Terms of Service

1.Who we are

This site is operated by DELIVEROSE LLC, a limited liability company with its address at:

“We”, “us” and “Deliverose” mean DELIVEROSE LLC. “You” means the person using this site.

2.Your agreement to these terms

By using nft.deliverose.com you accept these terms. If you do not accept them, please do not use the site. Separate terms apply to some things described here — the NFT Terms and Risk Disclosure, the Privacy Policy, the Cookie Policy, the Refunds and Cancellations page and the Delivery and Fulfillment page — and they form part of this agreement.

Buying a Genesis Roses NFT on a third-party marketplace is a transaction with that marketplace and the seller, under that marketplace’s own terms. These terms still govern your use of this site and the rights described in section 9.

3.Eligibility and lawful purchasing

You must be at least 18 years old and able to enter a binding contract where you live. If you are using the site on behalf of a company, you confirm you are authorised to accept these terms for it.

You may not use this site or buy from us if you are subject to sanctions administered by the United States, or if you are located in a country or territory subject to comprehensive U.S. sanctions, or if applicable law otherwise prohibits it. You may not use a purchase to evade sanctions or other legal restrictions, or for any other unlawful purpose. You are responsible for knowing whether the laws where you live permit you to buy or hold digital collectibles.

Where it is reasonably required — by law, by our payment provider’s review of a payment, or to confirm that an order is genuine — we may ask you for additional information before we accept or fulfil an order. We may pause or decline an order where the law requires it, where a payment or risk review does not clear, or where we are unable to fulfil it.

If that happens after you have paid, what we can do next — completing the order, refunding it, or holding a payment where the law requires us to — depends on the legal restrictions that apply, on what our payment provider can support, and on applicable law. We do not keep money for an order we are not going to fulfil unless the law requires it, and we will tell you what is happening where we are permitted to.

4.What we offer

Genesis Roses is a set of 67 original digital artworks, each issued as a limited edition. Each design has a fixed maximum number of editions, and those maximums are recorded on the Base blockchain and can no longer be raised.

Each collectible is a non-fungible token, or NFT: a ERC-1155 token recorded on Base. The NFT Terms and Risk Disclosure explains what that means in practice, what an NFT includes, and what it does not.

The artworks are drawn from real floral compositions made by the Deliverose studio. They are original artworks inspired by those arrangements rather than photographs of them. Preserved rose arrangements themselves are sold separately at deliverose.com ↗.

5.OpenSea purchases and direct purchases from DELIVEROSE

There are two different ways a Genesis Roses NFT can be bought, and they are different transactions with different terms. This section keeps them apart.

Purchases on OpenSea and other marketplaces

Genesis Roses NFTs held by Deliverose are currently offered on OpenSea, an independent third-party marketplace. A purchase there is a blockchain transaction between you and the seller, executed by the marketplace’s smart contracts. OpenSea sets its own fees, decides what it lists, and may change or withdraw its service at any time. We do not control it, and OpenSea’s own terms apply to the purchase as well as these.

An OpenSea purchase delivers the NFT and nothing else. It does not include a physical rose, a preserved arrangement, delivery of any physical item, or any other physical benefit. This is set out in full in the NFT Terms and Risk Disclosure.

Direct purchases from DELIVEROSE LLC: current status

Direct checkout on nft.deliverose.com is not open yet. No payment is taken and no order is completed through this site today. The rest of this section sets out the terms that will apply to a direct purchase. They take effect for direct purchases when DELIVEROSE makes direct checkout available on this site, and they apply only to purchases made through that checkout — not to purchases on OpenSea or any other marketplace.

Who sells, and what you buy

In a direct purchase the seller is DELIVEROSE LLC. You buy a specific Genesis Roses digital collectible: the design and quantity shown in your order, issued as an ERC-1155 token on the Base network (chain ID 8453) by the contract listed in the NFT Terms and Risk Disclosure. What owning it gives you, and what it does not, is described there and in section 9.

What you see before you pay

Before you are asked to pay, checkout shows the collectible’s name and artwork, the quantity, the price in U.S. dollars, any additional charges that apply to your order, and the final total. If a charge is not shown there, it is not part of the price you pay us.

When an order is submitted, and when it is accepted

• Submitted means you have completed the payment step at checkout. At that point you have made an offer to buy on the terms shown.
• Accepted means we have confirmed, directly with our payment provider, that your payment has succeeded for the full amount of the order, and we have marked your order complete. Your checkout page then shows the order as complete.
• A pending charge, an authorisation hold, or a success message shown by a payment provider or a browser is not by itself our acceptance. We rely only on confirmation received from the provider, because a page in a browser can be wrong.

