Terms and Conditions

These terms and conditions, including the Privacy Policy included herein, (“Conditions”) are for Roseate Inc. (“Roseate”) and its website at www.roseatejewelry.com.  By using our website, you agree to these Conditions.  Please read them carefully and if you do not wish to be bound by them, please do not access the site.  We may change the Conditions from time to time by posting revised terms on this website without affirmative notice to you.  You must check these Conditions for changes, which become effective when posted.  If you use the site after a change is published on the site, then you will be bound by those changes.

Website Content

The website and all its content, including all text, icons, graphics, images, logos, audio clips, downloads, interfaces, code and software, designs, etc., are the exclusive property of and owned by Roseate, its licensors, and content providers, and are protected by applicable law.  You may access, copy, use, download, print, and store our website content for your own personal, non-commercial purposes only, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download, print or store. Nothing on the site will grant or shall be construed to grant, any license or right to use.  You and third parties acting on your behalf may not use, any website content, metatags, “hidden text”, logos, images, trademark, service mark, or other proprietary marks without the prior written permission of Roseate.  Such prohibition includes the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products, or services obtained from the site, or use of the site for purposes competitive to Roseate. 

Consistent with these prohibitions against commercial use, you may not frame this site, use framing techniques or similar technology to enclose any content on the site, or cause to appear any pop-up content, exit windows, expanding buttons, banners, or any advertisement that interferes with the full display of our site. More generally, you may not use any hardware or software intended to damage or interfere with the proper working of the site, to surreptitiously intercept any system, data, or personal information from the site, or to use any contact information provided on the site for unauthorized purposes, including marketing. This site and all of its content, including but not limited to text, design, graphics, interfaces, and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries. 

Roseate is committed to updating the site with current and accurate content, prices, discounts, chat, email addresses, and telephone numbers.  But we do not warrant that any information on the site is correct, complete, or up to date. Errors in site content are not binding on Roseate and we may adjust them at any time. If an order is placed at a price lower than the actual price we will, at our discretion, notify the customer before shipping or cancel the order and notify the customer of the cancellation.  The sole remedy for a customer acting on incorrect information on the website is to request cancellation of the order subject to that incorrect information. If a product has shipped based on incorrect website information, then, consistent with our Return Policy, the customer agrees to either return the product for full credit or pay the difference between the actual and charged prices.  We are sorry for any errors or cancellations and for any difficulties this causes our customers.  

Product Availability, Representation, and Quality

Roseate is committed to providing our customers with the fullest practical inventory of products. The stock availability indicated on our website is “as is” and subject to change based on the practical realities of sourcing products and bringing them to market. When you enter your payment information to purchase a product, you authorize us and your third-party payment processor to charge the amount of the order to your selected payment method.  You may place an order but your order may be out of stock. In that case, your order may be subsequently canceled because of the unavailability of the product. If a product on order is out of stock, we will also endeavor to contact our customers promptly and offer options.  You acknowledge and agree that some products sell quickly and there may be a period after your order is submitted when the product is not available. You agree that we may cancel your order without penalty because of product unavailability. 

Because of variations in computer monitor settings, photography techniques, and other factors common in e-commerce, product for sale may appear on the website smaller, larger, or with reasonable color or appearance variation from the actual item. In particular, items may be represented larger than the actual size to clearly show details, or smaller than the actual size to show the entire item. We are committed to high-quality product representation on our website, however, the stock available on our website is presented “as is”.  Roseate does not permit the purchase of multiple pieces for comparison with the customer keeping a preferred item while returning the rest. 

Roseate holds full and unrestricted rights to all our jewelry designs. Consistent with FTC regulations and best industry practices, carat total weight may vary by .05 carats from the stated weight, while items with multiple diamonds have a minimum total carat weight for the piece, subject to variance.   Color and clarity grades are stated as average or minimum depending on the number of diamonds in a piece.  If stated as a minimum, then all diamonds in the piece will be at or above the stated quality. If stated as average, then collectively the quality is equal to or will exceed the stated grade. Gemstones and pearl measurements may have a .25 mm size tolerance.

Roseate diamonds may be lab created or naturally sourced if the sourcing location and practices are acceptable at our sole discretion. Our marine pearls are farmed by select producers.  Colored stones may be lab-grown or naturally sourced if the sourcing location and practices are acceptable at our sole discretion.  Materials are sourced to provide customers with transparent information about the materials and ingredients comprising their jewelry.  Precious material source information is provided by the vendors that produce these items without express or implied warranty from Roseate about the accuracy of vendor information received and represented by us in good faith and with reasonable cause to believe the accuracy of that information including GIA certification that may or may not be provided with your purchase depending on the source. Similarly, our representations about gemstone origin, recycled precious metals, and estate information, are made to the best of Roseate’s knowledge and reasonable belief based on source provider representation and without guarantee or warranty by Roseate.  

