ROKiT Enterprises Limited Terms and Conditions

These Terms and Conditions, together with our Privacy Policy and our Returns, Refunds and Cancellations Policy (collectively the "Terms"), set out the terms and conditions upon which we sell the products listed on our website.

1. Definitions and Interpretation

1.1 In these Terms and Conditions the following words have the following meanings, except where the context requires otherwise:

"Clause" means a clause in these Terms and Conditions;

"Contract" means a contract between us and you for the purchase and supply of Products which comprises the Terms;

"Force Majeure Event" means any act or event beyond our reasonable control, including strikes or other industrial action by third parties, riot, invasion, terrorist attack or threat of terrorist attack, war, fire, flood, storm, explosion, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of any method of public or private transport;

"Products" means the goods listed on the Website supplied or to be supplied by us to you pursuant to a Contract;

"we", "us" or "our" means ROKiT Enterprises Limited, trading as ROKiT Spirit (Company Number 10800456), a company registered in England whose registered office is at ROKiT House, Kingswood Business Park, Holyhead Road, Albrighton, Wolverhampton, WV7 3AU. Our VAT number is GB 326 9674 64;

"Website" means the online shop maintained by us at shop.rokitspirit.co.uk; and

"you" and "your" refers to any individual who submits an order for Products.

1.2 In these Terms and Conditions:

(i) Clause headings are for convenience only and shall not be taken into account in the interpretation of these terms and conditions;

(ii) the singular includes the plural and vice versa; and

(iii) the words "include", "including" and "in particular" shall be construed as being by way of illustration or emphasis only and shall not be construed as, nor shall they take effect as, limiting the generality of the foregoing.

1.3 Please read the Terms carefully and make sure that you understand them before ordering any Products from the Website.

1.4 Before placing an order for Products you will be asked to agree to the Terms. If you do not agree to the Terms you will not be able to order any Products.

1.5 We may amend the Terms from time to time at our discretion. Every time you place an order for Products, the Terms in force at the time of your order will apply to the Contract between you and us. Accordingly, please read through the Terms each time you wish to place an order for Products.

2. Minimum Age

2.1 You must be aged 18 or over in order to buy Products from us. Under the Licensing Act 2003 it is an offence for anyone under the age of 18 to buy or attempt to buy alcohol, and for anyone to buy alcohol on behalf of a person under 18. By placing an order for Products you are confirming that you are aged 18 or over.

2.2 If your order is not for you but for someone else, you are responsible for ensuring that the recipient is aged 18 or over.

2.3 We, or our delivery partner, may ask for proof of age at the time of delivery. We reserve the right not to hand over alcohol if the person receiving the delivery appears to be under 18 and cannot provide acceptable proof of age, or appears to be intoxicated. If proof of age cannot be provided, the order will be returned to us and we will refund the price of the Products, less the delivery charge.

3. Contract Formation

3.1 Your order for Products is an offer by you to buy Products from us. We will confirm receipt of your order by email; however, a contract is only formed, and we will only be bound to supply the Products, when we have despatched your order. We will email you to confirm despatch.

3.2 At any time before the despatch of your order we may reject your order. If we do so, we will tell you and refund in full any payment you have made for that order.

4. Prices and Payment

4.1 The prices of Products are as shown on the Website at the time you place your order and include VAT where applicable. Delivery charges, if any, are shown at checkout before you place your order.

4.2 Payment for Products is made at checkout through Shopify's secure checkout (including Shopify Payments), using the payment methods displayed at checkout. These include major credit and debit cards and other methods such as Apple Pay, Google Pay and Shop Pay where available.

4.3 We do not store your full card details. Payments are processed by our payment provider in accordance with its own security standards.

5. Delivery

5.1 We will contact you with an estimated delivery date, which will be within 30 days after you place your order. Further information is set out in our Shipping Policy.

5.2 Delivery of an order takes place when we deliver the Products to the address given by you. The Products will be your responsibility from the time of delivery.

5.3 If no one is available at the address you give for delivery, we will either deliver the Products in accordance with your instructions (for example, by leaving them with a neighbour, provided that the neighbour is aged 18 or over where the order contains alcohol) or leave you a note explaining what you need to do to have the Products re-delivered.

5.4 You will own the Products once we have received payment in full, including all applicable delivery charges, and the Products have been delivered to you.

5.5 If your order has not arrived, please tell us within 7 working days of your estimated delivery date so that we can investigate. This does not affect your statutory rights.

