Website owner, the offering, and binding of Terms

This website is owned and operated by Neveah Rose, LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors apparel, mental health products/resources, and accessories. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

Who can use your website; what are the requirements to create an account

In order to use our website and/or receive our products/services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive products/services if doing so is prohibited in your country or under any law or regulation applicable to you.

Key commercial Terms offered to customers

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

 

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

 

The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your payment method.

Return and refund policy

For any undamaged product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Ready-to-wear clothing, and mental health products can be returned; and (ii) Made-to-order and Pre-order can only be returned if damaged upon receipt (iii) Products that cannot be returned : discounted & sale items. ​

Retention of right to change offering

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

Defects & responsibility for services and products

When we receive a valid defect claim for a product purchased from us, we will replace the product. If we are unable to replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of replaced products to customer and customer will be responsible for return shipment of the product to us.

Ownership of intellectual property, copyrights and logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Neveah Rose, LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

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You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

Right to suspend or cancel user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. 

Indemnification

You agree to indemnify and hold Neveah Rose, LLC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the products/services offered on the website.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Neveah Rose, LLC, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Neveah Rose, LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

Preference of law and dispute resolution

These Terms and Conditions and any separate agreements whereby we provide you products and services shall be governed by and construed in accordance with the laws of the State of Texas, USA, without regard to its conflict of law principles.

 

At Neveah Rose, we prioritize resolving disputes in a fair and efficient manner. In the event that a dispute arises between you and Neveah Rose, the following provisions will apply:​

   1. Initial Resolution Attempts

• ​Contact Us First: If you have any concerns or disputes, please contact our Customer Service team at info@neveahrose.com. We will make every effort to resolve the issue through informal negotiation within 30 days of your notice.

   2. Mediation

• If the dispute cannot be resolved through informal negotiation, the parties agree to participate in at least four hours of mediation in accordance with the mediation rules of the American Arbitration Association (AAA). The mediation will take place in Dallas, Texas or virtually according to parties location. If the mediation does not resolve the dispute, the parties may proceed to arbitration.

   3. Arbitration

• Binding Arbitration: Any dispute arising out of or relating to these Terms and Conditions, or the breach thereof, shall be finally resolved by arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

• Arbitration Location: The arbitration shall be held in Dallas, Texas.

• Arbitrator: The arbitration will be conducted by a single arbitrator selected in accordance with the AAA rules.

• Arbitration Fees: Each party will be responsible for their respective arbitration fees and costs, but the arbitrator shall have the discretion to allocate costs and fees in accordance with AAA rules.

• Confidentiality: The arbitration proceedings and any information pertaining to the arbitration shall be strictly confidential.

   4. Exceptions

• Small Claims Court: Either party may bring a claim in small claims court for disputes or claims within the scope of small claims jurisdiction.

• Injunctive Relief: Neveah Rose may seek injunctive relief in any court of competent jurisdiction to address infringement or misuse of intellectual property rights.

   5. Waiver of Class Actions

• Both parties agree to resolve disputes on an individual basis only, and not on a class, collective, or representative basis.

   6. Finality

• The arbitrator's decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.

Modification of Terms

Neveah Rose reserves the right to update or modify these dispute resolution terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our services following the posting of any changes constitutes acceptance of those changes.

User Community

All users that join our community have a public profile that is publicly visible to site visitors, and public activity (such as your posts or comments) will be visible to other visitors of the website. Users of the website can always opt-out and exit the community, and upon doing so, such user’s profile will not be publicly visible. Naturally, in such event the user will not be able to use the community features (e.g. liking, commenting or writing posts).

Customer support details & contact info

• Email: info@neveahrose.com

• Phone: 214-986-7590