Terms of service

Last Updated: 3 October 2023

To see the previous version of the this Terms of Use Agreement click here.

Please read this Terms of Use Agreement (“TOU Agreement”) carefully. This TOU Agreement between Rothy's Inc (“Rothy’s”, “we”, “us”, or “our”) and the user (“you” or “User”) governs: (i) the use of our website, https://rothys.com/en-de (“Website”); (ii) the services and resources available or enabled via our Website (the “Services”); (ii) the sale and purchase of Products (as defined below) ordered on our Website; and (iii) all content, including, designs, graphics, text, photographs, illustrations, icons, multimedia, and other material that you see or read, and all related code available or enabled via our Website (collectively, “Our Content”).  Collectively the Website and Our Content are “Our Properties.”

We work with a third party fulfilment partner called Global-e. Global-e is the official merchant of record in relation to all sales and transactions made via the Site and they also handle order, fulfilment, delivery and refunds in the event of a return. Accordingly, you are buying our Products from Global-e under their terms of sale here, which terms of sale are incorporated into this TOU Agreement by reference. Given Global-e’s role as our fulfilment partner of our Products, references to “we” or “us” or “our” in this TOU Agreement may be to Global-e, instead of Rothy’s, where necessary.

This TOU Agreement applies to all users visiting, accessing, using Our Properties or purchasing any of the Products offered on the Website (the “Products”). By clicking the “I accept” button, making a purchase, or browsing our Website, you confirm that: (1) you have read, understand, and agree to be bound by this TOU Agreement, (2) you are of legal age to form a binding contract with Rothy’s, and (3) you have the authority to enter into the TOU Agreement personally or on behalf of the company you named as the User, and to bind that company to the TOU Agreement. For clarity, the term “you” refers to the individual or legal entity, as applicable, identified as the User when you registered on the Website. If you do not agree to be bound by this TOU Agreement, you may not access or use Our Properties or purchase our Products from the Website.

Changes to this TOU Agreement:

This TOU Agreement is subject to change by us in our sole discretion at any time, although no such change will affect any order you have already placed with us. Please regularly check our Website to view the then-current TOU Agreement. When we make changes, we will make a new copy of the TOU Agreement available on the Website and update the ‘Last Updated’ date at the top of this TOU Agreement. Any changes to this TOU Agreement will be effective immediately for new users of Our Properties and will be effective thirty (30) days after posting notice of such changes on our Website for existing users. Rothy’s may require you to provide consent to the updated TOU Agreement in a specified manner before we permit further use of Our Properties. If you do not agree to any change(s), you shall stop using Our Properties. Otherwise, your continued use of any of Our Properties constitutes your acceptance of such change(s).

1. Questions & Concerns

If you have questions, complaints, or claims with respect to this TOU Agreement, Our Properties and/or any Products purchased via the Website, please contact us at the physical address or email address below. We will do our best to address your concerns. If you feel your concerns were not addressed completely, we invite you to let us know for further investigation.

Mail:
Rothy's Inc.
901 Battery Street, 3rd Floor,
San Francisco, CA 94111 USA

ATTN: Customer Support

Email: help@rothys.com

UK VAT number: GB320510758

UK Customer Support: 0800 031 8181

Please see our Privacy Policy for information on the manner in which we collect, use, disclose and otherwise manage your personal information.

2. Supply of Products

Our Properties allow users to browse, view, choose, and purchase various products (“Products”) on our Website. We provide Our Content to complement our Products, and all Our Content is provided for informational purposes only. We may, in our sole discretion, change, delete, update, modify or otherwise alter Products and Our Content at any time without providing you notice, and, in addition, we may change the pricing, and availability of Products in our sole discretion at any time without providing you notice, but price changes will not affect orders in respect of which we have already sent you an Order Confirmation (as defined on Global-e's terms of sale). All photos, videos, and other images of Products on our Website are for illustrative purposes only. The actual Product may vary from that shown on our Website. We make reasonable efforts to accurately display the attributes of our Products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. The inclusion of Products on our Website at any time does not guarantee that these Products will be available for purchase. Our current prices can be found on the Website.

