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TERMS OF SERVICE
ROSA QUAY®

Last Updated: November 7, 2026

SECTION 1 - INTRODUCTION, CORPORATE ECOSYSTEM, AND CONDITIONS OF ACCESS

1.1 Brand Overview and Corporate Ecosystem
Welcome to ROSA QUAY®. Throughout these Terms of Service ("Terms"), the terms "we", "us", and "our" refer to ROSA QUAY® (including ROSA QUAY), a British contemporary fashion, design, visual arts, and management brand, and, where applicable, may also encompass its parent or holding entities, sister companies, subsidiaries, and/or designated international operating and fulfillment affiliates that may from time to time exist, appear, or collaborate within our corporate ecosystem (each acting as a separate and independent legal entity to the extent of its respective involvement). Our online store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to curate, offer, and sell our products and Services to you.

1.2 Incorporation of Governing Policies
Prior to accessing, connecting to, browsing, entering, shopping on, accepting, transacting on, or otherwise interacting with or remaining within any of our online, digital, virtual, or physical properties, domains, and services—including but not limited to our primary domains, subdomains, URLs, websites, mobile applications, servers, APIs, cloud infrastructure, official social media channels, 3D virtual showrooms, digital runways, Web3 or metaverse environments, as well as our physical retail spaces, pop-up stores, showrooms, art exhibitions, galleries, studios, private events, and warehouses (collectively, the "ROSA QUAY® Ecosystem", comprising our "Services" and "Premises")—any individual, visitor, browser, vendor, customer, merchant, contributor of content, entity, corporation, agency, or organization (collectively, "You" or "User") MUST first carefully read, fully comprehend, and unconditionally agree to the entirety of the following five core legal documents (collectively, the "Governing Policies"):
(a) These Terms of Service;
(b) Our Privacy Policy;
(c) Our Shipping Policy (also referred to as our Shipping & Customs Policy);
(d) Our Refund Policy (also referred to as our Returns, Exchanges, and Refund Policy); and
(e) Our Legal Notice.

1.3 Condition of Access and Use
Access to and use of the ROSA QUAY® Ecosystem is conditional upon your reading, understanding, and agreeing to the Governing Policies. If you do not agree to these Terms or any of the Governing Policies, please do not access, transact on, or use our websites, digital platforms, Services, or physical Premises, and please discontinue your session or visit immediately. Any use of our Services or entry into our Premises in violation of these Terms is unauthorized and may result in the suspension or termination of your access, revocation of your permission to remain on our Premises, and the exercise of our applicable civil and intellectual property remedies. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

1.4 Amendments to Terms and User's Duty to Review
Any new features, spaces, products, or tools which are added to the current store, Services, or Premises shall also be subject to these Terms. We reserve the absolute right to update, amend, modify, change, or replace any part of these Terms at any time at our sole discretion without prior notice by posting updates and/or changes to our website. It is your sole responsibility to check and review this page periodically—and prior to each access, use of any content or feature, entry, or transaction—to ensure you understand and agree to the current terms. Your continued use of, access to, or remaining within any website, domain, virtual space, Service, or physical Premises following the posting of any changes constitutes conclusive and binding acceptance of those changes.

1.5 International Operations and Affiliated Entities
To support our global creative vision and international clientele, the operations of the ROSA QUAY® Ecosystem may from time to time involve collaboration among different entities within our corporate network. While the ROSA QUAY® brand identity, artistic direction, domains, website design, and intellectual property are curated and managed under our British brand management framework (and/or its parent or holding framework), certain operational functions—such as the commercial sale of physical merchandise, inventory allocation, payment processing facilitation, invoicing, or global logistics dispatch—may be conducted either directly by us or through one or more designated international operating affiliates, sister companies, or global fulfillment branches. Where such affiliated entities are involved in a transaction, they act as separate and independent legal entities and may operate or appear on billing statements, banking records, customs declarations, or shipping documents under their own distinct corporate names.

SECTION 2 - ELIGIBILITY, LEGAL CAPACITY, DIGITAL SECURITY, AND PREMISES CONDUCT

2.1 Age Requirement and Legal Capacity to Contract
By accessing, browsing, or placing an order on this website, or by entering our Premises, you represent and warrant that you are at least eighteen (18) years of age (or the legal age of majority in your state, province, or jurisdiction of residence, whichever is higher) and possess the full legal capacity to enter into a binding commercial contract. Individuals under the age of 18 may only browse this website or visit our public Premises under the direct supervision and express verifiable consent of a parent or legal guardian, who agrees to be bound by these Terms on the minor's behalf. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We reserve the right to refuse Service or entry to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

2.2 Creative and Artistic Expression Notice
ROSA QUAY® is a British contemporary fashion, design, and visual arts brand. Certain lookbooks, editorial campaigns, exhibitions, artworks, and products featured across our Services and Premises may incorporate avant-garde fashion photography, figurative art, human form aesthetics, unconventional silhouettes, or bold and mature creative themes. All visual materials and creations are presented strictly as legitimate artistic, cultural, and high-fashion editorial expression. By accessing our Services or Premises, you acknowledge the artistic nature of our brand and confirm that viewing or purchasing our creations complies with the local laws and community standards of your jurisdiction. Anyone who finds contemporary artistic or figurative expression uncomfortable or unsuitable should immediately cease browsing and leave our website or Premises. ROSA QUAY® disclaims any liability for unauthorized use of the Services by minors or for any disputes arising from subjective interpretations of our artistic and editorial content.

