Terms & Conditions
Terms of Sale
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, ("Our Site"). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
"Contract" means a contract for the purchase and sale of Goods, as explained in Clause 8;
"Goods" means the goods sold by Us through Our Site;
"Order" means your order for Goods;
"Order Confirmation" means our acceptance and confirmation of your Order;
"Order Number" means the reference number for your Order; and
"We/Us/Our" means Rockit Children’s Boutique Ltd., a company registered in England under 12078633.
2. Information About Us
2.1 Our Site, www.rockitkids.co.uk, is [owned and operated by Rockit Children’s Boutique Ltd., a limited company registered in England under 12078633 Our VAT number is 328 0281 19.
3.1 The Agreement applies to any purchases made by you, and any sale made by us, of the items described on the Website. If you do not wish to be bound by the Agreement, you must not use the Website or order any items from us.
3.2 Buyers must be over 18 years old and have full legal capacity.
3.3 We reserve the right to modify this Agreement. The Agreement in force at the time an order is accepted will govern any particular order. In the event that we make any amendment to this Agreement which is materially detrimental to you, we will ensure that the amendment does not become effective for at least one month after the change is made.
3.4 We will keep a record of this Agreement and dates of any changes made and we recommend that you print and keep a copy of this Agreement.
4. Goods and Availability
4.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
4.1.1. Images of Goods are for illustrative purposes only. There may be slight variations in colour or textures between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
4.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
4.2 Where appropriate, you may be required to select the required size, colour and number of the Goods that you are purchasing.
4.2.1 In the event that an item is out of stock, you will be informed as soon as practically possible. The order relating to the unavailable item will be cancelled and a full refund will be made including any delivery charges. Where your order is for multiple items, the rest of the order will remain valid.
5. Orders: How Contracts Are Formed
5.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
5.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
5.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. [Our acknowledgement of receipt of your Order does not mean that we have accepted it.] Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
5.4 Order Confirmations shall contain the following information:
5.4.1 Your Order Number;
5.4.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
5.4.3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
5.4.4 Estimated delivery date(s) [and time(s)]
We will also include a paper copy of the Order Confirmation with your Goods.
5.5 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 days.
5.6 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods [unless you specifically request that We make a refund using a different method].
6.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Goods.
6.2 We accept the following methods of payment on Our Site:
6.2.1 Credit or debit card
7. Delivery, Risk and Ownership
7.1 All Goods purchased through Our Site will normally be delivered by the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14).
7.2 If you are not present at the time of delivery, a delivery note will be left inviting you to contact the delivery company directly in order to arrange collection or"if you have selected a courier service when placing your order"re-delivery at a convenient time. If the delivery company is unable to deliver to you the parcel may be returned to the postal service"s sorting office or the courier's warehouse and you will be contacted. If the delivery company then returns the items to us, we will refund you for the value of the items ordered but not for the delivery charge.
7.3 If after thirty days following notification of the tracking number you have not received the parcel or a delivery note, you must email us at email@example.com. If the parcel is found it will be sent to you immediately. In the event that the parcel has been lost, we will refund the total amount of the order including delivery costs.
7.4 In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
7.4.1 We have refused to deliver your Goods; or
7.4.2 In light of all relevant circumstances, delivery within that time period was essential; or
7.4.3 You told Us when ordering the Goods that delivery within that time period was essential.
7.5 If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
7.6 You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 7 working days. Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Goods.
7.7 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address [including, where relevant, any alternative address] you have provided.
7.8 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
7.9 Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Goods [unless you specifically request that We make a refund using a different method].
8. Faulty, Damaged or Incorrect Goods
8.1 We take care when dispatching orders but we recommend that when you receive your order, you carefully check the item(s) received. Any incorrectly delivered item, or item with a fault, must be notified to us either via the Website or by email to within 7 days of receipt.
8.2 You must return any incorrectly delivered or faulty item(s) to us as soon as possible, and at the latest within 30 days of receipt of the item. We will send you a prepaid shipping label to use.
8.3 We will provide a full refund including delivery costs for a faulty item and, where requested by you, we can send a replacement item subject to availability.
9. Cancelling and Returning Goods if You Change Your Mind
9.1 You may cancel and return your order to Us within 14 calendar days of receipt for a full refund excluding delivery costs. The cancellation period will expire 14 days after you take delivery of your order. Returns arriving us with a postmark outside of the 14-day eligibility window will not qualify for a refund. We may or may not ship such a return back to you as a gesture of goodwill, at our discretion.
9.2 Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:
9.2.1 The day on which We receive the Goods back.
9.3 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods [unless you specifically request that We make a refund using a different method].
9.4 You will not have a right cancel and return your order for any goods that (a) have been made to your specifications or are personalised, or (b) you have unsealed and are unsuitable for return unsealed due to health protection or hygiene reasons, such as underwear, and jewellery items designed for piercings.
