1. Background to These Terms of Service

1.1 Please read these terms carefully. Please review these Terms of Service carefully and make sure that you understand them before using the Website and/or placing an Order.

1.2 Legally binding. These Terms of Service constitute a legally binding agreement between you and Blade and Rose.

1.3 Acceptance. By accessing this Website or purchasing any Products, you agree to be bound by these Terms of Service. If you do not accept these Terms of Service, you are not permitted to use the Website nor purchase any Products, and you should cease using the Website immediately.

1.4 Consumers only. The Products and other services offered on this Website are for consumers only – they are only to be used for non-commercial, non-business, private purposes by consumers. By accepting these Terms of Service, you promise to us that you are a consumer and not acting in the course of a business.

1.5 Termination. Blade and Rose may change or discontinue the availability of the Website and at any time without prior notice.

2. Definitions

When we use certain capitalised words in these Terms of Service, they have the specific meaning outlined either in this Section 2 or in the sentence where that term is defined. you will be able to spot definitions by looking out for terms that look like this: (“Defined Term”).

2.1 “Account” means your account on the Website, which is created when you register with us by completing the registration process on the Website.

2.2 “Order” means your order for the purchase of Products from us that you place via the Website. All derivatives of the word “Order” (such as “Ordered”) should be understood in the context outlined in this definition.

2.3 “Products” means the goods offered by us via the Website from time to time.

2.4 “Terms of Service” means the terms and conditions set out on this page.

2.5 “Website” means www.bladeandrose.co.uk (including its subdomains), and any other associated interfaces, applications or website owned or operated by or Blade and Rose from time to time.

2.6 “you” and “your” means an end-user of the Website.

3. Our Right to Vary These Terms of Service

3.1 Changes to these Terms of Service. From to time to time, we may make changes to these Terms of Service. If we do so, we will: (i) post those changes in an updated version of these Terms of Service on the Website; and (ii) where we consider the changes will materially or adversely affect you or your rights, we will notify you of such changes via email (where possible).

The latest version of these Terms of Service applies. Your use of the Website will always be subject to the latest version of these Terms of Service, which you can find at any time on this page. It is your responsibility to check this page periodically for changes.

4. Information About Blade and Rose and our Contact Details

4.1 Who we are. This Website is operated by Blade and Rose Limited, a company incorporated and registered in England with company number 10159378 whose registered office is at Unit 7, Kendal fell Business Park, Underbarrow Road, Kendal LA9 5RR In these Terms of Service, “Blade and Rose”, “we”, “our” and “us” are all references to Blade and Rose Limited.

4.2 How to contact us. You can contact us by writing to: hello@bladeandrose.co.uk.

4.3 How we may contact you. If we have to contact you, we may do so by email to the address you provided when you went through the checkout process on the Website or that is registered on your Account from time to time.

5. Placing Orders

5.1 Ordering via the Website. We operate the Website as an e-commerce site, on which we make Products available for purchase by customers. The Website allows you to:

(a) make Orders to pay for Products through the Website; and

(b) have the Product(s) delivered to the address you specify.

5.2 Terms of Sale. Our Terms of Sale apply any time you place an Order on our Website.

Shopify. Our online store is hosted by Shopify, who provide us with the online e-commerce platform that allows us to sell our Products to you. Your purchase of Products on the Website may be subject to additional terms and conditions which will be notified to you by Shopify at the time of checkout, as relevant.

6. Accounts

6.1 Account creation. Although you can go through the order process as a guest, you may choose to register for an Account. In that case, you will have to provide certain information about Yourself as prompted during the account registration process on the Website.

6.2 Accurate and up-to-date information. If you do create an Account, all the registration information you submit should be truthful and accurate. If, for any reason, any information you submit is or becomes untruthful, inaccurate and/or incomplete, you should update that information to maintain its accuracy.

6.3 Deleting your Account. You can ask us to delete your Account at any time, for any reason, in accordance with our Privacy Policy. Please contact us if you wish to do so.

6.4 You are responsible for your Account. You are responsible for maintaining the confidentiality of your Account log-in information (including, for example, your password).

6.5 Unauthorised use of your Account. You should notify us immediately if you suspect or become aware of any unauthorised use of your Account or any other breach of its security.

7. Privacy Policy
Our policies and procedures relating to our use of your ‘personal data’ are outlined in our Privacy Policy.

8. Your Conduct

8.1 No harmful material. By downloading and/or using the Website, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website.

8.2 Keep your details confidential. You agree and undertake to keep the username and password for your Account confidential, not to disclose your password to any other person, and not to permit any other person to log in to the Website using your username and password.

8.3 No interference. You agree not to interfere with the servers or networks connected to the Website, or otherwise jeopardise the correct functioning of the Website.

8.4 Other restrictions. You agree not to:

(a) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;

(b) attempt to gain access to secured portions of the Website to which you do not possess access rights;

(c) impersonate any other person while using the Website;

(d) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;

(e) resell or export the software associated with the Website;

(f) use the Website for any illegal purposes;

(g) use the Website to generate unsolicited advertisements or spam; or

(h) use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.

9. Restrictions

In providing you with access to the Website and permitting you to placing Orders for Products via the Website, Blade and Rose reserves the following rights (and in accessing, browsing or otherwise using the Website and/or placing any Order via the Website, you agree that Blade and Rose shall have the following rights):

(a) the right to refuse or withdraw your access to the Website in accordance with applicable laws (with or without notice) if we judge that you to have violated or breached any of these Terms of Service;

(b) the right to remove or amend any Products from the Website without giving you notice or any reason;

(c) the right to amend or update the Website, prices of any Products, and available payment methods from time to time; and

(d) the right to report you to the police or other judicial body if we believe in our sole and absolute discretion that your conduct (whether in using the Website, placing an Order for any Products or otherwise) is or may be unlawful.