3. Ownership

You agree that Rothy’s and its suppliers own all rights, title and interest in Our Properties (including, without limitation, the features and functionality of our Website, and server software).

3.1 Copyright

Our Properties are protected by copyright and other intellectual property laws throughout the world. We may display copyrighted materials from various individuals and entities, and if copyright notices for such materials are required, they are set forth wherever such licensed material appears on Our Properties.

3.2 Trademarks

Rothy’s stylised name and all related graphics, logos, service marks, and trade names used on or in connection with Our Properties (the “Rothy’s Marks”) are our trademarks and may not be used in connection with any third-party products or services without our prior written permission. Other trademarks, service marks, and trade names that may appear on Our Properties are the property of their respective owners.

3.3 License

We grant you a limited, revocable, non-exclusive, non-transferable, non-assignable (except pursuant to Section 21.2 (Assignment)), non-commercial license to browse, access and view any of Our Properties made available to our users.

4. Updates

You understand that Our Properties are evolving.  As a result, you acknowledge and agree that we may update Our Properties from time to time, and your continued use of or access to Our Properties will be deemed to be acceptance of Our Properties as updated.  You may need to update third-party software from time to time to use Our Properties.

5. Certain Restrictions

The rights granted to you in this TOU Agreement are subject to the following restrictions:

  • You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Our Properties or any portion of Our Properties, including the Website;
  • Except as expressly stated herein, you shall not copy, modify, reproduce, distribute, republish, download, display, post, repost, or transmit, in any forms or by any means, any part of Our Properties;
  • You shall not remove or destroy any copyright, trademark, service mark, or other proprietary rights notices or markings contained on or in Our Properties;
  • You shall not frame or use framing techniques to enclose any of Our Properties, including any trademark or logo, (including images, text, page layout or form);
  • You shall not use any metatags or other “hidden text” using Rothy’s Marks;
  • You shall not modify, translate, adapt, merge, or make derivative works of any part of Our Properties; and
  • You shall not use any manual or automated software, devices or other processes (including spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials).

Any future update or other addition to Our Properties shall be subject to this TOU Agreement. Rothy’s and its suppliers and service providers reserve all rights not granted in this TOU Agreement. Any unauthorised use of Our Properties terminates the licenses granted by Rothy’s within this TOU Agreement.

6. Registering your Account

To access certain features of Our Properties you must be a user who has a registered customer account (“Account”) on our Website (“Registered User”). Registered Users may view their order history, shipping address, status of purchased Products, and other relevant information to their purchases within their Accounts. Unless expressly agreed to by us in writing elsewhere, we have no obligation to store any information that is available on your Account or elsewhere on Our Properties.

6.1 Registration Process

You may create an Account by visiting our Website and clicking the “sign in” button or by visiting https://rothys.com/en-de/account/register.  There, you must enter the information requested, such as your first and last name, email address and password.  Once you enter the requested information and click “submit,” we will send an email to the email address you listed, via our third-party vendor to verify your email address and activate your Account.  Upon activation of your Account, we will send you another email via our third-party vendor to confirm the creation of your Account.

6.2 Registration Data

In registering an Account on our Website:

  • You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
  • You represent that you are at least eighteen (18) years old and of legal age to form a binding contract; and not a person barred from using Our Properties under the laws of England, your place of residence, or any other applicable jurisdiction.
  • You are responsible for all activities that occur under your Account.
  • You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Our Properties by minors.
  • You agree that you will not maintain more than one Account at any given time.
  • You agree not to share your Account or password with anyone, and you agree to notify us immediately of any unauthorised use of your password or any other breach of security.
  • You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.
  • You will not create or use an Account for purposes of reselling Products or for any other unauthorised commercial purpose.
  • You agree not to create any Account or use Our Properties if we previously banned or refused you from using any of Our Properties.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of Our Properties (or any portion thereof).

7. User Content

7.1 Types of Content

You and other users may be able to make available files, materials, data, text, audio, video, images, or other content (“User Content”) on Our Properties.  You acknowledge that the user who makes available the User Content, and not Rothy’s, has sole responsibility for it.  That means you, and not Rothy’s, are entirely responsible for User Content you upload, post, message, or otherwise make available (“Make Available”) on Our Properties (“Your Content”).

