Online Terms of Sale

1. Terms of Sale

1.1 These are the terms and conditions on which we supply goods to you online (“products”).

1.2 Before placing an order you will be asked to agree to these terms. If you refuse to accept them, you will not be able to place an order from our website. Please read these terms carefully before you submit your order to us as they provide you with important information about the basis on which we supply products to you.

2. General Information About Us

2.1 This website is operated by ROKiT Enterprises Limited, a company incorporated and registered in England & Wales (Company Number: 10800456). Our registered office address is ROK House Kingswood Business Park, Holyhead Road, Albrighton, Staffordshire, England, WV7 3AU. Our registered VAT number is 326967464.

2.2 If you have any questions, comments or complaints then please contact us by email at uksupport@rokit.com.

2.3 Where you have provided contact details to us in connection with an order, we may contact you by telephone or in writing by the email or postal address you provided to us.

3. Products

3.1 Product images on our websites are for illustrative purposes only. While we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours will accurately reflect the colour of the actual products delivered to you. The product packaging may vary from that shown on our website.

4. Forming a Contract

4.1 These terms will apply to any contract that you enter into with us for the sale and purchase of products via our website. You may only purchase products from our website if you are at least 18 years old. We only supply the products for domestic and private use. You agree not to use any products for any commercial, business or resale purposes.

4.2 Our web shop pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order before submitting it.

4.3 Your order constitutes an offer to us to buy the product that you have selected. All orders are subject to availability of the relevant product and to acceptance by us. The contract for purchase of the product is formed when we send you an email confirming that your order has been accepted.

4.4 If we are unable to supply you with a product, for example because that product is not in stock or no longer available, because we have identified an error in the price or description of the product or because we cannot meet your requested delivery date, we will inform you of this by email and we will not process your order.

4.5 An order number will be assigned to your order which we will provide to you when we accept your order by email. It is useful for you to provide us with the order number when you contact us for information about your order.

4.5 We may make minor changes to the products as follows:

• to comply with changes in relevant laws and regulatory requirements: and
• to implement minor updates, technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.

4.6 Please contact us if you want to make a change to the product you have ordered before we have dispatched it. We will let you know if the change is possible. If the change is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract by providing a clear statement informing us of your decision to cancel.

5. Prices and Payment

5.1 The price of a product (which includes any applicable value added tax) will be as displayed on our website at the time you place your order, except in the case of obvious error. We try to ensure that all prices on our website are accurate but errors may occur. If we discover an error in the price of a product that you have ordered before a contract between us is formed in accordance with clause 4 of these terms, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel, no payment will be taken from your card or other payment method. In the event we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mistake in the pricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

5.2 Any costs of delivery will be displayed to you on our website prior to submitting your order.

5.3 We accept payment by the payment methods that we display and make available to you on the checkout pages of our website.

5.4 You must pay for the products before we dispatch them. Payment will be taken from your card or other payment method at the time of or shortly before dispatch.

5.5 You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not accept your order, we will not be responsible for any delay or non-delivery, and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.

6. Delivery & Transfer of Ownership

6.1 We only accept orders for delivery in the United Kingdom and will only deliver to the registered billing address of the cardholder.

6.2 We will deliver products to you as soon as reasonably possible following acceptance of your order and receipt of payment in full from you, normally within 2-3 working days and in any event within 30 days after the date on which we accept your order and have received payment in full from you.

6.3 You will be responsible for a product as soon as it has been delivered to the address you provided to us in your order. You own the product once we have received payment for it in full, including all applicable delivery charges.

6.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an Event Outside Our Control (as defined below) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the Event Outside Our Control, however if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

6.5 In the event we are not able to complete delivery, for example, due to you not being home when the product is delivered and the product is not able to be posted through your letterbox, our carrier will leave a note informing you how to rearrange delivery or collect the product from a local depot or other location. If you do not rearrange delivery or collect the product after a failed delivery attempt within the time specified in our carrier's note, we will contact you for further instructions and may charge you for storage costs and additional delivery costs. If we are unable to contact you or rearrange delivery or collection after making reasonable efforts to do so, we may end the contract with you and clause 7.10 will apply.

7. Cancellation, returns and refunds

7.1 You have certain legal rights in relation to any products that you purchase from us online. These include:

• that any products supplied by us will be of satisfactory quality, fit for their intended purpose, and will conform to any description provided on our website;
• certain remedies if a product is defective or misdescribed; and
• a right to cancel the contract without giving any reason within 14 days, beginning the day after the day on which you receive the product, and to receive a full refund, even if the product is not defective. This right is subject to certain conditions and exceptions (see clauses 7.2 to 7.6 below).

Nothing in these terms is intended to affect these legal rights.

7.2 Return of non-defective products

a) We hope that you will be satisfied with your purchase of products from us. However, you have the right to change your mind and cancel the contract within 14 days without giving any reason, provided that:

• you inform us that you are cancelling the contract no later than the 14th day after the day on which you received your product;
• you have taken reasonable care of the product prior to return - in particular this means that it must not have been damaged or used excessively and that it is returned with all accessories and manuals that were supplied with it;
• you will be responsible for the cost of returning the product to us, unless it is faulty, incorrect or misdescribed; and
• you return the product in suitable packaging to ensure it reaches us in good condition. We suggest that you use a postal service that insures you for the value of the item you are returning and that you obtain proof of postage.

b) Please see below for further details about you right to cancel when you change your mind about a product.

