This
page (together with the documents referred to on it) tells you the terms and
conditions on which we supply any of the products (Products)
listed on our website www.rock-a-nore-co.uk (our site)
to you. Please read these terms and conditions carefully before ordering any
Products from our site. You should understand that by ordering any of our
Products, you agree to be bound by these terms and conditions.
You
should print a copy of these terms and conditions for future reference.
Please
understand that if you refuse to accept these terms and conditions, you will
not be able to order any Products from our site.
www.rock-a-nore.co.uk
is a site operated by Rock-a-Nore.co.uk Limited (we).
We are registered in England and Wales under company number 6157162 and with
our registered office at Seatoller, St Helens Avenue, Hastings, East Sussex, TN34 2JT.
Our
site is only intended for use by people resident in the United Kingdom. We do
not accept orders from individuals outside the United Kingdom.
By
placing an order through our site, you warrant that:
(a)
You
are legally capable of entering into binding contracts;
(b)
You
are at least 18 years old;
(c)
You
are resident in the United Kingdom; and
(d)
You
are accessing our site from that country.
4.1
After
placing an order, you will receive an e-mail from us acknowledging that we have
received your order. Please note that this does not mean that your order has been
accepted. Your order constitutes an offer to us to buy a Product. All orders
are subject to acceptance by us, and we will confirm such acceptance to you by
sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the
Dispatch Confirmation.
4.2
The
Contract will relate only to those Products whose dispatch we have confirmed in
the Dispatch Confirmation. We will not be obliged to supply any other Products
which may have been part of your order until the dispatch of such Products has
been confirmed in a separate Dispatch Confirmation.
5.
Cancellation
& Refunds
5.1
Although
you are contracting as a consumer, as the Products are food and therefore perishable
goods, you are not entitled to cancel a Contract, once it has been made.
5.2
If
you have any complaints about any Products (or believe that they are defective
in any way), please contact us immediately to discuss this, including the
return of the Products to us. When you return a Product to us because you
claim that the Product is defective, we will examine the returned Product and
will notify you of your refund (if applicable) via e-mail within a reasonable
period of time. We will usually process the refund due to you as soon as
possible and, in any case, within 30 days of the day we confirmed to you
via e-mail that you were entitled to a refund for the defective Product. If you
are entitled to a refund, Products returned by you because of a defect will be
refunded in full, including a refund of the delivery charges for sending the
item to you and the cost incurred by you in returning the item to us.
5.3
We
will usually refund any money received from you using the same method
originally used by you to pay for your purchase.
6.1
We
will use our reasonable endeavours to fulfil your order on the next working
day, and in any event your order will be delivered to you by the delivery date
set out in the Dispatch Confirmation, unless there are exceptional
circumstances.
6.2
The
Products will be packed in ice and delivered by courier and you must be at the
delivery address on the delivery date set out in the Dispatch Confirmation as
the Products are, by their very nature, perishable. We will not provide a
refund or replacement Products if you are not at the delivery address on the
delivery date to receive your delivery.
7.1
The
Products will be at your risk from the time of delivery.
7.2
Ownership
of the Products will only pass to you when we receive full payment of all sums
due in respect of the Products, including delivery charges, which we must
receive before the Products are delivered to you.
8.1
The
price of any Products will be as quoted on our site from time to time, except
in cases of obvious error.
8.2
These
prices include VAT but exclude delivery costs, which will be added to the total
amount due as set out in our Delivery Guide.
8.3
Prices
are liable to change at any time, but changes will not affect orders in respect
of which we have already sent you a Dispatch Confirmation.
8.4
Our
site contains a large number of Products and it is always possible that,
despite our best efforts, some of the Products listed on our site may be
incorrectly priced. We will normally verify prices as part of our dispatch
procedures so that, where a Product's correct price is less than our stated
price, we will charge the lower amount when dispatching the Product to you. If
a Product´s correct price is higher than the price stated on our site, we will
normally, at our discretion, either contact you for instructions before
dispatching the Product, or reject your order and notify you of such rejection.
8.5
We
are under no obligation to provide the Product to you at the incorrect (lower)
price, even after we have sent you a Dispatch Confirmation, if the pricing
error is obvious and unmistakeable and could have reasonably been recognised by
you as a mis-pricing.
8.6
Payment
for all Products must be by credit or debit card. We accept payment with Amex,
Diners, JCB, Laser, Maestro, MasterCard, Solo, and Visa.
9.1
We
warrant to you that any Product purchased from us through our site is of
satisfactory quality and reasonably fit for all the purposes for which products
of the kind are commonly supplied.
9.2
Our
liability for losses you suffer as a result of us breaking this agreement is
strictly limited to the purchase price of the Product you purchased.
9.3
This
does not include or limit in any way our liability:
(a)
For
death or personal injury caused by our negligence;
(b)
Under
section 2(3) of the Consumer Protection Act 1987;
(c)
For
fraud or fraudulent misrepresentation; or
(d)
For
any matter for which it would be illegal for us to exclude, or attempt to
exclude, our liability.