7.2 No Obligation to Pre-Screen Content

You acknowledge that we have no obligation to pre-screen Our Content or User Content (collectively, “Content”), but we reserve the right, in our sole discretion, to pre-screen, refuse, edit, or remove any Content.  In the event that we pre-screen, refuse or remove any Content, you acknowledge that we will do so for our benefit and not yours.  Without limiting the foregoing, we shall have the right to remove any User Content that violates this TOU Agreement or is otherwise objectionable.

7.3 You Own Your Content

We do not claim ownership of Your Content. But, when you (as a user) upload, post, publish, or otherwise make available Your Content on Our Properties you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue from, and communicate to the public, perform and display Your Content, and all portions thereof, and to incorporate it in other works in any form, media or technology now known or later developed, for the full term of all worldwide intellectual property rights that may exist in Your Content.

7.4 Your Feedback

You agree that submission of any ideas, suggestions, documents, and/or proposals to us through our suggestion, feedback, wiki, forum or similar pages on our Website (“Feedback”) is at your own risk and that Rothy’s has no obligations (including obligations of confidentiality) with respect to such Feedback. You confirm to us that you have all rights necessary to submit the Feedback.

7.5 License to Your Content and Feedback

You hereby grant Rothy’s a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, sublicense, distribute, reproduce, modify, adapt, publicly perform, publicly display, re-format, and otherwise commercially or non-commercially exploit in any manner any and all of Your Content and Feedback, and any portions thereof, for the purposes of operating, maintaining, providing, and enhancing Our Properties. You hereby waive and agree not to assert your moral rights in connection with Your Content and Feedback. Please note that users may search for, see, use, modify, and reproduce any of Your Content or Feedback that you submit in a non-private or “public” area of Our Properties.

8. Your Conduct

As a condition of your use of Our Properties, you agree not to use Our Properties for any purpose that this TOU Agreement or applicable law prohibits. You shall not (and you shall not permit any third party to) take any action that:

  • Infringes any intellectual property right, right of publicity or other right of any person or entity;
  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
  • Constitutes unauthorised or unsolicited advertising, junk or bulk email;
  • Involves commercial activities and/or sales without our prior written consent (e.g. contests);
  • Impersonates any person or entity, including employees or representatives of Rothy’s;
  • Interferes with or attempts to interfere with the proper functioning of Our Properties or uses Our Properties in a way not expressly permitted by this TOU Agreement; or
  • Engages in or attempts to engage in any potentially harmful acts that are directed against Our Properties, including violating (or attempting to violate) any security features, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Our Properties, introducing viruses, worms, or similar harmful code into Our Properties, or interfering or attempting to interfere with the use of Our Properties by another use, host, or network.

9. Investigations

We may, but are not obligated to, monitor or review Our Properties at any time. If we become aware of any possible violations by you of this TOU Agreement, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your right to use Our Properties, without prior notice to you.

10. Orders

10.1

You order and purchase our Products from our fulfilment partner Global-e who will act as the merchant of record and the 'trader' under applicable consumer law (“Order”).  Their terms of sale apply to your purchases and can be found here https://www.global-e.com/tos. We reserve the right at any time to change order methods, fulfilment providers and payment processors, either immediately upon posting on Our Properties or by email delivery to you.  Payment value will be in GBP sterling unless otherwise specified on our Website.

10.2

If you do not receive a message from us confirming receipt of your Order, please contact our Customer Service department at help@rothys.com before re-entering your Order.

