Terms Of Sale
The following are the standard Terms and Conditions of Retail Sale of Rocket Store
Limited a company registered in England and Wales (company number 05526564) whose
principal place of business is at 14A Barton Business Park, New Dover Road,
Canterbury, Kent CT1 3AA, United Kingdom ("Rocket Store") and will apply to any
retail products provided by Rocket Store.
Customers indicate their acceptance of this Agreement by:
- For orders placed via Rocket Store's website at www.rocketstore.co.uk clicking
the "I agree to all Terms and Conditions" box on the Checkout Page is a binding
acceptance of the terms and conditions contained in this Agreement and the Refund
and Returns Policy.
- For orders placed by telephone/email, the Customer will be automatically
agreeing to this Agreement by placing their order. All customers will be informed
of this Agreement upon ordering.
1. Definitions & Interpretations
1.1. Definitions
"Agreement" - means this agreement;
"Customer" - means the customer purchasing the products;
"Fees" - means the price or fees published on Rocket Store's Website for the
products;
"Products" - means the product(s) set out on our website or in other literature;
"Special Order" - means the product(s) denoted as Special Order items on our website
or in other literature. These are typically items that are manufacturered or
assembled custom made for orders;
"Working Day" - means any day except a Saturday or Sunday which is not a bank or public
holiday in England;
"Website" - means www.rocketstore.co.uk
1.2. Interpretations
In this Agreement clause headings are for convenience only and shall not affect the
construction of this Agreement;
words denoting the singular shall include the plural and vice versa;
words denoting any gender shall include a reference to each other gender;
references to persons shall be deemed to include references to natural persons, firms,
partnerships, companies, corporations, associations, organisations, foundations and
trusts (in each case whether or not having separate legal personality);
2. Customer Indemnities
2.1. The Customer agrees that the Customer is solely responsible for complying with
any laws, taxes, and tariffs applicable in any way to any Product(s) provided to the
Customer by Rocket Store. The Customer shall indemnify and keep indemnified Rocket
Store and its subcontractors, directors and agents fully against all claims, damages,
losses, costs or expenses (including reasonable legal fees and expenses, penalties,
taxes, fines, or tariffs) arising either from the Customer's failure to comply with
any laws, taxes, and tariffs applicable in any way to the Services.
3. The Contract
3.1 All orders for Products shall be deemed to be an offer by the Customer to
purchase Products pursuant to these Terms and Conditions and are subject to
acceptance by Rocket Store. Rocket Store may choose not to accept an order for any
reason.
3.2 Acceptance is acknowledged by the despatch of goods in full.
4. Limitation Of Liability
4.1. Rocket Store shall not be liable to the Customer or to any third party for any
loss of profits, loss of business, revenue, goodwill or anticipated savings, loss of
data, or any incidental or consequential loss arising under this Agreement even if
Rocket Store has been advised of the possibility of such damages.
4.2. To the extent permitted by any applicable law, Rocket Store's aggregate
liability under this Agreement shall be the aggregate amount paid by the Customer to
Rocket Store under this Agreement at the time of any claim by the Customer.
4.3. Rocket Store does not exclude liability for death or personal injury arising as
a result of the negligence of Rocket Store, its employees, contractors, agents or
authorised representatives.
4.4. Rocket Store has taken reasonable care in the selection, design and manufacture
of all product(s) that we sell, therefore we shall not be held responsible or liable for
any property damage (including loss or damage to vehicles, payloads or equipment) or
personal injury whatsoever arising from the handling, storage, transport, use or misuse
of the product(s) we sell.
5. Payment
5.1. Payment is normally made in advance for all purchases, however credit
terms are available on application to some organisations, bodies and authorities.
5.2. Rocket Store may charge interest at a rate of 5% above the base rate of the
Royal Bank of Scotland Plc from time to time for late payments of customers who
have been granted credit terms.
5.3. Rocket Store may cancel customer credit terms if payment is received late.
5.4. Any product described as a Special Order item will require
Offer Price payment to be made at time of order prior to
importation/purchase of the goods by Rocket Store.
6. Delivery
6.1. We will endeavour to ship all orders of products that are in stock within 2
working days, however at very busy times it may take up to a 5 working days.
Orders that do not have all items in stock may be split on request by the customer,
however the Customer will have to pay any additional shipping costs.
6.2. In the event that Royal Mail or our couriers return goods to us as
undeliverable for any reason, additional delivery charges may apply to cover the
cost of re-delivery. If orders are subsequently cancelled, any refund will have all
delivery charges deducted from any refund amount given. Rocket Store is not
responsible if Royal Mail or any courier does not leave a notification card.
6.3. All courier deliveries are mandatory signature. If you choose to request
your non hazardous goods to be left with a neighbour or left outside, then Rocket
Store are not liable for replacement should the goods be missing or damaged.
Hazardous items CANNOT be left outside or with neighbours for legal reasons.
6.4. All couriers will attempt delivery ONCE only. If you are not in, the courier
will leave a card with details for you to pickup the goods from the nearest courier
depot.
7. Delivery of Hazardous Goods
7.1. The following clauses within this section apply in addition to the clauses
set out in the Delivery section 6.
7.2. Hazardous Goods are only held in the case of non delivery for a very short
period, typically 3 working days. If is your responsibility to ensure you collect
them before they are shipped back to Rocket Store.
7.3. Hazardous Goods purchased by consumers can only be delivered to themselves
at their billing address or another property resided by themselves. Rocket Store
unable to send Hazardous Goods as gifts to other residential properties for legal
reasons. For legal reasons, a permissions letter may be requested if you wish them
to be sent to yourself at your place of work.