9.4
We
are not responsible for indirect losses which happen as a side effect of the
main loss or damage, including but not limited to:
(a)
loss
of income or revenue
(b)
loss
of business
(c)
loss
of profits or contracts
(d)
loss
of anticipated savings
(e)
loss
of data
(f)
loss
of data, or
(g)
waste
of management or office time however arising and whether caused by tort
(including negligence), breach of contract or otherwise;
provided
that this clause 9.4 shall not prevent claims for loss of or damage to your
tangible property that fall within the terms of clause 9.1 or clause 9.2 or any
other claims for direct financial loss that are not excluded by any of
categories (a) to (g) inclusive of this clause 9.4.
Applicable
laws require that some of the information or communications we send to you should
be in writing. When using our site, you accept that communication with us will
be mainly electronic. We will contact you by e-mail or provide you with
information by posting notices on our website. For contractual purposes, you
agree to this electronic means of communication and you acknowledge that all
contracts, notices, information and other communications that we provide to you
electronically comply with any legal requirement that such communications be in
writing. This condition does not affect your statutory rights.
All
notices given by you to us must be given to Rock-a-Nore.co.uk at
enquiries@rock-a-nore.co.uk. We may give notice to you at either the e-mail or
postal address you provide to us when placing an order, or in any of the ways
specified in clause 10 above. Notice will be deemed received and properly
served immediately when posted on our website, 24 hours after an e-mail is
sent, or three days after the date of posting of any letter. In proving
the service of any notice, it will be sufficient to prove, in the case of a
letter, that such letter was properly addressed, stamped and placed in the post
and, in the case of an e-mail, that such e-mail was sent to the specified
e-mail address of the addressee.
12.1
The
contract between you and us is binding on you and us and on our respective
successors and assigns.
12.2
You
may not transfer, assign, charge or otherwise dispose of a Contract, or any of
your rights or obligations arising under it, without our prior written
consent.
12.3
We
may transfer, assign, charge, sub-contract or otherwise dispose of a Contract,
or any of our rights or obligations arising under it, at any time during the
term of the Contract.
13.1
We
will not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations under a Contract that is caused by
events outside our reasonable control (Force Majeure Event).
13.2
A
Force Majeure Event includes any act, event, non-happening, omission or
accident beyond our reasonable control and includes in particular (without
limitation) the following:
(a)
Strikes,
lock-outs or other industrial action.
(b)
Civil
commotion, riot, invasion, terrorist attack or threat of terrorist attack, war
(whether declared or not) or threat or preparation for war.
(c)
Fire,
explosion, storm, flood, earthquake, subsidence, epidemic or other natural
disaster.
(d)
Impossibility
of the use of railways, shipping, aircraft, motor transport or other means of
public or private transport.
(e)
Impossibility
of the use of public or private telecommunications networks.
(f)
The
acts, decrees, legislation, regulations or restrictions of any government.
13.3
Our
performance under any Contract 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 Contract may be performed despite the Force
Majeure Event.
14.1
If
we fail, at any time during the term of a Contract, to insist upon strict
performance of any of your obligations under the Contract or any of these terms
and conditions, or if we fail to exercise any of the rights or remedies to
which we are entitled under the Contract, this shall not constitute a waiver of
such rights or remedies and shall not relieve you from compliance with such
obligations.
14.2
A
waiver by us of any default shall not constitute a waiver of any subsequent
default.
14.3
No
waiver by us of any of these terms and conditions shall be effective unless it
is expressly stated to be a waiver and is communicated to you in writing in
accordance with clause 11.
If
any of these terms and Conditions or any provisions of a Contract are
determined by any competent authority to be invalid, unlawful or unenforceable
to any extent, such term, condition or provision will to that extent be severed
from the remaining terms, conditions and provisions which will continue to be
valid to the fullest extent permitted by law.
16.1
These
terms and conditions and any document expressly referred to in them represent
the entire agreement between us in relation to the subject matter of any
Contract and supersede any prior agreement, understanding or arrangement
between us, whether oral or in writing.
16.2
We
each acknowledge that, in entering into a Contract, neither of us has relied on
any representation, undertaking or promise given by the other or be implied
from anything said or written in negotiations between us prior to such Contract
except as expressly stated in these terms and conditions.
16.3
Neither
of us shall have any remedy in respect of any untrue statement made by the
other, whether orally or in writing, prior to the date of any Contract (unless
such untrue statement was made fraudulently) and the other party´s only remedy
shall be for breach of contract as provided in these terms and conditions.
17.1
We
have the right to revise and amend these terms and conditions from time to
time.
17.2
You
will be subject to the policies and terms and conditions in force at the time
that you order Products from us, unless any change to those policies or these
terms and conditions is required to be made by law or governmental authority
(in which case it will apply to orders previously placed by you), or if we
notify you of the change to those policies or these terms and conditions before
we send you the Dispatch Confirmation (in which case we have the right to
assume that you have accepted the change to the terms and conditions, unless
you notify us to the contrary within seven working days of receipt by you
of the Products).
Contracts
for the purchase of Products through our site will be governed by English law.
Any dispute arising from, or related to, such Contracts shall be subject to the
non-exclusive jurisdiction of the courts of England and Wales.