9.5 To exercise your right to return a product received from us, you must return the product to us within the cancellation period specified in paragraph 9.1.2, to ROCKIT Returns, 3 Austen Close, Northampton NN5 4WF, marked clearly with your Order Number. Alternatively, you may notify us by any durable medium of your intention to return the product (e.g. by letter to the same address) within the cancellation period specified in paragraph 9.1.2.
9.6 If you cancel any items from your order, we will reimburse to you all payments received from you for those items. The product must be returned in its original, unused condition, with tags attached. We will make a reduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
9.7 We will make the reimbursement without undue delay, and not later than (a) 14 days after the day we receive back from you the good we"ve supplied that you wish to return or (b), if earlier, 14 days after the day you provide evidence that you have returned the goods. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless both we and you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
9.8 Returned products will not be eligible for a refund if (a) they are not marked with your Order Number and therefore cannot be identified, or (b) if they are not received by us. We do not refund items that are lost in transit, and strongly recommend the use of a tracked delivery service.
9.9 You will have to bear the cost of returning the goods.
9.10 Where, from time to time, we choose to offer a pre-paid returns service, this service will be provided by Royal Mail and will be available for orders shipped to UK addresses only; the consignment will remain your property and liability until received at our warehouse, and will be insured to a value of "100. In the event that eligible products being returned via our pre-paid returns service are lost in transit, the products will not qualify for a refund, and it will be your responsibility to recover eligible losses directly from Royal Mail. For high-value returns, we therefore recommend that you use a courier service of your own choosing, at your own cost, and with an insurance level commensurate with the value of your return.
10. Our Liability to Consumers
10.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
10.2 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
11. Events Outside of Our Control (Force Majeure)
11.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
11.2 If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
11.2.1 We will inform you as soon as is reasonably possible;
11.2.2 We will take all reasonable steps to minimise the delay;
11.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
11.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
11.2.5 If the event outside of Our control continues for more than 14 working days. We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 working days of the date on which the Contract is cancelled;
11.2.6 If an event outside of Our control occurs and continues for more than 14 working days and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience If you would prefer to contact Us directly to cancel, please use the following details:
Telephone: 01604 585377
Post: Rockit Children’s Boutique, 3 Austen Close, Northampton NN5 4WF
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.
12. Communication and Contact Details
12.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 01604 585377, by email at , or by post at Rockit Children’s Boutique, 3 Austen Close, Northampton NN5 4WF.
12.2 For matters relating the Goods or your Order, please contact Us by telephone at 01604 585377, by email at , or by post at Rockit Children’s Boutique, 3 Austen Close, Northampton NN5 4WF.
12.3 For matters relating to cancellations, please contact Us by telephone at at 01604 585377, by email at , or by post at Rockit Children’s Boutique, 3 Austen Close, Northampton NN5 4WF or refer to the relevant Clauses above.
13. Complaints and Feedback
13.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
13.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
13.2.1 In writing, addressed to The Owner, Rockit Children’s Boutique, 3 Austen Close, Northampton NN5 4WF
13.2.2 By email, addressed to The Owner
14. How We Use Your Personal Information (Data Protection)
14.1 All personal information that We may collect (including, but not limited to, your name, address, email address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
14.2 We may use your personal information to:
14.2.1 Provide Our Goods and services to you;
14.2.2 Process your Order (including payment) for the Goods; and
14.2.3 Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
14.3 In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
14.4 We will not pass on your personal information to any third parties [without first obtaining your express permission].
15. Other Important Terms
15.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
15.2 You may transfer (assign) the benefit of Our Goodwill Guarantee in Clause 12 to any person to whom you transfer ownership of the Goods after you have completed purchasing the Goods from Us (for example, by selling the Goods to that person or giving them the Goods as a gift).
15.3 You may not transfer (assign) your [other] obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
15.4 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale. [This is subject to sub-Clause 18.2 and any purchaser to whom the guarantee has been transferred under that sub-Clause will be entitled to enforce the guarantee.]
15.5 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
15.6 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
15.7 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 28 days of your cancellation.
16. Law and Jurisdiction
16.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
16.2 If you are a consumer, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
16.3 If you are a business, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
17. Promotional Codes
17.1 Only one promotional code can be used at any given time unless otherwise stated
17.2 Under no circumstances can the value of a discount code be deducted from an order if the code is defective or out of date. No replacement codes will be issued in this case.
17.3 When an order is placed using a promotional code and contains a number of items, the value of the discount is spread over each item.
17.4 Any refund of an item purchased using a promotional code will be reduced by the value of the discount attached to it. The discount will not be refunded.
17.5 These Terms and the Contract between us are governed by English law.
18. Christmas Returns
Orders placed on or after the 25th November 2019 for Christmas gifts can be returned up to 15th January 2020.