2.3 Website Security and Acceptable Digital Use
Permission to access our domains, subdomains, websites, and virtual spaces is granted for legitimate browsing, shopping, and brand discovery in accordance with the Governing Policies. To maintain a safe and reliable browsing environment for all visitors, you must not transmit any worms, viruses, malware, or any code of a destructive nature, nor attempt to bypass our security measures, access non-public administrative areas, or intentionally disrupt the technical stability of our servers and cloud infrastructure. Any malicious attempt to compromise the security or technical operation of our digital platforms will result in the immediate termination of your access and may subject the offending party to applicable legal liability.

2.4 Physical Premises Conduct and Revocation of License to Enter
Entry into and remaining within any physical venue, retail store, pop-up space, showroom, art gallery, exhibition venue, studio, warehouse, or private premises operated, leased, or hosted by ROSA QUAY® or its affiliates is strictly conditional upon your acceptance of and compliance with the Governing Policies and any on-site guidelines.
(a) Unauthorized commercial photography, commercial videography, 3D scanning, live-streaming for commercial solicitation or personal shopping ("daigou"), garment measurement, pattern tracing, commercial sketching, or disruptive behavior within our physical Premises is strictly prohibited without our express prior written consent.
(b) If you do not understand or agree to these Terms, or if you breach any provision herein while on our physical Premises, your implied license to enter or remain on the property is immediately and automatically revoked without further notice, rendering your presence an unlawful and actionable trespass to land/premises. Our staff, event personnel, management, and security teams reserve the absolute right to refuse entry, demand the immediate deletion of unauthorized commercial recordings, and summarily eject or remove any non-compliant individual from the Premises without liability, alongside referring the matter to law enforcement authorities.

2.5 On-Site Filming, Event Photography, and Likeness Release
In alignment with our Privacy Policy, by entering, visiting, or remaining within any physical Premises operated, leased, or hosted by or affiliated with ROSA QUAY® (including boutiques, galleries, exhibitions, private events, fashion presentations, and pop-ups), You acknowledge and agree that the Premises may be subject to closed-circuit television (CCTV) security monitoring as well as commercial, editorial, artistic, archival, and promotional photography, audio recording, and video filming conducted by or on behalf of ROSA QUAY® personnel and authorized photographers. By setting foot in our Premises, You unconditionally, irrevocably, and perpetually grant ROSA QUAY® and its designees the absolute right and permission to film, photograph, and record Your physical likeness, image, appearance, voice, and presence, and to use, reproduce, edit, modify, exhibit, publish, and distribute such recordings worldwide in any media format now known or hereafter devised, for security, promotional, artistic, editorial, public relations, or commercial purposes, without any compensation, further notification, or approval rights. All copyrights, intellectual property rights, and ownership titles in any photographs, footage, or recordings taken by or on behalf of ROSA QUAY® within our Premises shall vest one hundred percent (100%) exclusively in ROSA QUAY® from the moment of creation. If you do not wish to be photographed or recorded under these terms, please do not enter our physical Premises.

SECTION 3 - INTELLECTUAL PROPERTY RIGHTS, ZERO-TOLERANCE POLICY, AND COMMUNITY SHARING

3.1 Comprehensive Ownership of Intellectual Property
All content, materials, and intellectual property displayed, featured, or made available across our online, virtual, and physical Services and Premises—including but not limited to fashion and garment designs, apparel patterns, textile prints, original artworks, sculptures, installations, illustrations, graphic designs, spatial concepts, architectural layouts, photography, lookbooks, videography, website architecture, UI/UX layout, domain names, software code, text, audio, trademarks, and logos (collectively, the "ROSA QUAY® Content" or "ROSA QUAY® IP")—are the exclusive property of ROSA QUAY®, its brand management entity, its parent/holding entities, its affiliated entities, or its respective licensors. All such rights are strictly protected by the copyright, trademark, design right, unfair competition, and intellectual property laws of the United Kingdom (England and Wales) and international intellectual property treaties (including the UK Copyright, Designs and Patents Act 1988 and the Trade Marks Act 1994).

3.2 Zero-Tolerance Policy on Unauthorized Use and Exploitation
WE EXPRESSLY DO NOT CONSENT TO ANY UNAUTHORIZED USE, REPRODUCTION, EXTRACTION, MODIFICATION, OR EXPLOITATION OF ANY ROSA QUAY® CONTENT IN ANY FORM OR TO ANY DEGREE WITHOUT OUR EXPRESS PRIOR WRITTEN CONSENT. Except as strictly permitted for benign personal browsing or personal non-commercial lifestyle sharing under Section 3.5 below, you must not reproduce, duplicate, copy, republish, upload, post, modify, adapt, translate, crop, create derivative works from, distribute, transmit, display, perform, sell, resell, license, reverse-engineer, or otherwise exploit any portion of the ROSA QUAY® Ecosystem or any ROSA QUAY® Content—whether in whole, in part, or in altered form, and whether for commercial or non-commercial purposes—without our express prior written agreement. Any unauthorized use of our intellectual property constitutes an immediate, actionable infringement and a material breach of these Terms.