Editions in an unpaid order are held for a limited time. If a payment arrives after that hold has ended, or for an amount or currency different from the order, we do not treat the order as accepted automatically; we review it and either complete it or refund it as described on the Refunds and Cancellations page.

Delivery to your wallet

We deliver the NFT on Base to the wallet address you give at checkout. You must give a Base address that you control and that can receive ERC-1155 tokens. You are responsible for the address being correct and compatible: we send to exactly the address you give, and we do not check who controls it.

A confirmed blockchain transfer normally cannot be reversed by anybody, including us. If a token is sent to an incorrect or incompatible address that you provided, we cannot promise to recover it or to deliver it again. The Delivery and Fulfillment page explains how delivery works and how you can check it yourself on the blockchain.

If something goes wrong after you pay

If your payment is confirmed but the NFT does not arrive, if you are charged more than once for the same order, or if we send the wrong token, the wrong quantity, or send to an address other than the one you gave, that is ours to put right. The Refunds and Cancellations page sets out how each of those is handled — by completing delivery, by a refund, or by another remedy — and it distinguishes them from an error in a wallet address you provided.

Physical items

Any complimentary physical arrangement Deliverose may offer belongs to a specific qualifying purchase made directly from Deliverose, and only where the offer made with that purchase says so, on the terms published with it. It is not attached to the token, does not transfer with it, and is not created by buying on a marketplace. No physical item is included with a direct purchase unless the checkout for that order states it.

Not an investment

A direct purchase is the purchase of a digital collectible. It is not an investment, and section 8 applies to it in full: we do not promise value, resale, liquidity or any return.

6.Prices, fees and taxes

Prices shown on this site are in U.S. dollars and are the prices for a direct purchase from DELIVEROSE. Marketplace listings are denominated in the cryptocurrency that marketplace uses — on Base this is normally ETH — so the amount you pay there depends on the exchange rate at that moment and will not match a dollar figure exactly.

Marketplace purchases. Separately from the listing price, you may pay:

• Network fees. Blockchain transactions cost gas, paid to the network rather than to us. We neither set nor receive it.
• Marketplace fees. A marketplace may take a fee from a sale. It sets that fee and can change it. We neither set nor receive it.
• Creator earnings. Genesis Roses carries a creator earnings rate of 0%. We do not take a royalty on resales.

Direct purchases. The price shown at our checkout is in U.S. dollars. Where tax or another charge applies to your order, it will be shown at checkout before you pay and included in the final total. You will not be charged a fee by us that was not shown to you before payment. Your own bank or card issuer may apply its own charges, such as a foreign-transaction fee, which we do not set or receive.

Taxes on your own activity. Beyond any tax shown at our checkout, the tax consequences of holding, selling or otherwise disposing of a collectible depend on where you live and on your own circumstances, and are yours to manage. We do not give tax advice, and the treatment of digital assets differs between countries and can change.

7.Blockchain, wallets and things outside our control

Base is a public blockchain operated by third parties. Wallets are software or hardware provided by third parties. Marketplaces are run by third parties. We do not operate any of them and cannot guarantee that they work, stay available, or continue to support Genesis Roses.

Some consequences are worth stating plainly:

• Blockchain transactions are generally final. Once a transfer is confirmed, neither we nor a marketplace can reverse it.
• Your wallet is yours. We never hold your private key, seed phrase or recovery phrase, and we will never ask you for them. If you lose them, access to your collectible is lost permanently and we cannot restore it.
• An asset sent to a wrong or incompatible address is normally unrecoverable. Check the address and the network before you send anything.
• Networks can be congested, halted, forked or disrupted. Gas costs move with demand and can be high.

8.Not an investment

Genesis Roses collectibles are sold as digital artworks to be enjoyed and collected. They are not offered as an investment, and we make no promise about their future value.

Specifically, we do not promise:

• that a collectible will hold its value or rise in value;
• that you will be able to resell it, at any price or at all;
• that any marketplace will continue to list it or remain available;
• any income, yield, dividend or return of any kind.

Prices for digital assets can move sharply and can fall to nothing. Please do not spend money on a collectible that you cannot comfortably do without.

9.Intellectual property

What we own

Deliverose owns or licenses the Genesis Roses artworks, the text and design of this site, and the Deliverose name, logo and other brand features. Owning a collectible does not transfer copyright in the artwork or any right to use our trademarks.

