Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Rose Tree. The collective work includes works that are licensed to Rose Tree. Copyright 2003, Rose Tree ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Rose Tree or purchasing Rose Tree products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Rose Tree or to purchase Rose Tree products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Rose Tree. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Rose Tree used in the site are trademarks or registered trademarks of Rose Tree


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Rose Tree disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Rose Tree does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Rose Tree does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Rose Tree shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Rose Tree has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Rose Tree product is mistakenly listed at an incorrect price, Rose Tree reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Rose Tree reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Rose Tree shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Rose Tree without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Rose Tree may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Rose Tree.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Rose Tree products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Rose Tree products) must be commenced within one (1) year after the claim or cause of action arises. Rose Tree's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Rose Tree may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Rose Tree or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Rose Tree does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Rose Tree is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Rose Tree reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Rose Tree in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Rose Tree, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Rose Tree may link to sites operated by third parties. However, even if the third party is affiliated with Rose Tree, Rose Tree has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Rose Tree. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Rose Tree seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


Shipping & Delivery
All shipments are delivered via UPS with shipping charges based on the total weight of each order.
In stock merchandise is shipped out in 7-10 business days, Monday through Friday.
Backorders and temporary out of stock items can occur. Backorder items will take 6-8 weeks to manufacture.
Shipping rates are for a 48 state delivery. We do not ship to Alaska, Hawaii or Canada.
UPS guidelines require a physical address. Delivery is not available for P. O. Boxes.
Fabric orders will be shipped folded in a box, not on a bolt. This is the only way we can ship cut fabric.


Order Processing and Payments
We accept Visa, Mastercard, Discover and American Express as payment for your order. Our website accepts your order, but it does not automatically charge the order to your credit card until availability of the ordered items has been verified. You will receive a order confirmation by email at the time of placement.
Once the order has been placed, we manually check our stock to see if all the items you want are in stock, on backorder, or have to be manufactured or shipped from one of our two warehouses in the USA. Once we have verified the availability of your item(s), we will process your credit card charge and ship your order. You will receive follow-up emails from us, indicating that your credit card has been charged, and a shipping notice with shipment tracking information once your order has been shipped.
Although you can shop as a Guest (without registering), we recommend that you create a user account and password to shop easily from our website. If you have an account, you will be able to check the status of your order. Once your order has been shipped, the tracking information from FedEx or UPS is added to your user account for you to view and track your purchase online.
If you have any questions, please send us a message or call us at (214)637-0010 Monday thru Friday 9am-330pm(CST)


Returns & Exchanges
Rose Tree accepts new and unused online purchases within 30 days from the date of shipment. This excludes cut fabric, trims and clearance items which are all final sale.
All returned items must be in their original condition and packaging. All returns and exchanges are subject to approval.
Refunds will be issued within 30 days of the return, less the original shipping charge.
All Clearance items and cut fabric yardage are FINAL SALE. No returns or exchanges will be accepted. Fabric will be shipped folded in a box, not rolled on a bolt.
This policy applies only to Rose Tree online retail purchases made at www.rose-tree.com, and is not applicable to items bought from other retailers. If you purchased one of our items from any other retailer and have an issue , please take the item with your receipt back to the original retailer, so they can correct your purchase.