3.3 Open Brand Discovery vs. Prohibition on Copyright-Infringing Extraction
(a) Welcoming Search Engines, AI Discovery, and Benign Crawlers: To allow global audiences, art enthusiasts, and customers to discover ROSA QUAY® across diverse platforms, we welcome and permit search engines, AI-powered search and discovery assistants, fashion aggregators, social media preview tools, and benign automated crawlers to access, read, index, summarize, introduce, reference, and share links to our publicly available website content, provided that such activities do not disrupt the technical stability of our Services or infringe upon our intellectual property rights.
(b) Strict Prohibition on Copyright-Infringing Scraping and Counterfeiting: Notwithstanding our openness to brand discovery under Section 3.3(a), you are strictly prohibited from using any automated scraping tool, software, or AI system to extract, harvest, or replicate ROSA QUAY® Content for the purpose of infringing our copyrights, trademarks, or design rights—including, without limitation, manufacturing or selling counterfeit goods, cloning or impersonating our website, commercial resale of our visual assets, or using AI tools to deeply copy, replicate, or generate knock-off or substantially similar copies of our proprietary garment designs, textile prints, and original artworks.

3.4 Trademarks and Trade Dress
ROSA QUAY® and all associated emblems, monograms, trade dress, spatial designs, product names, and insignias are registered and/or unregistered trademarks belonging to our corporate ecosystem. Nothing contained across the Services or Premises should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or trade dress without our express prior written permission.

3.5 Visitor Photography, Social Media Sharing, and Brand License
(a) Welcoming Personal and Non-Commercial Lifestyle Sharing: At ROSA QUAY®, we deeply cherish our community and the shared appreciation of contemporary art, fashion, and design. Notwithstanding the commercial restrictions set forth in Section 2.4(a) and Section 3.2, we warmly welcome and encourage our visitors, guests, and customers to take personal photographs or videos within the public areas of our Premises (where permitted) to capture their memorable experiences, to share these moments on personal social media accounts (such as Instagram) for non-commercial, everyday lifestyle sharing, and to repost or share our official social media publications with friends, family, and fellow art enthusiasts.
(b) Community Interaction, Grant of License, and Assignment of Derivative Rights to ROSA QUAY®: To foster seamless, positive interaction between ROSA QUAY® and our community, and to ensure we can celebrate and showcase your wonderful moments without legal friction, You agree that whenever You capture, film, create, post, upload, tag, publish, display, or share any photographs, videos, digital renders, or other generated materials featuring our Premises, exhibitions, products, or ROSA QUAY® Content in any manner (whether published, displayed, or shared in public, semi-public, private social circles, closed groups, or non-private forms): (i) to the fullest extent permitted by applicable law, ROSA QUAY® shall automatically acquire and be vested with the maximum permissible copyright, co-ownership, and proprietary rights in and to such photographs, videos, or generated materials; and (ii) to the extent automatic copyright assignment is restricted by applicable law, You hereby gladly and automatically grant to ROSA QUAY® an unconditional, worldwide, perpetual, irrevocable, royalty-free, fully transferable, sub-licensable, and unrestricted right and license to use, repost, reproduce, modify, edit, adapt, publish, exhibit, distribute, archive, and permanently retain such materials across any of our official social media channels, websites, press releases, marketing campaigns, or brand archives, without any restriction and without any obligation to seek further permission, provide attribution, or pay any royalties or compensation to You or any third party. You irrevocably waive all moral rights in such materials and expressly agree never to assert any claim of copyright infringement, portrait/privacy violation, or compensation against ROSA QUAY® or its affiliates for reposting, modifying, retaining, or utilizing content that features our own spaces, brand, or creations.
(c) Strict Prohibition on Commercial Use and No Independent Exclusive Copyright: To protect the integrity of our artists and brand from unauthorized commercial exploitation, any member of the public, individual, commercial enterprise, unauthorized reseller (including personal shoppers or "daigou"), influencer agency, or non-commercial institution is strictly prohibited from using any photographs, videos, 3D scans, or other generated products captured within our Premises or featuring ROSA QUAY® Content for any commercial purpose, financial gain, advertising, client solicitation, institutional promotion, or unauthorized use without our prior written consent. Furthermore, because the core artistic and substantive value of such captured materials is derived directly from ROSA QUAY®'s proprietary spaces and underlying intellectual property, the photographer, creator, or producing entity expressly acknowledges and agrees that the act of photographing, filming, or generating such materials does not grant them any independent, exclusive, or superior copyright or commercial exploitation rights over the resulting photographs, videos, or generated products.

SECTION 4 - USER SUBMISSIONS, ENTRIES, AND ASSIGNMENT OF RIGHTS

4.1 Scope of User Submissions and Non-Confidentiality
In alignment with our Privacy Policy, if, at our request, you submit specific materials (for example, event registrations, open-call applications, contest entries, or buyer showcases) or, without a request from us, you upload to our website, transmit, email, message, or physically deliver any data, content, images, photographs, videos, creative ideas, designs, portfolios, proposals, feedback, or other materials to us in any electronic or physical form (collectively, "User Submissions"), you agree that—except for strictly protected personal identity and payment data governed by our Privacy Policy—all User Submissions are provided on a strictly non-confidential and non-proprietary basis. We shall be under no obligation to maintain any User Submissions in confidence, to pay any compensation or royalties for them, or to respond to or return any physical or digital submissions.

