GENERAL INFORMATION
Rockandrain.co.uk is the website of Rock & Rain Ltd [Trademark], Bela Suite, Clawthorpe Hall Business Centre, Burton, Carnforth, Lancs LA6 1NU. Registered VAT number XXXX. The following terms and conditions will apply between you and Rock & Rain Ltd, when you buy an item from rockandrain.co.uk.
• Your contract for purchases made through rockandrain.co.uk, in person or over the phone is with Rock & Rain Ltd
• You must be eighteen years old or older to order from us or to use our web site. If you are under eighteen, you may only order with the agreement of, and under the supervision of, a parent or guardian. If you do not qualify, please do not proceed.
• You accept that all details you provide to Rock & Rain Ltd & rockandrain.co.uk for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
• You agree that e-mail can be used as a long-distance means of communication.
ORDERING
• When placing an order, you agree that any and all information given is accurate and complete.
• All orders are subject to acceptance and product availability.
• If Rock & Rain Ltd or rockandrain.co.uk does not have enough stock to deliver the goods you have ordered, we will contact you as soon as possible to discuss the available options
• All prices listed on rockandrain.co.uk or other marketing material are correct at the time of entering the information, however, we reserve the right to change prices of any product at any time.
• The price of the goods shall be the price at the date of acceptance by us of your order
• No contract for the sale of any product will exist between you and Rock & Rain Ltd or rockandrain.co.uk until we accept your order by dispatching the product to you. When this happens we will confirm the acceptance by sending you an email
• This confirmation email will be sent to the email address provided by you and will detail products ordered, payment method, cost (including VAT and P&P if applicable) and usual delivery times.
• You must check all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.
• If your order has not been accepted, you will receive an email from us telling you the reasons why.
• Discount vouchers, codes and offers cannot be used in conjunction with each other unless otherwise specified.
PAYMENT
• Prices quoted are based on UK delivery.
• Rock & Rain Ltd & rockandrain.co.uk accept most major credit/debit card s as well as bank tranfers
• All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
DELIVERY
• The delivery period stated within which you will receive your order is approximate. We will use our best endeavours to deliver the goods to you within 3-5 working days of acceptance of your order.
• Goods will be sent to the address given by you in your order. If an item is out of stock we will endeavour to inform you immediately & advise on how to proceed
• If your delivery address is outside of the UK we are sorry but we are unable to process the order at this current time
• If you have been unable to accept our goods from our couriers, and they have had to return the items to us a reshipping fee of £6.95 will be levied
CANCELLING AN ORDER/RETURNS PROCEDURE
• You may cancel an order at any time, up to 7 days from receiving your goods. You must inform us in writing – by letter or email – of your decision to cancel & request a returns form in your online account.
• Prior to shipment of the Goods, cancellation can be effected by telephoning or e-mailing us – Please call XXXXX or e-mail hello@rockandrain.co.uk as soon as possible
• Cancellation of the order after receipt of the Goods shall be in accordance with the directions indicated on the returns form.
• Following notification of cancellation any sum relating to the cancelled order shall be credited to you within 10 working days upon receipt of the returned Goods, provided that the Goods are returned by you to us in the condition in which they were delivered.
• You will pay for the cost of return of the Goods unless the Goods are faulty or damaged as a direct result of Rock & Rain Ltd’s manufacture / handling.
• The right of cancellation shall not apply to personalised goods or to goods made to your specification.
• Rock & Rain Ltd will not accept responsibility for items lost in the post when being returned to us and we recommend insuring your parcel on return.
• Returns not notified in writing or outside the 7 day cooling off period will be outside of the distance selling regulations and will be discretionary.
WHERE SHOULD I SEND MY RETURNS?
• If you are returning goods for refund or exchange please send them, along with your returns form to:
Returns Dept
Rock & Rain Ltd
Bela Suite, Clawthorpe Hall Business Centre, Burton, Carnforth, Lanes LA6 1NU
EXCHANGE PROCEDURE
• Rock & Rain Ltd & rockandrain.co.uk will be happy to exchange most products within 1 month of despatch as long as the goods are returned unused & unopened & we have stock available for the purpose of the exchange.
• If goods are faulty or damaged through direct fault of Rock & Rain Ltd, we will offer an exchange for the same item up to 6 months after despatch. Subject to stock being available.
LIABILITY
• Our liability to you for the Goods shall be limited to the purchase price of the Goods.
• Rock & Rain Ltd shall not be liable for any loss of use, loss of revenue or loss of profit by you.
• We do not accept liability for any errors and/or omissions contained in our website or marketing material and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
• If an error is discovered in the price of the goods that you have ordered, we will contact you as soon as possible. We will be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on rockandrain.co.uk is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the subject product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 10 days of the date of order.
• In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 10 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary.
• We have taken every measure to provide accurate product images for each product for sale on the site. However, due to a number of different factors, we cannot be held responsible or liable for any differences in colour between the image and the actual product.
• We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
ROCK & RAIN LTD PRIVACY POLICY
• We are committed to safeguarding the privacy of our website visitors; in this policy we explain how we will treat your personal information.
