Terms & Conditions
These terms and conditions govern your use of our website. Please
read these terms in full before you use this website. If you do not
accept these terms and conditions, please do not use this website. Your
continued use of this website confirms your acceptance of these terms.
1.1 It is not necessary to register with us in order
to use most parts of this website. However, particular areas of this
website will only be accessible only if you have registered.
Use of website
1.2 This website may be used for your own private purposes and in accordance with these terms and conditions.
1.3 You may print and download material from this
website provided that you do not modify or reproduce any content without
our prior written consent.
1.4 All reasonable measures are taken by us to
ensure that this website is operational all day, every day. However,
occasionally technical issues may result in some downtime and
accordingly we will not be liable if this website is unavailable at any
1.5 Where possible we always try to give advance
warning of maintenance issues that may result in website down time but
we shall not be obliged to provide such notice.
Visitor provided material
1.6 Any material that a visitor to this website
sends or posts to this website shall be considered non-proprietary and
non confidential. We shall be entitled to copy, disclose, distribute or
use for such other purpose as we deem appropriate all material provided
to us, with the exception of personal information, the use of which is
1.7 When using this website you shall not post or send to or from this website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to
incite racial hatred, in breach of confidentiality or privacy, which
may cause annoyance or inconvenience to others, which encourages or
constitutes conduct that would be deemed a criminal offence, give rise
to a civil liability, or otherwise is contrary to the law in the United
(c) which is harmful in nature including, and without limitation,
computer viruses, Trojan horses, corrupted data, or other potentially
harmful software or data.
1.8 We will fully co-operate with any law
enforcement authorities or court order requiring us to disclose the
identity or other details of any person posting material to this website
in breach of Paragraph 1.7.
Links to and from other websites
1.9 Throughout this website you may find links to
third party websites. The provision of a link to such a website does not
mean that we endorse that website. If you visit any website via a link
on this website you do so at your own risk.
1.10 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or
products of another party unless this has been agreed with us in
(b) you do not misrepresent your relationship with this website; and
(c) the website from which you link to this website does not contain
offensive or otherwise controversial content or, content that infringes
any intellectual property rights or other rights of a third party.
1.11 By linking to this website in breach of clause
1.10 you shall indemnify us for any loss or damage suffered to this
website as a result of such linking.
1.12 Whilst we do take all reasonable steps to make
sure that the information on this website is up to date and accurate at
all times we do not guarantee that all material is accurate and, or up
1.13 All material contained on this website is
provided without any or warranty of any kind. You use the material on
this website at your own discretion.
Exclusion of liability
1.14 We do not accept liability for any loss or damage that you suffer as a result of using this website.
1.15 Nothing in these terms and conditions shall
exclude or limit liability for death or personal injury caused by
negligence which cannot be excluded or under the law of the United
Law and jurisdiction
These terms and conditions are governed by English law. Any dispute
arising in connection with these terms and conditions shall be subject
to the exclusive jurisdiction of the Courts of England and Wales.
- Definitions and interpretation
- In this Agreement “we” Rock and Goth. (and “us” and “our” shall be
construed accordingly); and “you” means the relevant customer or
potential customer as the case may be (and “your” shall be construed
accordingly). In this Agreement, the following definitions shall apply:
“Agreement” means this agreement incorporating any the displayed terms and conditions;
“Order” means your order for Products made via the Site;
“Products” means goods which may be purchased by you from the Site;
“Site” means the website at www.rockandgoth.com or any successor site operated by us;
- About us
- The site is owned and operated by Rock and Goth. The company
registered office is Rock and Goth House, 4 Mount Avenue, Halifax, West
Yorkhire, GB. Our contact email is firstname.lastname@example.org
- This Agreement
- The advertising of Products on the Site constitutes an “invitation
to treat”; and your Order for Products constitutes a contractual offer.
No contract comes into force between you and us unless and until we
accept your Order. In order to enter into this Agreement with us, you
will need to take the following steps:
(i) you must add the Products you wish to purchase to your shopping cart, and then proceed to the checkout;
(ii) once there, you must select your preferred method of delivery and
confirm your Order and your consent to the terms of this Agreement;
(iii) you will be transferred to the Paypal website and Paypal will handle your payment;
(iv) we will then send you the First Acknowledgment; and
(v) once we have checked whether we are able to meet your Order, we
will either forward a courier tracking order by email (at which point
this Agreement will become a binding contract) or we refund your payment
through Paypal as notification that we are unable to meet your Order.