What you may do with the artwork of a collectible you own

While you own a Genesis Roses collectible, we grant you a worldwide, non-exclusive, non-transferable, royalty-free licence to display the image of that collectible for your own personal, non-commercial use — for example as a profile picture, in a personal post about your collection, or on a screen in your home.

That licence does not let you:

• sell merchandise, prints or other products bearing the artwork, or otherwise use it commercially;
• modify the artwork and present the result as a Deliverose work;
• use it in a way that is unlawful, hateful, or that suggests Deliverose endorses you, your project or your views;
• register or claim any trademark, copyright or other right in the artwork or anything confusingly similar to it;
• use the Deliverose name or logo, which this licence does not cover at all.

The licence passes with the collectible: it ends when you stop owning it, and the next owner receives the same licence on the same terms.

If you think we have infringed your rights

If you believe material on this site infringes a copyright or other right you hold, write to support@deliverose.com and tell us what the material is, where it appears, what right you hold, and how to reach you. We will look into it promptly. If the material is on a marketplace rather than on this site, that marketplace’s own reporting process will usually be faster.

10.Acceptable use

Please do not:

• break the law, or use the site to help anybody else do so;
• attempt to gain unauthorised access to the site, its infrastructure, or anybody else’s account or wallet;
• scrape, overload or interfere with the site, or bypass technical measures that protect it;
• use the site to launder money, evade sanctions, or finance anything unlawful;
• impersonate Deliverose, or suggest an affiliation or endorsement that does not exist;
• upload or transmit anything harmful, or anything that infringes somebody else’s rights.

11.Third-party services and links

This site links to services we do not run — including OpenSea, the Deliverose shop and our Instagram account — and you may reach Genesis Roses through wallets, marketplaces and block explorers operated by others. Their own terms and privacy policies apply to your use of them, and we encourage you to read them.

We have no partnership with, sponsorship from, or endorsement by OpenSea, Coinbase, the Base ecosystem, or any wallet provider. A link or a logo on this site means the service can be used to reach Genesis Roses — nothing more.

12.Availability of this site

We would like the site to be available at all times, but we cannot promise it. We may change, suspend or withdraw any part of it, and we may change what is offered and at what price, without notice. Nothing on this site is an offer that binds us until we accept an order.

13.Disclaimers

The site and anything we make available through it are provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that the site will be uninterrupted or error-free, that a blockchain, wallet or marketplace will function, or that any collectible will remain viewable or tradeable on any particular service.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is so, this section applies to the extent permitted and no further, and nothing here limits rights you have under consumer protection law that cannot be waived.

14.Limitation of liability

To the fullest extent the law allows, Deliverose will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, or the loss or change in value of any digital asset.

Our total liability arising out of or relating to these terms or your use of the site will not exceed the greater of the amount you paid Deliverose directly in the twelve months before the claim arose, or one hundred U.S. dollars.

Nothing in this section limits liability that cannot be limited by law, including liability for fraud, for fraudulent misrepresentation, or for death or personal injury caused by negligence. Where you have rights under consumer protection law that cannot be waived, this section does not affect them.

15.Indemnification

If your use of the site, your breach of these terms, or your infringement of somebody else’s rights leads to a claim against Deliverose, you agree to defend and indemnify us against that claim and its reasonable costs. We will tell you promptly about any claim we ask you to cover, and you may not settle it in a way that imposes an obligation on us without our agreement.

16.Suspension and termination

We may suspend or end your access to the site if you breach these terms, if we are required to by law, or if your use puts the site or other people at risk. Ending your access to the site does not affect any collectible you already hold: it is in your wallet on a public blockchain, and we cannot take it back.

17.Changes to these terms

We may update these terms as the product changes. When we do, we will change the effective date at the top of this page and publish the new version here. If a change is significant, we will try to draw attention to it. Continuing to use the site after a change means you accept the updated terms.

18.Governing law and where disputes are heard

These terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules.

Any dispute arising out of or relating to these terms or the site will be brought in the state or federal courts located in Kings County, New York, and you and Deliverose each consent to the jurisdiction of those courts. If you are a consumer, this does not remove any right you may have under the mandatory law of the place you live to bring proceedings there.

Before starting proceedings, please write to us at support@deliverose.com. Most problems are faster to solve that way, and we would rather fix something than argue about it.

19.How to reach us

Write to support@deliverose.com, or see the Contact page for our postal address.