As part of some promotions, there may be complimentary gifts offered by Roseate.  Complimentary gifts will not be replaced, returned for refund, or exchanged.  Complimentary gifts are not covered by our warranty and will not be repaired by Roseate.  

Accounts, Order Acceptance, and Delivery

Please keep your online Roseate account information safe and secure.  When you use the Roseate site or register for an account on our site, you are agreeing to provide true, accurate, current, and complete information about yourself. You also agree you are solely responsible for keeping the confidentiality of your account and responsibly restricting access. You are further responsible for all activities  (including all statements made, and any acts or omissions that occur) on your personal computer with the account password you chose to create.  If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Roseate immediately. Roseate reserves the right, in our sole discretion, to refuse service, terminate user accounts, or remove, change, or cancel orders. Termination of your access or use will not waive or affect any other right or relief to which Roseate may be entitled at law or in equity. If a customer files a chargeback, Roseate may recover direct and indirect costs and cancel promotional offers, free shipping, or other benefits. 

We ask for reasonable understanding from our customers in our order and delivery processes. An order confirmation message from Roseate confirms only that your request has been duly received. Customer orders must be processed and approved by headquarters before they are formally accepted by Roseate. Roseate reserves the right to cancel products or services to any customer for any reason at any time. The customer’s only remedy for canceled products or services will be a full refund.  The title for goods purchased from Roseate passes from Roseate to the purchaser or the purchaser's explicitly named designee upon dispatch to the purchaser via a qualified common carrier. 

Third-Party Content, Promotions, and Ads 

Roseate may feature content, features, and functions on the site that are owned and operated by third parties.  In addition, Roseate may feature promotions and advertisements from third parties on our website based on their composition. Your use of and interaction with such content, features, functionality, promotions, and advertisements may be subject to separate terms and conditions. In that event, you acknowledge that these Conditions will not apply to your use of such third-party content and you will be subject to and comply with the terms offered by the third-party content providers. Roseate is not responsible or otherwise liable for third-party content or the acts or omissions of third-party providers or any loss, damage, or liability occurring to you because of your dealings with these third parties.  

Our site may also contain links to other websites operated by third parties, some of which are operated by Roseate’s affiliates including Tiary. com. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. Roseate has not necessarily reviewed all the information on those other sites and is not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. The inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Roseate is not responsible for any losses, damages, or other liabilities incurred as a result of your use of any linked sites.

Consistent with our Privacy Policy that is incorporated by reference here, you are solely responsible for any use of Interactive Areas, social media accounts, discussion forums, or other services in which you or a third party may create, post, or store content, materials, messages, or other items on our website or social media accounts.

Roseate disclaims responsibility and assumes no liability for user content posted, stored, or uploaded by you or any third party for any loss or damage, nor will Roseate be liable for defamation, slander, libel, mistakes, omissions, falsehoods, obscenity, pornography, violation of privacy that you may encounter as a result of the posting of the user or third party user content on Roseate’s website or related Interactive Areas.  Roseate reserves the right and retains sole discretion to remove, edit, or screen any user content posted or stored on our website at any time for any reason without notice and you are solely responsible for creating backup copies and replacing them at your sole expense any content you post or store on our website. Any use of our website or Interactive Areas in violation of these Conditions may result in suspension or termination of your rights to use the website and related Interactive Areas. Nothing in these Conditions is intended to or will be deemed to confer upon any other person or entity any right, benefit, or remedy of any nature by these Conditions. 

Privacy Matters 

We respect customer privacy.  Please refer to our Privacy Policy for detailed information on privacy issues.  

User Content, Social Media, Feedback, and Submissions

Social media and communications are vital to a community of discourse about products, issues, and views. Roseate may reach out to social media users and ask for their permission to feature content on their site, social channels, or promotional materials. Roseate may also request content including photos, text, graphics, audio, video, comments, and other materials in connection with our business, promotion, and customer affairs efforts.  Once you reply to a request for Roseate to use your social media user content you are granting Roseate and its related agents and affiliates a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable, sublicensable right to use your social media user content in any manner in any media now or hereafter known.  Roseate and its agents may use, display, reproduce, distribute, edit, combine with other work, and create derivative work from your social media user content in any manner with no obligation for recognition or compensation to you.  In connection with the use of your social media, you agree Roseate has the right to use your user name, real image, image, description, likeness, location, voice, and identifying information in connection with the use of your social media content.  You are representing, warranting, and agreeing that you are solely responsible for your social media user content, you own all the rights or have obtained rights and permissions, that you are not a minor, and that the use of your social media content will not violate the rights of others, including copyright, trademark, patent, trade secret, privacy, proprietary, or any law rule or regulation and will not libel, defame, abuse others or constitute obscenity, pornography, or hate speech. Roseate’s logo and any other product or service name or slogan on the Website is a trademark of Roseate and may not be copied, imitated, or used in whole or part without prior written permission of Roseate or the applicable trademark holder.

