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 Wingham Centre, Goodnestone Road, Wingham, Canterbury, Kent CT3 1AR, 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.
Should the customer read the Agreement and not agree with it, then the customer must contact us and cancel
the order. If a order has been partial or completely processed, the Customer will be liable for suitable
packing or shipping costs.
1. DEFINITIONS AND INTERPRETATIONS
1.1. Definitions
"Agreement" means this agreement together with the AUP and Schedule(s) relating to the Service(s) ordered by the Customer as amended by Rocket Store from time to time;
"Customer" means the customer purchasing the Services;
"Fees" means the price or fees published on Rocket Store's Website from time to time which are applicable to the Service(s) ordered;
"Products" means the product(s) set out on our website or in other literature;
"Working Day" means any day except a Saturday or Sunday which is not a bank or public holiday in England.
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. PROVISION OF PRODUCTS
2.1. Rocket Store will use its reasonable endeavours to provide the Product(s) with
reasonable skill and care. Rocket Store may perform the Services itself or appoint a subcontractor.
3. BILLING
3.1. The Customer will pay Rocket Store the Fees applicable to the Product(s) ordered
in accordance the terms agreed with the Customer. All customers are granted no credit unless specifically
requested by the Customer.
3.2. 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.
4. CUSTOMER INDEMNITIES
4.1. 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.
5. ROCKET STORE WARRANTIES
5.1. Rocket Store warrants that all Product(s) shall be supplied with reasonable
skill and care.
5.2. 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.
6. LIMITATION OF LIABILITY
6.1. 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.
6.2. 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.
6.3. 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.
6.4. 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.
7. CANCELLATION
7.1. The Customer can cancel an order at any time prior to shipment. However if the order
has been picked, then we may be unable to refund the cost of shipping as the shipping materials may be unusable
again and the postage may have already been printed and placed on the package.
7.2. Cancellation of any order made by the Customer after it has been shipped, is covered
by the Returns section 8.
8. RETURNS
8.1. Before returning any goods, contact us for a Returns number. Any goods
returned without a Returns number may be subject to delays.
8.2. 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.
8.3. 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.
8.4. Cancelled items will be refunded if the goods are undamaged and in their original
manufacturer packaging. We will NOT refund the cost of the goods if they are used or not in the manufacturers packaging.
8.5. 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.
8.6. 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.
9. FORCE MAJEURE
8.1. 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.
10. DATA PROTECTION
10.1. 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").
10.2. 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.
10.3. 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.
10.4. 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,
including the transfer and storage of data by Rocket Store to its servers located in the United States under
a network agreement with HopOne Internet Corporation and the monitoring of files containing the Relevant
Personal Data to ensure conformance with the standard terms and conditions.
10.5. 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").
10.6. 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.
11. VARIATIONS/AMENDMENTS
11.1. 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.
12. LAW AND JURISDICTION
12.1. 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.
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