ROKiT DRINKS LIMITED TERMS AND CONDITIONS
1. Definitions and Interpretation
In these Terms and Conditions the following words have the following meanings, except where the context requires otherwise:
"Clause" means a clause in these Terms and Conditions;
"Contract" means a contract between us and you for the purchase and supply of Products which comprises the Terms;
"Force Majeure Event" means any act or event beyond our reasonable control, including strikes or other industrial action by third parties, riot, invasion, terrorist attack or threat of terrorist attack, war, fire, flood, storm, explosion, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of any method of public or private transport;
"Products" means the goods listed on the Website supplied or to be supplied by us to you pursuant to a Contract;
"we", "us" or "our" means ROKiT Drinks Limited (Company Number 07898759), a company registered in England whose registered office is at ROKiT House, Kingswood Business Park, Holyhead Road, Albrighton, Wolverhampton, WV7 3AU. Our VAT number is 323872694 (under ROK Stars group);
"Website" means the internet site maintained by us at the URL www.shop.rokitdrinks.co.uk; and "you" and "your" refers to any individual who submits an order for Products.
In these Terms and Conditions:
(i) Clause headings are for convenience only and shall not be taken into account in the interpretation of these terms and conditions;
(ii) the singular includes the plural and vice-versa; and
(iii) the words "include", "including" and "in particular" shall be construed as being by way of illustration or emphasis only and shall not be construed as, nor shall they take effect as, limiting the generality of the foregoing.
Please read the Terms carefully and make sure that you understand them before ordering any Products from the Website.
Before placing an order for Products you will be asked to agree to the Terms. If you do not agree to the Terms you will not be able to order any Products.
We may amend the Terms from time to time at our discretion. Every time you place an order for Products the Terms in force at the time of your order will apply to the Contract between you and us. Accordingly please read through the Terms each time you wish to place an order for Products.
2. Minimum Age
You must be aged 18 or over in order to buy Products from us. It is an offence for anyone under the age of 18 to buy or attempt to buy alcohol. By placing an order for Products you are confirming that you are aged 18 or over. If your order is not for you but for someone else, you are responsible for ensuring that the recipient is aged 18 or over.
3. Contract Formation
Your order for Products is an offer by you to buy Products from us. We will confirm receipt of your order however a contract is only formed and we will only be bound to supply the Products when we have despatched your order. At any time before the despatch of your order we may reject your order.
Payment for Products can only be made using credit/debit cards through Worldpay.
5.1 We will contact you with an estimated delivery date which will be within 30 days after you place your order.
5.2 Delivery of an order takes place when we deliver the Products to the address given by you. The Products will be your responsibility from the time of delivery.
5.3 If no one is available at the address you give for delivery we will either deliver the Products in accordance with your instructions (for example, by leaving them with a neighbour) or leave you a note explaining what you need to do to have the Products re-delivered.
5.4 You will own the Products once we have received payment in full, including all applicable delivery charges.
6. Cancellation Policy and Refunds
6.1 In accordance with the Consumer Contracts Regulations 2013 you have the right to cancel your order within 14 days (starting from the day after the Products are delivered to you) and return the Products to us for a full refund provided that the Products are in reasonable condition and that the request to cancel is received by us in writing.
6.2 In order to cancel your order you must send written notice to us. You may send notice to cancel your order by visiting shop.rokitdrink.co.uk/cancel-my-order and completing the form. Alternatively you can send notice of cancellation using one of the methods below, setting out your order number, name, address and email address:
(i) by post to our registered office at ROKiT House, Kingswood Business Park, Holyhead Road, Albrighton, Wolverhampton, WV7 3AU - notice will be deemed to have been given on the day on which it was posted; or
(ii) by fax, to fax number +44(0) 1902 374 603 - notice will be deemed to have been given on the day on it was sent.
(iii) by email to email@example.com - notice will be deemed to have been given on the day on which it was received.
We will e-mail you to confirm once we have received your notice of cancellation.
6.3 If you cancel your order in accordance with Clauses 6.1 and 6.2:
(i) unless the Products are faulty or not as described (in which case your Statutory rights will apply), you will be responsible for the cost of returning the Products;
(ii) we will refund to you the price you paid for the Products less an amount to reflect any reduction in the value of the Products if they are not in reasonable condition;
(iii) we will refund any delivery costs you have paid up to a maximum to reflect the least expensive delivery method we offer (provided that this is a common and generally acceptable method) - for example, if we offer delivery of Products within 7 days at a lower cost but you choose to have the Products delivered the next day at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and
We will make refunds due to you on the credit card or debit card used by you to pay, within 14 days after the day on which we receive the Products from you.
7.1 Products supplied by us will be of satisfactory quality and reasonably fit for the purpose for which products of the same kind are commonly supplied provided that you have stored and handled the Products in accordance with any instructions provided by us.
8. Using Your Personal Information
9. How To Contact Us
9.1 To cancel an Order in accordance with your legal rights as set out in Clause 6, you can contact us by one of the ways listed in Clause 6.
9.2 If you wish to contact us for any other reason, including because you have any complaints, you can do so by telephone on +44(0) 1902 374896 or by e-mail to firstname.lastname@example.org.
9.3 If we need to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
10. Our Liability
10.1 If we fail to comply with these Terms we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
10.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 We do not in any way exclude or limit our liability for death or personal injury caused by our negligence or for any liability that cannot be excluded by law.
10.4 Nothing in the Terms will affect your Statutory rights.
11. Force Majeure
11.1 We will not be liable or responsible for any failure to perform, or delay in performing any of our obligations under a Contract that is caused by a Force Majeure Event.
11.2 If a Force Majeure Event arises that affects the performance of our obligations under a Contract:
(i) we will contact you as soon as we can to notify you; and
(ii) our obligations under the Contract will be suspended and the time for performing our obligations will be extended for the duration of the Force Majeure Event.
11.3 You may cancel a Contract affected by a Force Majeure Event which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at your cost) any Products you have already received and we will refund the price you have paid.
12.1 The Terms constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, arrangements, understandings or agreements between us relating to the subject matter of the Contract.
12.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under the Contract.
12.3 You may not transfer your rights or your obligations under a Contract to any other person, company or other entity without our prior written agreement.
12.4 The Contract is between you and us. No other person, company or other entity will have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
12.5 If we fail to insist that you perform any of your obligations under a Contract or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.6 The Terms and the Contract are governed by English law. The courts of England will have exclusive jurisdiction in relation to any proceedings or dispute concerning or arising out of these Terms and the Contract.
12.7 As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including Clause 12.6, affects your rights as a consumer to rely on such mandatory provisions of local law.