10. Intellectual Property

10.1 Licence. Subject to these Terms of Service (in particular, the restrictions outlined in the following section), Blade and Rose grants you a licence to use and access the Website on the basis that this licence is:

(a) not a commercial licence – you can only access and use the Website for your own personal, non-commercial uses (i.e., not for any business purposes);

(b) non-transferable – you can’t pass this right to someone else;

(c) non-exclusive – other people can access and use the Website;

(d) revocable – we have the right to remove your ability to use the Website; and

(e) limited – the licence does not extend beyond what has just been described above.

10.2 Ownership. Blade and Rose and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, and content made available through the Website.

10.3 Termination of licence. Any unauthorised use of the Website will result in the automatic termination of the limited licence granted by us above. we reserve the right to terminate the limited license without notice at any time following an unauthorised use by you of the Website.

10.4 All rights reserved. All trade marks, logos, trade dress, service names and service marks (“Marks”) displayed on the Website are Blade and Rose property or the property of certain other third parties. you are not permitted to use these Marks without our prior written consent or the consent of such third party as may own the relevant Marks.

11. Your Content

11.1 Feedback and reviews. If, at any time, you send to us any feedback, reviews, creative ideas, suggestions, proposals, plans or other materials, whether through the Website, via email, by postal mail or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such content without any compensation to you.

11.2 Publishing your reviews. In particular, by submitting any feedback or reviews to us, you agree that we may publish such feedback or reviews on our Website, on Product-specific pages and/or on advertising content displayed on third party sites, without seeking your prior consent. Where we do so, we may attribute your feedback or review to your first name, but will always ensure that you are not identified by your full name or any other identifiers.

12. Our Liability

12.1 We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Service, we are only responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms of Service or failing to act with reasonable care and skill. we are not responsible for any loss or damage that is not a foreseeable result of our breaching these Terms of Service or failing to act with reasonable care and skill. we are not responsible for any loss or damage that is not foreseeable.

12.2 What we do not exclude. Nothing in these Terms of Service shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;

(b) fraud or fraudulent misrepresentation;

(c) your key legal rights as a consumer in connection with your purchase of Products; and

(d) any other liability that cannot be excluded or limited by applicable law.

12.3 We are not liable for business losses. This Website and the Products are only for domestic and private use. If you use the Products for any commercial, business or re sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.4 Do not rely on information available on our Website. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

12.5 We are not liable for events outside our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission accident or Act of God beyond our reasonable control. our performance of our obligations under these Terms of Service is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. we will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms of Service may be performed despite the Force Majeure Event.

12.6 We are not liable for Product unavailability. In case of unavailability of Products before or after you place an Order, we will not be liable for any loss you suffer nor liable to you for any damages as a result of the unavailability of such Product(s), to the fullest extent permitted by law. We also reserve the right to limit the sales of certain Products to specific countries or regions.

12.7 Website provided ‘as is’ and ‘as available’. We provide the Website to you ‘as is’. To the fullest extent that we are permitted to do so, we disclaims any implied terms as to title, merchantability, fitness for a particular purpose and non-infringement to the extent permissible under applicable law. In particular, we do not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free.

12.8 Your indemnification. To the fullest extent permitted by applicable law, you agree to indemnify us, defend us and hold us harmless against any claim or demand by any third party resulting from, or arising out of, your breach of these Terms of Service.

13. General

13.1 We are not responsible for websites we link to. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

13.2 Disputes. These Terms of Service are governed by English law and we both agree to submit to the non exclusive jurisdiction of the English courts. If you are a resident of a country in the European Economic Area (EEA), you may bring a claim to enforce your consumer protection rights in connection with these Terms of Service in England or in the EEA country in which you live.

13.3 Nobody else has any rights under these Terms of Service. These Terms of Service are between you and us, and no other person shall have any rights to enforce any of the relevant terms.

13.4 Even if we delay enforcing our rights under these Terms of Service, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms of Service, or if we delay in taking steps against you in respect of your breaching these Terms of Service, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

13.5 If a court finds part of these Terms of Service illegal, the rest will continue in force. Each of the sections of these Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.

13.6 Blade and Rose may transfer its rights under these Terms of Service to someone else. Blade and Rose may transfer its rights and obligations under these Terms of Service to another organisation – for example, this could include another member of Blade and Rose group of companies or someone who buys its business. we will take reasonable steps to ensure that any such transfer does not affect your rights under these Terms of Service.

13.7 Personal agreement. The agreement formed under these Terms of Service is personal to you, and you cannot transfer any of your rights under them to any other person without our prior express written consent.

13.8 Email counts as ‘in writing’. When we use the words “writing” or “written” in these Terms of Service, this includes emails. For contractual purposes, you: (a) consent to receiving communications from us by email; and (b) agree that all communications that we provide to you by email satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.

Mobile Program Terms of ServiceBlade & Rose LtdMobile Message Service Terms and ConditionsLast updated: November 2021The Blade & Rose Ltd mobile message service (the "Service") is operated by Blade & Rose Ltd (“Blade & Rose Ltd” , “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.By consenting to Blade & Rose’s SMS/text messaging service, you agree to receive recurring SMS/text messages with service-related and promotional messages, including promotions, specials, and other marketing offers from and on behalf of Blade & Rose Ltd via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology.You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Blade & Rose Ltd. Your participation in this program is completely voluntary.We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.You may opt-out of the Service at any time. Click the unsubscribe link in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Blade & Rose Ltd mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, textHELPtoBladeRoseor email hello@bladeandrose.co.uk.Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including cancelling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any Unsubscribe requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you Klaviyo or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in kendal, before one arbitrator.The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Blade & Rose UK’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Noticehere.