4.2 Maximum Copyright Acquisition, Usage, Modification, and Retention Rights
By uploading, transmitting, or delivering any User Submission to us in any electronic or physical form, You unconditionally agree that:
(a) Maximum Assignment of Copyright: To the fullest extent permitted by applicable law, ROSA QUAY® automatically acquires and is hereby assigned the maximum permissible copyright, intellectual property rights, and full ownership title in and to the User Submission worldwide from the moment of submission; and
(b) Perpetual Unrestricted License and Retention Rights: To the extent that full copyright assignment is not automatically effective under mandatory statutory law, You hereby automatically grant ROSA QUAY® and its affiliates an exclusive, worldwide, perpetual, irrevocable, royalty-free, fully transferable, and sub-licensable right and license to use, modify, edit, alter, crop, adapt, reproduce, publish, display, distribute, commercially exploit, and permanently retain and archive the User Submission in any medium or format now known or hereafter developed, without any restriction whatsoever. You further unconditionally and irrevocably waive all moral rights (including rights of attribution and integrity) in any User Submissions in favor of ROSA QUAY®.

4.3 No Duty to Pre-Verify, User Warranties, and Full Liability of Submitter
(a) Impossibility of Prior Verification and Disclaimer: You expressly acknowledge that ROSA QUAY® has neither the legal obligation nor the practical ability to pre-screen, investigate, or verify one by one the truthfulness, factual accuracy, originality, portrait/likeness consent, or underlying copyright ownership of User Submissions uploaded or delivered to us. We assume no responsibility or liability whatsoever for any User Submissions submitted by you or any third party.
(b) Submitter's Sole Responsibility and Our Right of Recourse: By submitting any content or data to us, You unconditionally represent and warrant that the submission is truthful and accurate, that You own or have lawfully secured all necessary copyrights, portrait rights, model releases, and permissions required to grant us the rights under Section 4.2, and that the submission does not infringe upon the intellectual property, privacy, portrait, publicity, or other legal rights of any third party or violate any law. Any and all negative responsibilities, legal liabilities, third-party claims, regulatory fines, or disputes arising from or relating to any inaccuracy, falsehood, portrait right violation, or copyright/intellectual property infringement in the submitted content or data shall rest one hundred percent (100%) solely and exclusively with You (the uploader or submitter). ROSA QUAY® reserves the absolute right to hold You fully accountable and to actively pursue and recover from You all direct, indirect, and reputational losses, damages, settlements, administrative costs, and full legal fees in accordance with Section 14.

SECTION 5 - PRODUCT REPRESENTATION, VISUAL ENHANCEMENT, AND AI TOOLS DISCLAIMER

5.1 Contemporary Fashion and Limited-Edition Creations
ROSA QUAY® operates at the intersection of contemporary fashion, avant-garde design, and visual arts. Many of our garments, prints, and objects are produced in limited editions or feature artisanal, hand-finished, or experimental techniques. Certain products or Services may be available exclusively online or at designated pop-up venues and may have strictly limited quantities.

5.2 Visual Images for Reference Only and Material Variations
All product photographs, lookbook imagery, videos, 3D renders, and visual depictions displayed on our website or across our Services are provided strictly for illustrative and reference purposes only. Actual physical merchandise may vary from the displayed images in terms of color shade, texture, print placement, wash, surface finish, proportion, or structural detail due to studio lighting, photographic angles, artisanal production processes, or differences in individual computer monitors and mobile device screens. All measurements and sizing guides are approximate. Such variations between the displayed imagery and the physical item shall not constitute a defect, misrepresentation, or breach of contract.

5.3 Use of Image Editing, Retouching, and AI Tools Without Notice
To achieve optimal aesthetic presentation, artistic direction, and visual storytelling across the ROSA QUAY® Ecosystem, we reserve the absolute right to utilize digital image editing software, photographic retouching, visual effects, compositing, or artificial intelligence (AI) generation and enhancement tools in the creation, styling, or post-production of our website imagery, lookbooks, campaigns, and product visuals. We are under no obligation whatsoever to provide prior notice, disclosure, or special labeling on any image or content where such editing, retouching, or AI tools have been employed.

5.4 General Information Accuracy
The material on this site is provided for general information only. We undertake no obligation to update, amend, or clarify information across the Services, including without limitation, product descriptions and pricing information, except as required by law. We do not warrant that the quality or aesthetic of any products, Services, or materials purchased or obtained by you will meet your subjective expectations.

SECTION 6 - CONTRACT FORMATION, INVENTORY AND PRICING ERRORS, AND 30-DAY REFUND MECHANISM

6.1 Invitation to Treat and Contract Formation Upon Dispatch
All products, artistic works, and displayed prices/monetary amounts on the Services constitute an "invitation to treat" under common law and not a binding offer to sell. When you place an order and complete payment at checkout, your submission constitutes a formal offer to purchase. Your receipt of an automated order confirmation email acknowledges only that your order request has been received by our system; it does not mean we have accepted your order or that a contract has been formed. A binding contract for the sale of goods is formed only when we have verified stock availability and pricing, approved your order, and physically dispatched the merchandise, as confirmed by a formal Dispatch Confirmation email.