Please note that we will not file a copy of this Agreement. We may
update the version of this Agreement on the Site from time to time, and
we do not guarantee that the version you have agreed to will remain
accessible. We therefore recommend that you download, print and retain a
copy of this Agreement for your records.
The only language in which we offer this Agreement is English.
Before you place your Order, you will have the opportunity of
identifying whether you have made any input errors by clicking the 'my
cart' link. You may correct those input errors before placing your Order
from within this Shopping cart page by altering the selected item or
cancelling the item altogether by clicking the 'remove' icon.
- Prices for Products are quoted on the Site. The Site contains a
large number of Products and it is always possible that some of the
Products listed on the Site may be incorrectly priced. We will verify
prices as part of our sale procedures. Errors in pricing or omissions
will be stated prior to making this Agreemnt binding and a credit issued
or invoice raised as appropriate to correct the balance of the
In addition to the price of the Products, you will have to pay a
delivery charge, which will be as stated on the shopping cart when you
pay for the Product.
We may withhold the Products and/or terminate this Agreement if the
price is not received from you in full, on time, in cleared funds.
Prices for Products are liable to change at any time, but changes will
not affect Agreements which have come into force and are binding.
Prices advertised include UK VAT.
Orders placed with us for delivery out with the European Union may be
subject to local taxes and import duties for which we are not liable.
- We will arrange for the Products to be delivered to the address for
delivery indicated in your Order only where the address is confirmed by
We reserve the right not to deliver to any address unconfirmed by
Paypal and in such cases may refund such Orders in full through Paypal
within 14 working days.
We will use reasonable endeavours to deliver standard Products within 14 days of the date of confirming the binding contract.
We cannot guarantee delivery within this 14 day period for standard
Products, we do however guarantee that unless there are exceptional
circumstances all deliveries of standard Products will be dispatched
within 30 days from confirming the binding contract.
Where a product is displayed as "Out of Stock" with a date, this date
is an expected date and is subject to change and extension.
This 14 day delivery period excludes Custom made or Custom built goods
that are subject to estimated production periods as advertised in the
individual products descriptions. We may in some instances ship from the
warehouse in Spain, subject to stock levels.
Products condition must be checked on receipt.
- Pre order styles have an estimated production date, this is subject
to change at any time and we will not be responsible for delays in the
- Risk and Title
- The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you after we receive full
payment of all sums due in respect of the Products (including delivery
charges) and make the contract binding.
- Returns Policy
- European Orders
No returns for any product will be accepted by us if the return is not
first authorised by us. You must contact us for a returns authorisation
notice and clarification on the return or collection method to be used.
Custom Made and Custom Built products are excluded from our standard
returns policy and can only be returned if defective. Items that are
advertised within the categories Sales, Hell, Outlet and Clothing are
excluded from our standard returns policy.
Non European Orders
Non European orders are excluded from our returns policy and goods will
only be accepted as a return if the item is damaged or not as ordered.
- Defective Products
- You may cancel this Agreement if the Products supplied are defective.
Defective Products must be authorised and returned within the terms of
our returns policy. In most instances we will arrange collection of
defective products. Products returned by you because of a defect will be
refunded in full including the cost of sending the Products to you if
applicable the cost of returning the Products to us.
We reserve the right to arrange collection at our expense for defective Products.
Alternatively, if we and you agree, we may supply you with a
replacement or substitute Product. By agreement of both parties a
partial refund may be agreed as a settlement if you choose to accept
- Exchange Products
- Where Products are returned for an exchange for any reason other
than Product defect, we will not cover the cost of return delivery and
reserve the right to charge additional delivery costs for the redelivery
of the exchange item. Exchange Products must be authorised and returned
within the terms of our returns policy and must be received in a
condition suitable for restocking. Condition includes Product and
Where the conditions of the exchange require a price adjustment we will either:
(i) Refund any difference making adjustment for delivery charges
through Paypal within 14 working days of receipt of the goods; or
(ii) Invoice any additional balance due through Paypal. Where a balance
is due by you we will not dispatch goods before these invoiced funds
- We warrant to you that any Product you purchase through the Site will be of satisfactory quality.
