

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You agree not to copy, modify, reproduce, retransmit, transfer, distribute, sell, broadcast, publish, make available to third parties or circulate the Products to anyone or to use or exploit any of the Products for commercial or non-commercial purposes without our express prior written consent. The Products, and any portion thereof, may only be used and played for your personal, non-commercial use. Any unauthorized publication, use, reproduction, retransmission, transfer, selling, broadcast or otherwise would be in violation of intellectual property rights held by and belonging to us. You agree not to provide your password to any other person, not to share audio content with another person or entity, translate, modify or create any derivative works.

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We reserve the right to terminate or restrict your use of our Products, without notice or further liability, as set forth in these Terms. If we determine, in our sole discretion, that you have breached or will likely breach any of these Terms, including failure to pay your invoice on time or otherwise, we reserve the right to refuse to you as a customer, in our sole discretion.

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You agree that we are not liable for any special, incidental, indirect or consequential damages of any kind.

When you purchase our Products we grant you a limited, revocable, non-exclusive, non-transferable license to download, listen to or stream the content of the Product to your device(s) solely for your personal non- commercial use. You will not sell, transfer, lease, modify, distribute or publicly perform the content, in whole or in part, in any manner, the Product.

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You bear all risk of loss for completing the download of the Product after purchase, once we have made such content of the Product available to you. You are solely responsible for any loss of the Product you have downloaded, including any loss due to a file corruption. Likewise for printed Products, you are solely liable for any loss or damage.

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Review Policy

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We encourage all of our customers to write a review of the Products. In order to keep discussions respectful and to guard against spam and abuse, we may elect to evaluate every review and review content thereof, in whole or in part. We may elect, in our sole discretion, to remove reviews that are deemed threatening or offensive (e.g., racist, profane, graphic, violent, derogatory, defamatory, etc.). We may also remove reviews that are not pertinent to the subject literary work which appear to serve merely as non-constructive insults to authors, narrators, or the Product.

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Return and Refund Policy

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In addition to any legally enforceable rights you may have, you may request a refund of audio Products that you purchase if (1) your payment for this purchase was tendered within the last ten (10) calendar days and (2) you have listened to less than ten percent (10%) of the audiobook content. If you elect to request a refund, you must provide a written to request a refund to us. You must certify that both of the above conditions are met in order to request a refund.

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If you have any questions or concerns regarding the Agreement, and any Terms thereof, then you may communicate to us in writing using the customer service email address provided on our website.

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Policy of Use of Your Personal Data

 

We have a policy (“Use Policy”) regarding user privacy and the use and storage of your information. This Use Policy applies to your use of this website and our associated applications, payment services, products and purchase of Products, including access via mobile devices and apps. 

 

Your personal data is collected when you use our website, create a user account, purchase any Products, provide us with your information, add or update information in your user account, post a review and/or otherwise interact with us. We may also collect personal data from other sources, such as other merchant accounts, credit agencies, and data providers.

 

Your personal data may be collected and/or used for various purposes. Your personal data can be used to provide for processing payments and refunds, to improve our services and Products, to provide you with a personalized user experience on our website, to contact you about your account, purchases, refunds, to provide you customer service, to provide marketing communications, and to detect, prevent, mitigate and investigate any suspected fraudulent or illegal activities. We also share your information with third parties, including service providers acting on our behalf, for these purposes. We may allow limited access of your personal data to provide or arrange for shipping of our Products and financial information as necessary to facilitate your purchases and collect payments.

 

In accordance with applicable law regarding data use, collection and storage, you may have the right to access, restrict of processing and data portability with regard to your personal data, which includes the right to withdraw your consent and object to the use, processing and storage of your personal data. You can withdraw your consent to the processing of your personal data by us at any time. Any withdrawal of consent would govern the prospective use of your personal data, but without use, processing and/or storage prior to your consent being withdrawn. We will make commercially reasonable efforts to identify your personal information that we collect, process, store, disclose and otherwise use, and to respond to your requests. We reserve the right to charge you a reasonable fee, or decline to act upon a request, if it is excessive or overly burdensome. If we deny your request, we will explain the reasons in our response. In order to fulfill your request, you must provide sufficient information for us to reasonably verify that you are the consumer from whom we collected the personal information. The information you send for us to verify your identity will be used for this purpose only. If we are unable to verify your identity or if we suspect fraudulent activity, we may decline to comply with your request.

 

Cookies and Similar Technologies 

 

When you use our website, we may employ cookies and similar technologies. Cookies are small text files that are automatically created by your browser and stored on your device when you use the Services.

 

We allow only limited access to other users' contact, shipping and financial information as necessary to facilitate your transactions and collect payments. We may also use your personal data for other legitimate business purposes such as confirmation of shipping, receipt of delivery, access and use of digital products, verifying payments and refunds, history of purchases of our Products, access to our website and other applications, and the like.

 

Wholesale Inquiries

 

If you have a retail store in a physical location (i.e., a brick-and-mortar store), your own online retail store or you are interested in a bulk purchase, please contact us to discuss more about your interest. Please note that we do not do private label or dropshipping. You must disclose whether you intend on marketing and/or selling our Products on third-party sites (e.g., eBay, Amazon, Etsy or other websites or platforms).

 

If you are interested in our Products for retail sales, contact us at linda@roseandprose.com with the subject line “Wholesale Inquiry”. Your Wholesale Inquiry needs to include the following: your company name, your name, your email, your telephone number, business address, and website URL. Also, please describe the type of business you operate (e.g., online, brick-and -motar (physical store), or other), a narrative about your retail operations and a description what products and services you offer, and the specific Products and the volume of Products in which you have interest.