6.2 No Guarantee of Inventory or Pricing Accuracy and Absolute Right to Cancel
WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, OR REAL-TIME AVAILABILITY OF STOCK UNITS (INVENTORY LEVELS) OR DISPLAYED PRICES/MONETARY AMOUNTS ON THE WEBSITE. Inventory counts and displayed monetary amounts may occasionally be inaccurate due to system synchronization delays, typographical or human data-entry errors, currency conversion fluctuations, or technical glitches. Prior to physical dispatch—and even after an automated order confirmation has been sent or your payment has been captured—we reserve the absolute right to refuse, limit, or unilaterally cancel any order or transaction in whole or in part at our sole discretion, including without limitation due to:
(a) Stock unavailability, inventory errors, or failure of an item to pass final pre-shipment quality control;
(b) Pricing errors, incorrect monetary amounts displayed at checkout, currency conversion inaccuracies, or promotional code glitches; or
(c) Suspected fraudulent activity, unverifiable billing/shipping details, or orders that appear in our sole judgment to be placed by unauthorized resellers, commercial bulk buyers, or personal shoppers ("daigou").

6.3 Refund to Original Payment Method Within 30 Calendar Days
If your order or transaction is cancelled by us (in whole or in part) due to stock unavailability, pricing/monetary amount errors, or any other reason under Section 6.2 after your payment has been deducted, your sole and exclusive remedy shall be a refund of the actual monetary amount paid for the cancelled item(s).
(a) Original Payment Method Only: All refunds will be returned strictly via the original payment method and to the original payment account used for the transaction. We cannot issue refunds to alternative cards, bank accounts, or third parties.
(b) 30-Day Processing Window and Bank Delay Disclaimer: We will complete our internal refund processing procedure within thirty (30) calendar days from the date our cancellation notice is issued. However, You expressly acknowledge and agree that once we have processed the refund on our end, the actual time required for the refunded funds to arrive and appear in Your account depends entirely on the clearing schedules and settlement procedures of Your respective bank, credit card issuer, financial institution, or payment platform. ROSA QUAY® bears no responsibility or liability whatsoever for any such banking or financial institution processing time differences, and we shall not be liable for any interest, currency exchange fluctuation loss, or additional compensation beyond the refunded purchase amount.

6.4 Accuracy of Billing and Account Information
You agree to provide current, complete, and accurate purchase, billing, and shipping information for all orders placed at our store, and to promptly update your details as needed so that we can complete your transactions and contact you regarding your order.

SECTION 7 - CURRENCY, MODIFICATIONS TO SERVICE, AND CHECKOUT TERMS

7.1 Currency and Modifications to Service
Prices for our products may be displayed in British Pounds Sterling (GBP), US Dollars (USD), Euros (EUR), or other currencies depending on your browsing selection. All product descriptions, availability, and pricing are subject to change at any time without prior notice at our sole discretion. We reserve the right at any time to modify, suspend, or discontinue the Service (or any part or content thereof) without notice, and we shall not be liable to you or to any third party for any such modification, price change, suspension, or discontinuance.

SECTION 8 - GLOBAL FULFILLMENT, INTERNATIONAL SHIPPING, AND CUSTOMS

8.1 Global Fulfillment Hubs and Delivery Estimates
To facilitate global distribution and serve our international clientele efficiently, the inventory management, order fulfillment, and physical dispatch of merchandise are executed by our designated international operating branch / global fulfillment affiliate or partner warehouses depending on stock allocation. Estimated delivery timeframes are provided for reference only; time shall not be of the essence for delivery, and we are not liable for transit delays caused by couriers, weather, or customs clearance. All orders and shipments are further governed by our separate Shipping Policy posted on our website, which forms an integral part of these Terms.

8.2 Customs Duties, Import Taxes, and Tariffs
Unless explicitly stated otherwise at checkout (for example, where Delivered Duty Paid "DDP" is expressly offered and paid for), international orders are shipped on a Delivered At Place (DAP) / Delivered Duty Unpaid (DDU) basis. You, as the importer of record, are solely responsible for paying all applicable import duties, customs tariffs, Value Added Tax (VAT), Goods and Services Tax (GST), and customs brokerage fees levied by the destination jurisdiction.

8.3 Refusal of Customs Clearance and Unclaimed Shipments
If you refuse to pay applicable import duties/taxes, fail to provide required customs clearance documentation, or fail to collect your parcel, resulting in the shipment being returned, abandoned, or destroyed by customs authorities or couriers, we reserve the right to deduct all original and return shipping charges, customs penalties, storage fees, and administrative handling costs from any potential refund, or to deny a refund altogether if the merchandise is confiscated, abandoned, or destroyed by customs.

SECTION 9 - RETURNS, EXCHANGES, AND 7-DAY FULFILLMENT DISCREPANCY MECHANISM

9.1 General Returns Policy
Standard return, exchange, and refund rules (including statutory rules where mandatorily applicable by law, alongside strict hygiene and bespoke exclusions for intimate apparel, swimwear, earrings, fragrances, art editions, or custom pieces) are governed by our Refund Policy (and, where applicable, our Shipping Policy) posted on our website, which forms an integral part of these Terms.