10.3 Order Issues  

Although we, acting through Global-e, strive to accept all valid Orders, we reserve the right to limit, modify, deny or cancel any Order (including exchange Orders) prior to us sending an Order Confirmation for any reason, including if: (i) we discover an error, inaccuracy, or omission in pricing and/or other information about the Product or receive insufficient or erroneous billing, payment and/or shipping information, (ii) we suspect an Order has been placed using stolen payment card information or otherwise appears to be connected to fraud, unauthorised reselling or another violation of this TOU Agreement, (iii) the ordered Product(s) are unavailable due to discontinuance or otherwise, (iv) the Order is connected with a previous payment dispute, or (v) the Order is associated with a user whom we suspect of abusing our Returns Policy or of otherwise making fraudulent claims for Product / exchanges or refunds based on unfounded quality control, lost package, wrong size, wrong shoes, or order processing error complaints, or other false information. If any Product is discontinued or otherwise becomes unavailable, we reserve the right to cancel your Order and provide you a refund for the amount paid for the Product. If we are unable to accept your Order, we will inform you of this and will not charge you for the Product(s).

10.4 Restrictions on Use of Products for Resale, Raffles and Promotions

To protect our goodwill and the intellectual property rights of Rothy’s and its licensors and suppliers, any resale of Products and Gift Cards for personal and/or business profit without our prior express written consent is strictly prohibited.  Except as may be previously and expressly authorised by us in writing, we also prohibit the offering, use, transfer, or acceptance of our Products and Gift Cards for promotional purposes (e.g., as prizes in contests) or in connection with any lottery or raffle.  We reserve the right to bar any users we suspect of violating this Section (or any other provision of this TOU Agreement) from further use of Our Properties and, subject to applicable law, to refuse, limit or cancel any related Orders and/or suspend or cancel any related Accounts. 

10.5 Disclaimer

Subject to the terms of this TOU Agreement, we reserve the right to:

  • Refuse any Order you place with us;
  • Correct any errors, inaccuracies or omissions (including the price) with regard to the Products offered prior to us sending an Order Confirmation;
  • Change or update information in connection with any Products offered;
  • Modify or cancel your Order prior to the Order Confirmation being sent you; and
  • Limit, reject, modify, or cancel Orders, in our sole discretion, that appear to be placed by resellers or other unauthorised parties.

If we modify or cancel your Order, we will attempt to notify you at the last email address you provided us.

10.6 Returns

If you cancel a contract of sale between you and Global-e, Global-e will process any refund due to you in accordance with the returns policy section of its terms of sale here [link], as amended by this section. Returns may be requested up to 30 days from delivery of the Product(s) to you. Global-e will refund the price paid in full (subject to any deduction they are entitled to make due to your use of or damage to the Product(s)), including the cost of standard delivery. However, they will not refund your cost of returning the Product(s) to us. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. To start a return please see Global-e's Terms of Sale by visiting: https://www.global-e.com/tos. For more information on our return policies please visit: https://rothys.com/en-de/pages/international-returns (“Return Policy”). All purchases are subject to our Return Policy.

 10.7 Product Recall

You agree to fully cooperate with us and provide all reasonable assistance in the event that we recall any Products. If we recall Products, we will do so at our sole expense and in our sole discretion. Please notify us at Rothy’s, 901 Battery Street, 3rd Floor, San Francisco, CA 94111 USA, ATTN: Legal Department or legal@rothys.com if you suspect there is a possibility of us needing to recall Products.

10.8 Discounts and Promo Codes

We may, in our sole discretion, create discounts and promotional codes that may be redeemed for promotional value in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”).  Promo Codes may only be used once per person. Only Promo Codes sent to you through official Rothy’s communications channels are valid.  You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code and make available to you; (v) have no monetary value and are not redeemable for cash or any cash equivalent; and (vi) may expire prior to your use.

10.9 As Is

you expressly understand and agree that to the extent permitted by applicable law, your use of Our Properties is at your sole risk, and Our Properties are provided on an “as is” and “as available” basis, with all its faults, including omissions and errors.  Rothy’s and its licensors expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, arising from use of the Website.  For clarity, this section 10.8 does not affect our Return Policy or our limited warranty for Products. 

  • Neither Rothy’s, Global-e nor their licensors make any warranty, representation or condition that our Properties will meet your requirements or be up-to-date, or that your use of our Properties will be uninterrupted, timely, secure or error-free.
  • Any content accessed through our Properties is accessed at your own risk, and you shall be solely responsible for any damage to your property, including your computer system and any device you use to access our Properties, or any other loss that results from accessing such content.