• We will ask you to consent to our use of cookies in accordance with the terms of this policy when you first visit our website
COLLECTING PERSONAL INFORMATION
• We may collect, store and use the following kinds of personal information:
– Information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths)
– Information that you provide to us when registering with our website (including your email address)
– Information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address)
– Information relating to any purchases you make of our goods and/or services or any other transactions that you enter into through our website (including your name, address, telephone number, email address and card details)
– Information that you post to our website for publication on the internet (including your user name, your profile pictures and the content of your posts)
– Information contained in or relating to any communications that you send to us or send through our website (including the communication content and meta data associated with the communication)
– Any other personal information that you choose to send to us
• Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this policy.
USING YOUR PERSONAL INFORMATION
• Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.
• We may use your personal information to:
– administer our website and business
– personalise our website for you
– enable your use of the services available on our website
– send you goods purchased through our website
– supply to you services purchased through our website
– send statements, invoices and payment reminders to you, and collect payments from you
– send you non-marketing commercial communications
– send you email notifications that you have specifically requested
– send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter)
– send you marketing communications relating to our business (or the businesses of carefully-selected third parties) which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications)
– provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information)
– deal with enquiries and complaints made by or about you relating to our website
– keep our website secure and prevent fraud
– verify compliance with the terms and conditions governing the use of our website
• By providing your details and accepting these terms and conditions you consent to receipt of unsolicited marketing communications and email newsletters relating to our business (or the businesses of carefully-selected third parties) which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications)
• We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party’s direct marketing.
• All our website financial transactions are handled through our payment services provider, Elavon. You can review the provider’s privacy policy at www.elavon.co.uk. We will share information with our payment services provider only to the extent necessary for the purposes of processing payments you make via our website, refunding such payments and dealing with complaints and queries relating to such payments and refunds.
DISCLOSING PERSONAL INFORMATION
• We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.
• We may disclose your personal information:
– to the extent that we are required to do so by law;
– in connection with any ongoing or prospective legal proceedings;
– in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
– to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling
– to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
• Except as provided in this policy, we will not provide your personal information to third parties.
INTERNATIONAL DATA TRANSFERS
• Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.
RETAINING PERSONAL INFORMATION
• This Section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.
• Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
• Notwithstanding the other provisions of this Section, we will retain documents (including electronic documents) containing personal data:
– to the extent that we are required to do so by law;
– if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and
– in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).
SECURITY OF YOUR PERSONAL INFORMATION
• We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
• We will store all the personal information you provide on our secure (password- and firewall-protected) servers.
• All electronic financial transactions entered into through our website will be protected by encryption technology.
• You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
• You are responsible for keeping the any passwords that you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).
AMENDMENTS
• We may update this policy from time to time by publishing a new version on our website.
• You should check this page occasionally to ensure you are happy with any changes to this policy.
• We may notify you of changes to this policy by email.
YOUR RIGHTS
• You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:
– the payment of a fee (currently fixed at GBP 10); and
– the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address)
• We may withhold personal information that you request to the extent permitted by law.
• You may instruct us at any time not to process your personal information for marketing purposes.
• In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
THIRD PARTY WEBSITES
• Our website includes hyperlinks to, and details of, third party websites.
• We have no control over, and are not responsible for, the privacy policies and practices of third parties.
UPDATING INFORMATION
• Please let us know if the personal information that we hold about you needs to be corrected or updated.
COOKIES
• Our website uses cookies.
• A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
• Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
• Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
• We use both session and persistent cookies on our website.
• The names of the cookies that we use on our website, and the purposes for which they are used, are set out below:
– Essential cookies. These cookies allow you to use the basic functionality of our website. For example, browsing our products, ordering and paying for items, checking your account information and viewing your order history.
– Performance cookies. They allow us to get to know how you use our website. They can be used to analyse visitor information such as usage, visitor numbers and help us see how effective our advertising is and to understand what you like. We may also use this information to help improve our website, make our marketing more relevant and improve the user experience.
– Functionality cookies. They allow us to provide additional functionalities to the website, and will retain some settings information. Whilst not essential for the functionality of our site, they do enable extra features that should improve your shopping experience.
• Most browsers allow you to refuse to accept cookies; for example:
– in Internet Explorer (version 10) you can block cookies using the cookie handling override settings available by clicking “Tools”, “Internet Options”, “Privacy” and then “Advanced”;
– in Firefox (version 24) you can block all cookies by clicking “Tools”, “Options”, “Privacy”, selecting “Use custom settings for history” from the drop-down menu, and unticking “Accept cookies from sites”; and
– in Chrome (version 29), you can block all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Content settings”, and then selecting “Block sites from
• Blocking all cookies will have a negative impact upon the usability of many websites.
• If you block cookies, you will not be able to use all the features on our website.
• You can delete cookies already stored on your computer; for example:
– in Internet Explorer (version 10), you must manually delete cookie files (you can find instructions for doing so at http://support.microsoft.com/kb/278835);
– in Firefox (version 24), you can delete cookies by clicking “Tools”, “Options” and “Privacy”, then selecting “Use custom settings for history”, clicking “Show Cookies”, and then clicking “Remove All Cookies”; and
– in Chrome (version 29), you can delete all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Clear browsing data”, and then selecting “Delete cookies and other site and plug-in data” before clicking “Clear browsing data”.
• Deleting cookies will have a negative impact on the usability of many websites.
ENTIRE AGREEMENT
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Rock & Rain Ltd and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation except where that representation has been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
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LAW
These terms and conditions shall be governed by and construed according to English law and the English courts shall have exclusive jurisdiction regarding any claim or matter arising under the terms and conditions.