General Terms and Conditions of ROCKMERCH Ltd
These General Terms and Conditions (GTC) shall apply to all orders made via the web shop at www.ROCKMERCH.co.uk and using the ROCKMERCH App. Contractual partner for all orders will be ROCKMERCH LTD The version of the GTC current at the time of order shall be applicable. Deliveries are only possible within England, Scotland, Wales and Northern Ireland.
- Conclusion of Agreement
The displaying of articles in the web shop does not constitute a contractually binding offer from ROCKMERCH LTD, but is only an invitation to place an order. You can find the minimum order value in the price table . You may only order articles in typical household quantities or in the maximum quantity indicated on the respective product detail page. If you click on the button “Buy now” you place a binding order for the articles contained in the shopping basket. We will send you an order confirmation by email immediately after receipt of your order. This does not constitute the conclusion of a purchase agreement. An agreement will only be concluded if we have expressly accepted your order or we have executed delivery to the corresponding extent. We will store the text of the purchase agreement (the content of your order as well as these GTC) and we will send it to you upon request. ROCKMERCH LTD shall remain the owner of the goods until complete payment of the purchase price.
- Prices and Shipping Costs
The prices indicated in the web shop at the time of order shall be applicable. The prices indicated include the statutory value added tax. Shipping costs and other potential separate charges incurred depending on the payment method will be added. You can find the shipping costs and further charges in the price table .
- Terms of Payment
We reserve the right to not make certain types of payment available for individual orders. If costs accrue for the money transaction you will have to bear these costs.
- Delivery and Time of Delivery
We estimate delivery at 3 to 5 working days, working days do not include weekends and UK National Bank Holidays. In the event of concern at non delivery by the royal mail after 14 Working Days we will request a formal investigation to locate your item.
- We do not provide refunds for items in the process of delivery unless confirmation of Non Delivery has been received from the Royal Mail. If you opt to use chargeback to receive a refund for goods en-route and goods are delivered, this will be considered fraud. We will contact you initially via your registered email address to request either cancellation of the chargeback process, or return of the good is as new condition at your cost. Failure to return goods will mean that formal evidence will be provided to both your bank and the police of the chargeback fraud. If your bank fail to refund us for the goods, we reserve the right to pursue the individual for the full value of the goods, plus £15.58 per transaction in chargeback fees. If goods are not returned an additional charge of £20 for each letter sent will be added to the outstanding amount plus interest at 3% above UK Base Rate. Subject to the value of the goods cases will be raised in the small claims court, the court has in its power to add a CCJ (county court judgement) to your credit file plus a demand for immediate payment, if necessary to recover funds we will request high court enforcement which will incur additional charges which the court will add to the balance at its discretion.
- International Customer Service
We will provide you with accessible, convenient and comprehensive customer service.
- Liability and Warranty
ROCKMERCH LTD shall be liable without limitation for willful misconduct or gross negligence by ROCKMERCH LTD , its legal representatives or vicarious agents. ROCKMERCH LTD shall be liable for slightly negligent breaches of material contractual duties (cardinal duties) for the foreseeable damage typical for this type of agreement. Material contractual duties are obligations, the breach of which jeopardizes the purpose of the agreement or the fulfilment of which is crucial for the proper performance of the agreement and on which a contracting party may normally rely. ROCKMERCH LTD shall not be liable for the slightly negligent breach of obligations other than the ones stated in the preceding sentences.
The above limitations on liability shall not apply to injury to life, body or health, to a defect after assumption of a warranty for the condition of the product or to fraudulently concealed defects. Liability pursuant to the UK Product Liability Act shall remain unaffected.
To the extent that the liability of ROCKMERCH LTD is excluded or limited, this shall also apply to the personal liability of representatives and vicarious agents of ROCKMERCH LTD. Of course, you shall be entitled to statutory warranty rights.
- Right of Revocation and Returns
8.1 Right of Revocation and Exceptions
You may revoke your order pursuant to the statutory right of revocation without specifying any reason. For more detailed information, please refer to the right of revocation policy. To exercise the right of revocation, you can use our revocation form or you can formulate your own declaration of revocation. You will need the Adobe Acrobat Reader (available free of charge) for displaying and printing the information regarding returns. For returns, we shall provide you with a return label available in the returns portal. You are not obliged to use such a return label.
Please note:The right of revocation does not apply to agreements
• for the delivery of audio or video recordings or computer software, such as games (eg. CDs, LPs, DVDs) in a sealed package if the seal was removed after delivery;
• for the delivery of tickets for events of any kind with a specific date or period (e.g. concerts);
• for the delivery of goods which are not prefabricated and for the manufacturing of which you have made an individual selection or designation or which have been clear-ly tailored for your personal needs; for the delivery of goods which are not suitable for return for reasons of public health or hygiene where the seal was removed (e.g. piercings, contact lenses).
• concerning services where ROCKMERCH LTD has completely rendered the service and if you were aware and have expressly agreed prior to ordering that we can begin rendering the service and you will lose your right of revocation upon complete fulfilment of the agreement.
Standard revocation policy for exercising your right of revocation regarding agreements for the purchase of goods
Right of Revocation
You have the right to revoke this agreement without providing grounds within fourteen days.
The revocation period is 14 days and starts to run from the date on which you, or a third party authorised by you, other than the carrier, has taken delivery of the goods or, for digital contents which are not delivered on a physical data carrier (e.g. CDs or DVDs) and services, from the date of the conclusion of the agreement.
In order to exercise your rights of revocation, you must contact us at
22 Crane Terrace, Wolverhampton, WV6 9LX
Mon-Fri: 8.00am – 5.00pm (except public holidays)
Inform us through an express declaration of your decision to revoke this agreement (e.g. a letter sent by post, telefax or email). You may use the sample revocation form attached below, yet this is not mandatory.
For adherence to the revocation term it is sufficient that you send the notification regarding your exercising of your rights of revocation prior to the expiry of the revocation term.
Consequences of Revocation
In the event that you should revoke this agreement, we shall return all payments that we have received from you including delivery costs (excluding additional costs arising from you selecting a form of delivery other than the standard, low-cost delivery we offer), at the latest within fourteen days from the date that we receive your notification of revocation of this agreement. For this refund we shall utilize the same payment method that you used for the original transaction, unless any alternative method is expressly agreed with you; under no circumstances will you be subjected to charges for this refund. We may refuse to execute the refund until we have received the returned goods, or until you have provided proof that you have returned the goods, whichever date is earlier.
You will have to return the goods to us without undue delay and no later than within fourteen days of the date on which you informed us of your revocation of the agreement. The deadline is deemed to have been met if you dispatch the goods before the expiry of the fourteen day period.
The immediate cost of returning the goods shall be borne by us. You shall only bear any loss of value to the goods if such a loss of value results from any handling of the goods other than that which is necessary to ascertain the nature and functioning of the goods.
In the event that you have requested that the services or the supply of water/gas/electricity/district heating should start during the revocation period, you shall be required to pay us a reasonable sum for the proportion of services already provided up to the point in time that you notify us of your exercising of the rights of revocation in comparison to the full range of services intended in the agreement.
8.2 Our Voluntary Take-back Guarantee Without prejudice to your statutory right of revocation, we grant you a voluntary take-back guarantee extended to a total of 30 days for articles which are also subject to the statutory right of revocation. The prerequisite for the 30 day take-back guarantee is that you have worn/tried out the goods only for fitting, as in a retail shop, and that you return the goods completely, in their original state, intact and without damage, in the original retail packaging. Apart from that, the same conditions shall apply to the voluntary take-back guarantee as to the statutory right of revocation (see revocation policy above), extended to 30 days.