10.10 No Liability for Conduct of Third Parties

Subject to the terms of this TOU Agreement, you acknowledge and agree that neither Rothy’s nor its licensors are liable, and you agree not to seek to hold us liable, for the conduct of third parties on the Website, including operators of external sites, and that the risk of injury from such third parties rests entirely with you.

11. Limitation of Liability for Our Properties

11.1 Disclaimer of Certain Damages

Subject to the terms of this TOU Agreement, you understand and agree that in no event shall Rothy’s or its licensors be liable for any: (i) loss of profits or revenue or data; (ii) indirect, incidental, special, or consequential damages arising out of or in connection with our Properties; or (iii) damages or costs due to procurement of substitute Products, whether or not we have been advised of the possibility of such damages, arising out of or in connection with this TOU Agreement or our Properties.

12. Violations

If we become aware of any possible violations, or if we, in our sole discretion, determine that you breached any portion of this TOU Agreement or have otherwise demonstrated conduct inappropriate for Our Properties, we reserve the right to:

  • Investigate your behavior, including your possible violations;
  • Refer the matter to, and cooperate with any and all applicable legal authorities;
  • Disclose any information on Our Properties to comply with applicable laws, legal processes or governmental requests;
  • Deactivate your Account and, subject to applicable law, cancel your Product purchase(s);
  • Enforce this TOU Agreement; and
  • Pursue any other action that we deem to be appropriate.

13. Termination

13.1 Termination

We reserve the right to block access to, suspend, or terminate your access to Our Properties or your Account, with or without notice, if we, in our sole discretion, determine that you are in breach of this TOU Agreement.

13.2 Effect of Termination

In the event that we terminate your access to Our Properties and/or your ability to create an Account, we may remove your access from, bar your right to further use, and delete your password and Account on our Website. Termination of access to Our Properties shall terminate this TOU Agreement. All provisions of this TOU Agreement that should survive termination, shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

13.3 No Subsequent Registration

If we discontinue your ability to access Our Properties and/or create an Account, you agree that you shall not attempt to re-register with or access Our Properties, for example, by using a different username. In the event you violate this Section 13.3, we reserve the right, in our sole discretion, to immediately take any and all of the actions set forth herein without any notice or warning to you.

14. International Users

Our Properties can be accessed from countries around the world and may contain references to Services and/or Products that are not available in your country. These references do not imply that we intend to announce such Services or Products in your country.  The selection and availability of our Services and Products may vary from country to country, device to device (because of technical limitations), and user to user.

15. General Provisions

15.1 Assignment 

This TOU Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

15.2 Events Outside our Control

We shall not be liable for any delay or failure to perform, including failure to deliver Products ordered, resulting from causes outside our reasonable control.

15.3 Governing Law

This TOU Agreement will be governed and interpreted by and under the laws of England, except that if you live in Scotland or Northern Ireland, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law. 

15.4 Disputes

You agree that any dispute between you and us regarding this TOU Agreement will only be dealt with by courts of Amsterdam, except that if you live in an EU country outside the Netherlands, you can choose to bring legal proceedings either in your country or in the Netherlands, but if we bring legal proceedings, we may only do so in your country. The European Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr/ provides information about alternate dispute resolution which may be of interest.

15.5 Notice

Where we require that you provide an email address, you are responsible for providing us with your most current email address. If the last email address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this TOU Agreement, our dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to us at Rothy’s, 901 Battery Street, Third Floor, San Francisco, CA 94111, USA, Attention: Legal Department. Such notice shall be deemed given when received by Rothy’s by letter delivered by internationally recognised overnight delivery service or first class postage prepaid mail.

15.6 Entire Agreement

This TOU Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. This TOU Agreement may be amended or superseded only by a mutually executed written agreement. As used herein, “including” means “including without limitation”. The headings used in this TOU Agreement are included only for purposes of convenience and shall not limit or otherwise affect the construction of this TOU Agreement.

15.7 Waiver

Any waiver or failure to enforce any provision of this TOU Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

15.8 Severability

If any portion of this TOU Agreement is held invalid or unenforceable, the remaining portions shall remain in full force and effect.