New Rock Direct Terms & Conditions
- Definitions and interpretation
- In this Agreement “we” means KG Retail Limited. (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.newrockdirect.co.uk or any successor site operated by us;
- About us
- The site is owned and operated by KG Retail Limited. Our company registration number is 404658. The company registered office is KG Retail Limited, Spalding House, 90 - 92 Queen Street, Broughtyferry. Dundee. DD5 1AJ. Our contact email address is email@example.com.
- 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 contract.
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 Paypal.
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 7 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 production process.
- We aim to ship worldwide, ** at our discretion** however, from time to time there may be some exceptions, due to courier routes and/or pricing.
- 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. We cannot except a custom made style return for a size exchange or refund. Items that are advertised within the categories Sales, Hell, Outlet and Clothing are excluded from our standard returns policy. All returns must be received within the 30 day return period or a restocking charge will occur.
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 defective Products. Adornments/metal wear on boots and shoes are not covered by our no quibble returns policy as metal wear/adornments are decorative items.
- 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 recieved in a condition suitable for restocking. Condition includes Product and packaging.
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 7 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 are cleared.
- 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.
(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 deemed omitted.
(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 written.
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.