9.2 Fulfillment Discrepancies (Wrong Size, Item, or Quantity) and 7-Day Reporting Deadline
Upon delivery of your parcel, it is your immediate responsibility to inspect the merchandise. In the event of any shipping error, discrepancy, or omission attributable to us (such as dispatching an incorrect size, an incorrect style/item, or a quantity shortage / missing item), You must notify our Customer Service team via email within strictly seven (7) calendar days from the date of delivery.
(a) Mandatory Photographic Evidence: Your email notification within the 7-day window must include your order number and clear, unobstructed photographic (and, where available, unboxing video) evidence showing: (i) the outer shipping box/packaging and the courier shipping label; (ii) the actual item(s) received; and (iii) all original ROSA QUAY® swing tags, security ribbons, and packaging intact and attached to the item(s).
(b) Conclusive Acceptance After 7 Days: If you fail to notify us with the required photographic evidence within seven (7) calendar days of delivery, the delivered merchandise shall be conclusively deemed to have been received in the exact size, style, quantity, and condition ordered, and we shall have no obligation to entertain subsequent discrepancy claims.

9.3 Preservation of Original Condition and Our Sole Discretion on Remedy
(a) Strict Unworn and Tags-Intact Requirement: Even where an incorrect size or item has been dispatched by us, You must not wear the item outdoors, wash, alter, soil, apply fragrance to, or remove the original swing tags, security ribbons, or packaging from the incorrectly sent merchandise. If an incorrectly sent item has had its tags removed, or shows any signs of wear, washing, or damage, we reserve the absolute right to refuse any exchange, replacement, or refund.
(b) Return of Wrongly Dispatched Merchandise: Where we require the return of an incorrectly sent item, You must return the item to our designated global fulfillment return hub in its original, unworn condition with all tags attached (using the return instructions and authorization provided by us) within the timeframe specified by our team. If you fail or refuse to return the wrongly sent merchandise, we reserve the right to withhold any replacement or refund, or to deduct the full retail value of the unreturned item.
(c) Remedy at Our Sole Discretion: Upon our verification of a timely reported fulfillment discrepancy (and our receipt and inspection of any wrongly sent item), ROSA QUAY® (or our fulfilling affiliate) shall have the absolute right, at our sole discretion, to resolve the matter by choosing either of the following remedies:
(1) Replacement or Re-dispatch: Subject to actual stock availability, dispatch the missing quantity or replace the item with the correct size/style at our shipping expense; OR
(2) Refund to Original Payment Method: If the correct size or item is out of stock, discontinued, or if replacement is deemed impracticable by us, cancel the affected item(s) and issue a refund for the corresponding purchase amount back to your original payment method (processed within thirty (30) calendar days of verification in accordance with Section 6.3). Aside from the replacement or refund of the affected item(s) as determined above, we shall bear no liability for any indirect loss, consequential damages, or additional compensation.

SECTION 10 - OPTIONAL TOOLS AND THIRD-PARTY LINKS

10.1 Optional Third-Party Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion.

10.2 Third-Party Links
Certain content, products, and Services available via our Ecosystem may include materials from third parties or links that direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any third-party materials, websites, products, or services. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction.

SECTION 11 - PERSONAL INFORMATION AND PRIVACY POLICY

Your submission of personal information through our store, digital domains, or physical Premises, as well as our collection and use of on-site photography and submitted data, is governed by our Privacy Policy (one of the five mandatory Governing Policies) together with Sections 2.5, 3.5, and 4 of these Terms.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set forth across the Governing Policies, you are strictly prohibited from using our domains, websites, virtual spaces, physical Premises, products, or ROSA QUAY® Content:
(a) for any unlawful or unauthorized purpose, or to solicit others to perform or participate in any unlawful acts;
(b) to violate any international, national, federal, provincial, or local regulations, rules, laws, or ordinances;
(c) to infringe upon, misappropriate, or violate our intellectual property rights or the intellectual property, portrait, or privacy rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(e) to submit false, inaccurate, misleading, or unauthorized third-party information or materials;
(f) to upload or transmit viruses, worms, trojans, or any other type of malicious or destructive code that will or may affect the functionality or security of the ROSA QUAY® Ecosystem or the Internet;
(g) to collect or track the personal information of others without authorization;
(h) to spam, phish, pharm, pretext, or engage in malicious data extraction, unauthorized 3D scanning for counterfeiting, or any automated scraping or AI replication that infringes upon our copyrights, trademarks, or design rights (in violation of Section 3.3);
(i) for any unauthorized commercial solicitation, personal shopping ("daigou") broadcasting, or institutional promotion; or
(j) to interfere with or circumvent the security features of our domains, servers, or physical Premises.
We reserve the absolute right to immediately terminate your access to the Services, summarily eject you from our Premises, and pursue full civil and criminal legal remedies for violating any of these prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND FORCE MAJEURE

13.1 Statutory Exceptions
Nothing in these Terms shall limit or exclude our liability for: (a) death or personal injury caused by our proven negligence; (b) fraud or fraudulent misrepresentation; or (c) any other statutory liability that cannot be lawfully excluded or limited under applicable mandatory law.