The social media user content you submit is deemed non-confidential and may be disclosed or transferred to servers located outside the country so that we may process that information.  You agree to the collection, transfer, use, and process of your information.  Roseate and its agent may remove any social media content from the Roseate site.  Please contact Roseate if you believe any content on the site violates any copyright or protected right.

You may provide feedback, comments, submissions, questions, ideas, plans, or creative input regarding the Website, your website experience, and our products and services. You acknowledge and agree that these and similar material you may provide are not confidential and upon submission become the sole property of Roseate.  Roseate will have all intellectual property rights to this feedback and these submissions and may use them in an unrestricted manner without acknowledgment or compensation to you.  You grant Roseate the right to use the name that you submit in connection with such content.  You represent and warrant that you own and control the rights to the content you submit and that the content is accurate and not misleading and does not violate any rights or cause injury to any person or entity.

Content submitted to the Roseate Website, social media accounts, and Interactive Areas may include product reviews, discussions, interactive user-generated content, etc. This content must be subject to safeguards and considerations. By using these interactive media sites you are solely responsible for your content and conduct.  You agree not to post, upload, store, transmit, distribute or otherwise publish through our website any indecent, lewd, threatening, harassing, abusive, fraudulent, invasive, illegal, or otherwise objectionable content, or content that encourages illegality by example or suggestion, that violates the rights of other parties and would create liability under any local, state, national, or international law, or that infringes on any patent, trademark, trade secret, copyright, or other intellectual property rights, wrongly impersonates any person or entity, or misrepresents your affiliation with a person or entity, campaign for political matters, exposes and publicizes the private phone numbers, social security numbers, credit cards or addresses of others, or that in the sole judgment of Roseate is objectionable or restricts or inhibits the rights of others or their use and enjoyment of the interactive space or our website, or that may expose Roseate or its users to harm, distress, or liability.  Users provide content and utilize our website at their own risk.  Roseate does not warrant that the site, its servers, or its electronic communications are accurate, complete, current, reliable, or free of viruses or other harmful components.  Roseate is not liable for any statements, representations, or user content in any public forum or interactive area, the loss of any data placed there, or any viruses or harm that may result from use.   

Limitation of Liability

Roseate and its directors, employees, members, affiliates, or agents will not be liable for the use of its website by others or in any way connected with or resulting from the use of our site, the services, the products, and the content contained on the site including any error or omission about the origin of materials even if Roseate is expressly advised of the possibility of such damages, and even if the expense, damage, or loss was caused by Roseate, its employees or affiliates or agents. Notwithstanding the foregoing, should liability be finally determined by a court of competent jurisdiction, in no event shall Roseate’s liability be greater than the price you paid for the service or product that forms the basis of the claim.  You agree to indemnify and defend and otherwise hold harmless Roseate, its employees, and affiliates against all claims, damages, losses, expenses, and liability arising from your breach of these conditions or your access and use or inability to use the Roseate site.  Links or connections we may make on the site to other Internet sites or services that may be operated by third parties, including Roseate’s vendors, are not endorsements, approval, or sponsorship of the content, practices, policies, or accuracy of those sites.

The laws of the State of New York govern these Conditions and your use of the website, and you irrevocably consent to the exclusive jurisdiction of the courts located in the County of New York for any action arising out of or relating to these Conditions or use of this website. We recognize that you can obtain access to this website from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of New York and the United States. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

These Conditions and the agreement formed by them, and any other policies or operating rules posted on this site, constitute the entire agreement and understanding between you and Roseate concerning the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties concerning such subject matter. A printed version of these Conditions shall be admissible in judicial or administrative proceedings based on or relating to the use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  If any provision of this agreement is determined to be unlawful, void, or unenforceable, the remaining provisions of the agreement will continue to be fully valid, binding, and enforceable.

Termination and Miscellaneous

Nothing in these Conditions to the contrary, Roseate reserves the right to terminate your license to use the site without notice to you and in Roseate’s sole discretion, or to block or prevent your further access to the site. Termination of your access or use will not waive or affect any other right or relief to which Roseate may be entitled at law or in equity. These Conditions constitute the entire understanding between you and Roseate superseding all prior agreements and understanding. Roseate’s failure at any time to enforce any of these provisions in the Conditions will not be deemed a waiver of such provisions or will not in any way affect Roseate’s right to enforce each provision.  If any provision of these Conditions is declared invalided or unenforceable, that provision will be deemed severable from the remaining provisions which will remain in full force and effect.  We welcome your questions about these Conditions through our contacts link.