6. Cancellation Policy and Refunds

6.1 In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have the right to cancel your order within 14 days (starting from the day after the Products are delivered to you) and return the Products to us for a refund, provided that the Products are in reasonable condition and that your notice to cancel is given to us in writing. Full details are set out in our Returns, Refunds and Cancellations Policy.

6.2 In order to cancel your order you must send written notice to us, setting out your order number, name, address and email address, using one of the methods below:

(i) by email to uksales@rokitspirit.com – notice will be deemed to have been given on the day on which it was sent; or

(ii) by post to ROKiT Enterprises Limited, ROKiT House, Kingswood Business Park, Holyhead Road, Albrighton, Wolverhampton, WV7 3AU – notice will be deemed to have been given on the day on which it was posted.

We will email you to confirm once we have received your notice of cancellation.

6.3 If you cancel your order in accordance with Clauses 6.1 and 6.2:

(i) you must return the Products to us without undue delay and no later than 14 days after the day on which you gave us notice of cancellation;

(ii) unless the Products are faulty or not as described (in which case your statutory rights will apply), you will be responsible for the cost of returning the Products;

(iii) we will refund to you the price you paid for the Products, less an amount to reflect any reduction in the value of the Products caused by handling them beyond what is necessary to establish their nature, characteristics and functioning (for example, drinks that have been opened or clothing that has been worn, washed or had its tags removed); and

(iv) we will refund any delivery costs you have paid up to a maximum to reflect the least expensive delivery method we offer (provided that this is a common and generally acceptable method) – for example, if we offer delivery of Products within 7 days at a lower cost but you choose to have the Products delivered the next day at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

6.4 We will make refunds due to you to the payment method you used to pay, without undue delay and within 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide evidence that you have sent them back. If you cancel before the Products have been despatched, we will refund you within 14 days of receiving your notice of cancellation.

6.5 If any Product is broken or spoilt on delivery, or does not live up to our usual standards, we will replace it. Please see our Returns, Refunds and Cancellations Policy for how to tell us.

7. Warranties

7.1 Products supplied by us will be of satisfactory quality, reasonably fit for the purpose for which products of the same kind are commonly supplied, and as described, provided that you have stored and handled the Products in accordance with any instructions provided by us.

7.2 If a Product is faulty or not as described, you have legal rights under the Consumer Rights Act 2015, including the right to reject the Product for a full refund within 30 days of delivery and, after that, to a repair or replacement or, in some cases, a refund. These rights are not affected by Clause 6 or by anything else in the Terms.

8. Using Your Personal Information

8.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

9. How To Contact Us

9.1 To cancel an order in accordance with your legal rights as set out in Clause 6, you can contact us by one of the ways listed in Clause 6.2.

9.2 If you wish to contact us for any other reason, including because you have any complaints, you can do so by telephone on +44 (0)1902 374 896 or by email to uksales@rokitspirit.com.

9.3 If we need to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.

10. Our Liability

10.1 If we fail to comply with these Terms we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.

10.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.3 We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be excluded or limited by law.

10.4 Nothing in the Terms will affect your statutory rights.

11. Force Majeure

11.1 We will not be liable or responsible for any failure to perform, or delay in performing, any of our obligations under a Contract that is caused by a Force Majeure Event.

11.2 If a Force Majeure Event arises that affects the performance of our obligations under a Contract:

(i) we will contact you as soon as we can to notify you; and

(ii) our obligations under the Contract will be suspended and the time for performing our obligations will be extended for the duration of the Force Majeure Event.

11.3 You may cancel a Contract affected by a Force Majeure Event which has continued for more than 30 days. To cancel, please contact us. If you opt to cancel, you will have to return (at your cost) any Products you have already received and we will refund the price you have paid, including any delivery charges for Products you have not received.

12. General

12.1 The Terms constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, arrangements, understandings or agreements between us relating to the subject matter of the Contract.

12.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under the Contract.

12.3 You may not transfer your rights or your obligations under a Contract to any other person, company or other entity without our prior written agreement.

12.4 The Contract is between you and us. No other person, company or other entity will have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

12.5 If we fail to insist that you perform any of your obligations under a Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

12.6 The Terms and the Contract are governed by English law. The courts of England will have jurisdiction in relation to any proceedings or dispute concerning or arising out of these Terms and the Contract.

12.7 As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including Clause 12.6, affects your rights as a consumer to rely on such mandatory provisions of local law, and if you live in Scotland or Northern Ireland you may also bring proceedings in your local courts.