You warrant to us that: you have full authority, power and capacity to
enter into this Agreement and that all necessary actions have been taken
to enable you to lawfully enter into this Agreement; you are legally
capable of entering into binding contracts; you are resident in the UK;
you are at least 18 years old; the information provided in the Order is
accurate; and you will be able to accept delivery of the Products as
contemplated in this Agreement. Subject to the warranties set out in
above, to the maximum extent permitted by applicable law we disclaim all
warranties with respect to the Products, whether express or implied.
- Limitations of liability
- Nothing in this Agreement shall limit or exclude your or our liability for:
(i) death or personal injury caused by negligence;
(ii) under section 12 of the Sale of Goods Act 1979, section 2 of the
Supply of Goods and Services Act 1982, or section 2(3) of the Consumer
Protection Act 1987;
(iii) for fraud or fraudulent misrepresentation; or (iv) for any matter
for which it would be illegal for to limit or exclude, or attempt to
limit or exclude, liability.
Subject to this:
(i) our liability in connection with any Product purchased through our
site is strictly limited to the higher of the purchase price of the
relevant Product and the replacement cost of the relevant Product;
(ii) we accept no liability for any loss of income or revenue, loss of
business, loss of profits or contracts, loss of anticipated savings,
loss of data, waste of management or office time or for any indirect or
consequential loss or damage of any kind however arising and whether
caused by tort (including negligence), breach of contract or otherwise,
even if foreseeable; and
(iii) we will not be liable or responsible for any failure to perform,
or delay in performance of, any of our obligations under this Agreement
caused by events outside our reasonable control.
All sales are further governed by the terms and conditions of The Consumer Protection (Distance Selling) Regulations 2000.
- General Terms
- (i)Images of Products on the Site are for illustrative purposes;
actual Products may differ from such images. Computer monitors and
scanners vary in their reproduction of colour. Though we strive for
accuracy, all picture colours, products and swatches displayed should be
regarded as approximations. We reserve the right to alter product
specification.Two tone coloured styles will sometimes show the original
colour if scratched or scuffed, this is not a manufacture defect.
(ii)We will treat all your personal information that we collect in
connection with your Order in accordance with the terms of our Privacy
Policy; use of our Site will be subject to our Site Terms and
(iii) This Agreement may only be varied by an instrument in writing
signed by both you and us. We may revise these terms from time-to-time,
but such revisions will not affect the terms of any Agreement which we
have entered into with you.
(iv) If any provision of this Agreement is held invalid or
unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall remain in full force and effect, and
such invalid or unenforceable provisions or portion thereof shall be
(v) No waiver of any term, provision, or condition of this Agreement,
whether by conduct or otherwise, in any one or more instances, will be
deemed to be, or be construed as, a further or continuing waiver of that
term, provision or condition or any other term, provision or condition
of this Agreement.
(vi) You may not assign, charge, sub-contract or otherwise transfer
this Agreement, or any of your rights or obligations arising under this
Agreement. Any attempt by you to do so shall be null and void. We may
assign, charge, sub-contract or otherwise transfer this Agreement, or
any of our rights or obligations arising under this Agreement, at any
time – providing such action does not serve to reduce the guarantees
benefiting you under this Agreement.
(vii) This Agreement is made for the benefit of the parties to it and
is not intended to benefit, or be enforceable by, any other person. The
right of the parties to terminate, rescind, or agree any amendment,
variation, waiver or settlement under this Agreement is not subject to
the consent of any person who is not a party to this Agreement.
(viii) This Agreement contains the complete agreement between the
parties with respect to the subject matter hereof, and supersedes all
prior or contemporaneous agreements or understandings, whether oral or
This Agreement will be governed by and interpreted in accordance with
the laws of Scotland, and the Scottish courts shall have exclusive
jurisdiction with respect to any dispute arising under this Agreement.
- Acceptance of terms
- By using this site, you signify your acceptance of these terms and
conditions. The company reserve the right to modify the terms and
conditions without notice. If you do not wish to accept these conditions
then you may not use or purchase from this site.