13.2 Disclaimer of Warranties ("As Is" and "As Available")
We do not guarantee, represent, or warrant that your access to or use of our Services or Premises will be uninterrupted, timely, secure, or error-free. You agree that from time to time we may remove or close any aspect of the Services or Premises for indefinite periods or cancel the Service at any time without prior notice. You expressly agree that your use of, or inability to use, the ROSA QUAY® Ecosystem is at your sole risk. The Services, Premises, and all products and content delivered or displayed to you are (except as expressly stated by us in writing) provided strictly "as is" and "as available", without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement.

13.3 Exclusion of Consequential Loss and Liability Cap
Subject to Section 13.1, to the fullest extent permitted by law, in no case shall ROSA QUAY® (including ROSA QUAY), its brand management entity, parent/holding entities, sister companies, designated operating and fulfillment affiliates, directors, officers, employees, designers, artists, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, exemplary, special, or consequential damages of any kind—including, without limitation, lost profits, lost revenue, lost savings, loss of data, loss of business or goodwill, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise—arising from your access to or use of any of the Services or Premises, or any products procured using the Services, or for any other claim related in any way to your use of the Ecosystem or any product (including any errors or omissions in any content), even if advised of their possibility. Where applicable law does not allow the complete exclusion of liability for certain damages, our liability shall be limited to the maximum extent permitted by law, and our maximum aggregate liability to you for any claim arising out of or relating to a specific product or order shall in no event exceed the total monetary amount actually paid by you for the specific product(s) giving rise to the claim.

13.4 Force Majeure (Events Beyond Our Control)
Neither ROSA QUAY® nor any of its parent, holding, sister, or affiliated operating and fulfillment entities shall be liable, held in breach of contract, or responsible for any failure or delay in performing any obligations under these Terms (including, without limitation, order processing, manufacturing, dispatch, international delivery, customs clearance, refund processing, event hosting, or website availability) if such failure or delay is caused by or results from a Force Majeure Event. A "Force Majeure Event" means any act, event, non-happening, omission, or circumstance beyond our reasonable control, including but not limited to:
(a) Acts of God, natural disasters, earthquakes, floods, typhoons, hurricanes, storms, fires, volcanic activity, or extreme adverse weather conditions;
(b) Epidemics, pandemics, infectious disease outbreaks, public health emergencies, lockdowns, or quarantine restrictions;
(c) War, armed conflict, threat or preparation for war, hostilities, terrorism, civil commotion, riot, insurrection, embargo, or international trade sanctions;
(d) Any law, decree, order, blockade, customs inspection delay, border closure, import/export restriction, or action taken by any government, public authority, regulatory body, or customs agency;
(e) Strikes, lockouts, labor shortages, industrial disputes, or actions affecting postal services, maritime ports, air freight, couriers, or logistics providers;
(f) Global or regional logistics and supply chain paralysis, raw material or fabric shortages, factory closures, or transportation network disruptions; and
(g) Cyberattacks, Distributed Denial-of-Service (DDoS) attacks, hacking, ransomware, telecommunications or internet backbone failures, power grid outages, or failures of third-party cloud hosting, e-commerce platforms, or banking/payment gateway networks.
During the continuance of any Force Majeure Event, our obligations shall be suspended for the full duration of the event, and we shall be granted a corresponding reasonable extension of time to perform our obligations without any liability to You.

SECTION 14 - INDEMNIFICATION AND RIGHT OF RECOURSE

You agree to fully indemnify, defend, and hold harmless ROSA QUAY® (including ROSA QUAY), its brand management entity, parent/holding entities, subsidiaries, sister companies, designated operating and fulfillment affiliates, partners, directors, officers, designers, artists, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, and interns from and against any and all claims, demands, lawsuits, regulatory actions, liabilities, damages, losses, reputational harm, settlements, administrative costs, and full legal and attorneys' fees (on a full indemnity basis) made by any third party or incurred by us due to, arising out of, or resulting from:
(a) your breach of any provision of these Terms of Service or any of the Governing Policies;
(b) your unauthorized use, reproduction, commercial exploitation, AI training use, or infringement of any ROSA QUAY® Content or intellectual property;
(c) any inaccuracy, falsehood, defamation, lack of consent, portrait/likeness right violation, or third-party copyright/intellectual property infringement contained within or arising from your User Submissions, registrations, or shared content;
(d) your unauthorized access, computer misuse, unlawful entry, remaining/staying, or trespass onto our digital domains, servers, virtual spaces, or physical Premises; or
(e) your violation of any applicable law or the rights of any third party.
ROSA QUAY® reserves the absolute right to hold You legally and financially accountable and to actively pursue and recover all direct, indirect, consequential, and reputational damages, administrative expenses, and full legal costs from You in any court or jurisdiction worldwide.

SECTION 15 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date (including, without limitation, intellectual property protections, copyrights and licenses vested in or granted to ROSA QUAY® under Sections 2.5, 3.5, and 4, disclaimers, limitations of liability, governing law, and indemnification obligations) shall survive the termination of this agreement indefinitely for all purposes. These Terms of Service are effective unless and until terminated by either you or us. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of the Governing Policies, we may terminate this agreement and revoke your license to access our Services and Premises at any time without notice, and you will remain liable for all amounts due and all breaches committed up to and including the date of termination.

