Rosas Creations

Last updated: Oct 2025

These Terms and Conditions (“Terms”) govern purchases from and use of services offered by Rosas Creations TX (“Rosas Creations TX”, “we”, “us”, or “our”), including our website/online store and in-person sales in Boerne, Texas and San Antonio, Texas (collectively, the “Services”). By purchasing from us online or in person, creating an account, or otherwise using the Services, you agree to these Terms.

Contact: Phone 830-356-1787 | Website: https://rosascreationstx.com

1) Eligibility and Scope

• You must be legally able to enter into a binding contract in your jurisdiction to purchase from us.
• These Terms apply to both online and in-person purchases, including any custom or personalized goods.

2) Products, Personalization, and Variations

• We sell handmade and personalized items. Minor variations in color, texture, sizing, and finish are normal and part of handcrafted production.
• For personalized/custom orders, you are responsible for the accuracy of all names, dates, designs, and text you provide, and you represent you have the rights to use any artwork or content you submit.
• We may decline or cancel personalization that is unlawful, infringing, or offensive.

3) Orders and Acceptance

• Online: Your order is an offer to buy; acceptance occurs when we confirm your order. In person: Acceptance occurs when we take payment.
• We may refuse or cancel an order due to availability, errors, suspected fraud, policy violations, or other reasonable reasons. If payment was taken for a canceled order, we will issue a refund for the canceled portion.

4) Payment

• Accepted methods include common cards and digital payments online, and cash/cards in person. By providing a payment method, you authorize us and our payment processors to charge the full amount, including taxes, shipping (if applicable), and any approved design fees.
• Prices are in U.S. dollars and may change without prior notice. Taxes are calculated at checkout or at point of sale.

5) Production, Lead Times, and Proofs (if applicable)

• Estimated production/lead times are provided at checkout, on your invoice, or as communicated. These are estimates, not guarantees.
• If we provide proofs for custom items, production begins after your approval. Approved proofs are final; changes afterward may not be possible or may incur additional fees and delays.

6) Shipping, Pickup, Delivery, and Risk of Loss

• Shipping options, carriers, costs, and estimated delivery windows are shown at checkout or on your invoice. We also offer local pickup or in-person delivery when available.
• Risk of loss transfers to you when we deliver items to the carrier (for shipments) or upon handoff for pickup/in-person delivery.
• Please inspect packages/items upon receipt and notify us of issues as soon as possible.

7) No Refunds, Returns, or Exchanges

• All sales are final. We do not accept returns, provide refunds, or offer exchanges for any products, including personalized items.
• If an item arrives damaged or we made an error in personalization, contact us promptly with photos and order details. At our discretion, we may repair or replace the affected item. This is your sole and exclusive remedy.

8) Account Registration (Optional)

• You may create an account to streamline online purchases and view order history. You are responsible for maintaining the confidentiality of your login and for all activity under your account.
• Provide accurate, current, and complete information and update it as needed. We may suspend or terminate accounts for violations of these Terms or suspected abuse.

9) Acceptable Use

You agree not to:

• Violate applicable laws or regulations (including Texas law).
• Infringe any intellectual property, privacy, or publicity rights.
• Upload malware or attempt to interfere with or disrupt our website or systems.
• Scrape, crawl, or reverse engineer our website except as permitted by law.
• Post or transmit unlawful, harassing, hateful, or obscene content.

10) User Content and Reviews

• If you submit reviews, photos, or other content (“User Content”), you retain ownership but grant Rosas Creations TX a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, display, and distribute such content for operating, improving, and promoting our business.
• You represent you have the rights to your User Content, and it does not violate law or third-party rights. We may remove content that violates these Terms.

11) Intellectual Property

• Our designs, product photos, logos, trademarks, website content, and materials are owned by or licensed to Rosas Creations TX and protected by intellectual property laws.
• Except as permitted by law, you may not copy, distribute, modify, or create derivative works from our content without our prior written permission.

12) Third-Party Services

• We use third-party providers (e.g., payment processors, shipping carriers). Their services are subject to their own terms and privacy policies. We are not responsible for third-party content or practices.

13) Privacy

• We collect and use personal information as described in our Privacy Policy, available at https://rosascreationstx.com (see site footer). By purchasing or using our Services, you consent to our data practices.
• We use cookies and similar technologies as described in our Privacy Policy or Cookie Notice.

14) Warranties and Disclaimers

• Except as expressly stated in these Terms, products and Services are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability.
• Handcraft variations and minor differences from photos are expected and are not defects.

15) Limitation of Liability

• To the fullest extent permitted by law, Rosas Creations TX will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill.
• Our total liability for any claim relating to the products or Services will not exceed the amount you paid for the product(s) giving rise to the claim.

16) Indemnification

• You agree to indemnify, defend, and hold harmless Rosas Creations TX and its owners, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, your User Content, or your misuse of the Services.

17) Governing Law; Venue; Dispute Resolution

• Governing Law: These Terms are governed by the laws of the State of Texas, without regard to conflict of laws rules.
• Venue: You agree that any legal action or proceeding arising under these Terms will be brought exclusively in the state or federal courts located in Bexar County (San Antonio), Texas or Kendall County (Boerne), Texas, and you consent to the personal jurisdiction of those courts.
• Equitable Relief: We may seek injunctive or other equitable relief in court to protect our intellectual property or confidential information.
• Class Action Waiver: To the extent permitted by law, disputes must be brought on an individual basis and not as a class or representative action.

18) Changes to Terms and Services

• We may update these Terms and may modify or discontinue products, features, or pricing at any time. The “Last updated” date indicates the latest revision. Continued use after changes constitutes acceptance.

19) Notices and Contact

• We may provide notices via our website, at point of sale, or through other reasonable means.
• Contact: Rosas Creations TX | Phone 830-356-1787 | Website: https://rosascreationstx.com

20) Severability; Assignment; Entire Agreement

• If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
• You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• These Terms, together with any referenced policies (e.g., Privacy Policy), constitute the entire agreement between you and Rosas Creations TX regarding the Services and supersede prior agreements or understandings.

21) Texas Consumer Notice

• Nothing in these Terms is intended to waive any rights that cannot be waived under the Texas Deceptive Trade Practices Act (DTPA).
• Texas consumers may contact the Texas Attorney General Consumer Protection Division, PO Box 12548, Austin, TX 78711-2548, or visit www.texasattorneygeneral.gov for information or to file a complaint.