7.4. Hazardous Goods purchased by non consumers can be delivered to any address
of the non consumer. For legal reasons, a permissions letter may be requested
if you wish them to be sent to another non consumer address.
7.5. Hazardous Goods must be signed for. We are unable to leave them at any
location without a signature.
8. Cancellation
8.1. The Customer can cancel an order at any time prior to shipment, with the
exception of Special Order items. These are items not in stock ordered or
manufacturered to order for customers and are non refundable.
8.2. Cancellation of any order made by the Customer after it has been shipped, is
covered by the Returns section.
9. Returns
9.1. Before returning any goods, contact us for a Returns number. Any goods
returned without a Returns number may be subject to delays.
9.2. If you are returning goods that are Hazmat and have been sent by courier due to
this, you must contact us and we will arrange for a Hazmat suitable courier to pick up
the item. We do require that you are reasonably flexible regarding pick up. You MUST
ensure it is packaged adequately, jiffy bags are NOT normally sufficient, use a box.
Do NOT try and send Hazmat items in the post to save cost. This is illegal and we will
report you to the authorities as this gives valid legal rocket companies a bad
reputation.
9.3. You must ensure the item is adequately packaged before returning the item.
You MUST ensure it is packaged adequately, jiffy bags are NOT normally sufficient, use
a box. It is YOUR responsibility to ensure the item is insured when returning. If an
item returns in a broken state due to shipping we will NOT issue a refund.
9.4. Faulty items will be tested and if found to be faulty, the cost of the goods
and shipping both ways will be refunded or a replacement sent depending on customer
wishes. If the goods are found not to be faulty and it is user error, then the
customer will be asked to pay the standard shipping costs of sending the item back
again to the customer.
9.5. If an item is eligible for refund and is being returned the goods must be
undamaged and in their original manufacturer packaging. Any item which is eligible
for a refund will NOT be refunded if they are used or not in the manufacturers
packaging.
9.6. Special Order items and Hazardous Goods are not refundable.
10. Rocket Store Rights
10.1 Rocket Store reserve the right to periodically update prices on the Website,
which cannot be guaranteed for any period of time. Rocket Store shall make every
effort to ensure prices are correct at the point at which the Customer places an
order.
10.2 Rocket Store reserve the right to withdraw the Products from the Website at
any time.
10.3. Rocket Store shall not be liable to anyone for withdrawing the Products from
the Website or for refusing to process an order.
10.4 Rocket Store reserve the right to adjust the price of any Special Order
Item at any time prior to supply. Prices listed on the Website for Special Order Items
are just approximate prices and these may need to be altered due to currency rate or
manufacturer price changes. The Customer will be informed of any price changes prior to
supply.
11. Force Majeure
11.1. Rocket Store shall not be under any liability to the Customer in respect of
anything which, apart from this provision, may constitute a breach of this Agreement
arising by reason of force majeure, namely circumstances beyond the control of Rocket
Store which shall include (but shall not be limited to) acts of God, fire, flood,
accident, civil commotion, acts of local government and parliamentary authority,
strike, lockout, industrial dispute.
12. Data Protection
12.1. Each party shall ensure that it shall comply with the provisions and
obligations imposed on it by any applicable legislation relating to data protection,
including the Data Protection Act 1998 ("Data Protection Legislation").
12.2. All personal data acquired by either party from the other shall be returned
or deleted (at the option of the requesting party) on request save to the extent
required by that party to discharge its obligations hereunder.
12.3. The Customer shall be responsible for the acts and omissions of any third
party with whom it contracts or who processes (within the meaning of the Data
Protection Legislation) data on its behalf as it is for its own acts and omissions
in relation to the matters provided for by this Clause 10.
12.4. The Parties acknowledge that the Customer determines the purpose for which
and the manner in which all personal data made available to Rocket Store for the
purposes of this Schedule ("Relevant Personal Data") shall be processed by Rocket
Store whilst performing this Agreement. Rocket Store shall only process Relevant
Personal Data in accordance with instructions from the Customer, and all such
processing in accordance with this Agreement shall be deemed to be on the instructions
of the Customer and the monitoring of files containing the Relevant Personal Data to
ensure conformance with the standard terms and conditions.
12.5. Rocket Store shall establish and maintain all reasonable technical and
organisational measures against unauthorised or unlawful processing of the Relevant
Personal Data and against accidental loss or destruction of, or damage to, the
Relevant Personal Data (any such event being a "Data Protection Event").
12.6. Rocket Store shall take reasonable steps to ensure the reliability of
Rocket Store's employees or subcontractors who have access to the Relevant Personal
data and shall inform them of the importance of the need to avoid Data Protection
Events.
13. Rocket Store Warranties
13.1. Rocket Store warrants that all Product(s) shall be supplied with
reasonable skill and care.
13.2. The warranties set out in the Agreement are the only warranties applicable
to the Product(s). To the extent permitted by any applicable law, Rocket Store
excludes all other warranties whether express or implied.
14. Variations/Amendments
14.1. Rocket Store may vary or amend this Agreement at any time. The Customer
shall be deemed to have accepted any revised version of this Agreement if an order
is placed.
15. Law and Juristiction
15.1. This Agreement shall be construed in accordance with English law and the
parties irrevocably submit to the non-exclusive jurisdiction of the English courts to
settle any disputes which may arise in connection with this Agreement.