SECTION 16 - SPLIT GOVERNING LAW, CORPORATE SEPARATENESS, AND JURISDICTION

16.1 British Brand and Intellectual Property Protection (Governed by English Law)
ROSA QUAY® is a British brand. Except as specifically provided in Section 16.2 below with respect to physical merchandise transactions, these Terms of Service, all Governing Policies, and all matters, disputes, or claims (including non-contractual disputes or claims) relating to the access and use of our domains, websites, virtual spaces, brand identity, copyrights, trademarks, garment and artistic designs, visual artworks, User Submissions, and intellectual property rights shall be governed by and construed strictly in accordance with the laws of England and Wales (The United Kingdom), without giving effect to any conflict of law principles. Subject to Section 16.3, the courts of England and Wales shall have exclusive jurisdiction over all intellectual property, brand management, domain access, and digital content disputes.

16.2 Physical Goods and Designated International Fulfillment Affiliate (Applicable Commercial Law and Non-Recourse)
To facilitate global supply chain operations and international distribution, the commercial sale, order fulfillment, inventory allocation, payment processing facilitation, and cross-border dispatch of physical merchandise may be executed by our designated international operations branch / global fulfillment affiliate. Accordingly, all contracts for the sale of physical goods, pricing, payment processing, shipping, risk of loss, returns, fulfillment discrepancies, and merchandise-related claims are entered into strictly with, and shall be governed by and construed in accordance with the applicable commercial laws of the common law jurisdiction in which our designated international operating and fulfillment branch operates, without giving effect to any conflict of law principles. You expressly acknowledge and agree that each entity within our corporate network acts independently; where a merchandise transaction or operational function is carried out by a designated operating or fulfillment affiliate, all resulting contractual obligations and legal liabilities rest solely and exclusively with that specific participating affiliate, without any joint liability or recourse whatsoever to the ROSA QUAY® brand management entity, or any parent, holding, or sister entity.

16.3 Cross-Border Enforcement and Injunctive Relief
In respect of claims strictly concerning physical merchandise sales under Section 16.2, the courts of the jurisdiction in which our designated international fulfillment affiliate operates shall have jurisdiction. Notwithstanding the foregoing provisions of Section 16.1 and 16.2, ROSA QUAY® (and its relevant affiliates) explicitly retains the absolute, unilateral right to bring legal proceedings, seek urgent interim or permanent injunctive relief, or enforce intellectual property protections, anti-trespass measures, debt recovery, and indemnification claims against You in the courts of Your country of residence, Your place of business, or any jurisdiction worldwide where an infringement, trespass, or breach of these Terms occurs or where Your assets are located.

SECTION 17 - GENERAL PROVISIONS, GOVERNING LANGUAGE, AND CLERICAL ERRORS

17.1 Governing Language and Automated Translation Disclaimer
These Terms of Service, all Governing Policies, and the content across our websites, domains, virtual spaces, and physical Premises are originally drafted and authoritative in the English language. While our website or Services may be made available or viewed in multiple languages, any non-English versions are generated via automated translation tools, browser plugins, or AI translation software strictly for your reading convenience. We make no warranty or representation whatsoever regarding the accuracy, completeness, or reliability of any translated version. In the event of any discrepancy, inconsistency, ambiguity, mistranslation, or doubt between the English version and any other language version, the English language version shall unconditionally prevail, govern, and control in all respects.

17.2 Disclaimer of Typographical, Input, and Autocorrect Errors in the English Version
Notwithstanding Section 17.1, You expressly acknowledge and agree that even the authoritative English version of these Terms, the Governing Policies, and any content across the ROSA QUAY® Ecosystem (including product descriptions, material specifications, sizing, pricing, and communications) is not entirely immune to inadvertent human, technical, or mechanical errors of varying degrees—such as typographical mistakes, data-entry omissions, formatting glitches, or unintended word substitutions and alterations caused by automated spell-check, grammar, or autocorrect tools ("Clerical and Autocorrect Errors"). No such Clerical and Autocorrect Error or resulting misunderstanding shall be construed against ROSA QUAY® (the contra proferentem rule is expressly excluded), nor shall it create any binding warranty, representation, windfall right, or contractual obligation on our part. Any text containing an inadvertent error shall be interpreted in good faith in accordance with our true commercial and legal intent, and we reserve the absolute right to correct any such errors, inaccuracies, or omissions, to clarify and enforce our intended meaning, and to cancel or refuse any order or transaction affected by such errors at any time without prior notice or liability.

17.3 Severability
In the event that any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law so as to give maximum effect to the protective intent of ROSA QUAY®, and the unenforceable portion shall be deemed severed from these Terms; such determination shall not affect the validity and enforceability of any other remaining provisions.

17.4 Entire Agreement and No Waiver
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and the Governing Policies posted by us across the Services constitute the entire agreement and understanding between you and us and govern your access to and use of the ROSA QUAY® Ecosystem, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us. Section headings used in this agreement are included for convenience and readability only and shall not limit or otherwise affect the legal interpretation of these Terms.

SECTION 18 - CONTACT INFORMATION

Questions regarding these Terms of Service, intellectual property permissions, or timely fulfillment discrepancy notifications (under Section 9.2) should be directed to our Legal and Legal & Customer Service team at:
Email: info@rosaquay.com
Attention: ROSA QUAY® Legal & Customer Service