7.3 The cancellation period

If you change your mind about a product you have 14 days to cancel the contract after the day you (or someone you nominate) receives the product, unless you have ordered multiple products or a product that consists of multiple pieces in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery (of the last product or piece of your order) to change your mind about the products.

7.4 To exercise your right to cancel (including where you have changed your mind) please contact us and provide a clear statement informing us of your decision to cancel by email at uksupport@rokit.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. In order to meet the cancellation deadline when you change your mind about a product, you need to contact us or send your communication telling us that you wish to cancel before the cancellation period has expired.

7.5 Returning Products Following Cancellation

In the event that you end the contract for any reason after products have been dispatched to you or after you have received them, you must return them to us. You must either, post them back to us at the address provided by our customer service or (if the product is not suitable for posting) allow us to collect them from you. Before returning products please email us at uksupport@rokit.com to advise us and to get a Returns Authorisation Number for return of the product. If you are exercising your right to cancel the contract because you change your mind, you must send off the products within 14 days of telling us you wish to end the contract.

7.6 Effects of cancellation when you change your mind

a) If you cancel a contract because you have changed your mind and you have complied with the provisions of clauses 7.2, 7.3 and 7.4, we will reimburse to you all payments that we have received from you (subject to any deductions as described below). Reimbursement shall include (in the event that you have been charged for delivery) the costs of delivery based on the least expensive delivery method offered by us

b) We may make a deduction from the reimbursement for the loss in value of any products that we supplied if the loss is the result of unnecessary handling by you (e.g. handling that is beyond the sort of handling that might reasonably be allowed in a shop). Unnecessary handling could include using a product to make or receive a call or to send or receive an SMS or MMS message or installing or using any software.

c) We will reimburse you as soon as possible and not later than within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

d) We will reimburse you using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.

e) You will be required to bear the direct cost of returning the products to us (unless they are faulty or not as described).

7.7 Return of defective products

a) If your product develops a defect, please contact customer support using the below contact details. The products are manufactured by or on behalf of ROKiT Enterprises Limited which offers a limited warranty for the products. A copy of this limited warranty is available at https://rokitphones.com/uk/warranty. The limited warranty offered by ROKiT Enterprises Limited does not affect your legal rights.

b) If a product develops a defect and you return it to us within 30 days of the date of delivery, you are entitled to a refund or we will exchange the product, provided that you return the product to us with proof of purchase, in suitable packaging to ensure it reaches us in good condition and with all accessories and manuals that were supplied with the product.

c) To return a defective product, please email customer service at uksupport@rokit.com to obtain a Returns Authorisation Number.

7.8 Exchanges

If you requested an exchange for a lower priced product model, we will refund you the difference in price and if you requested an exchange for a higher priced model we will contact you to arrange payment of the price difference and following payment will despatch your new product.

7.9 Our rights to end the contract

We may end the contract for a product at any time by writing to you if:

a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your delivery address details; or

c) you do not, within a reasonable time, allow us to deliver the products to you.

7.10 If we end the contract in the situations set out in clause 7.9 above we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaking the contract.

8. Our Legal Obligations and Limitations of Liability

8.1 We are legally obligated to supply products that conform with the relevant contract. You have certain legal rights in relation to any products that you purchase and nothing in these terms is intended to affect these legal rights.

8.2 We do not exclude or limit our liability for:

• death or personal injury caused by our negligence or that of our employees or agents;
• fraud or fraudulent misrepresentation by us or our employees or agents;
• any breach of your legal rights in relation to the products (including any implied or statutory warranty); or
• any other loss or liability to the extent it cannot be excluded or limited under applicable law.

8.3 In the event we fail to comply with these terms, we are responsible to you for any losses that you suffer which are due to our failing to use reasonable care and skill or are a reasonably foreseeable consequence of our breach (but we are not responsible for any losses that are not reasonably foreseeable). Losses or damages are foreseeable where they are an obvious consequence of our breach or they could be contemplated by you and us at the time of entering into a contract to purchase products.

8.4 Since we only supply the products for domestic and private use, we will not have any liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or loss of goodwill.

8.5 We are not responsible for any failure to perform, or delay in performing, any of our obligations under a contract to supply products to you where the failure is due to an Event Outside Our Control.

8.6 "Event Outside Our Control" means any cause beyond our reasonable control which prevents or delays us from fulfilling any of our obligations under a contract to supply products to you, and includes (but is not limited to) strikes, lock-outs or other industrial action by third parties, fire, explosion, flood, storm, earthquake or other natural disaster, riot, civil disturbance, war (or threat of war), nuclear accident, terrorist activity (or threat of terrorist attack) and acts of God.

9. Your Personal Data

We will only process your personal data in accordance with our Privacy Policy set out at https://rokitphones.com/uk/privacy.

10. General

10.1 Transfer of Contract

a) We may transfer our rights or obligations under the contract with you to another legal entity or organisation, however any such transfer will not affect your rights or obligations under these terms.

b) You may only transfer your rights or your obligations under the contract with us to another person if we agree to this in writing. However, you may transfer our limited warranty as referred to in clause 7.7 a) above to a person who has acquired the product from you. We may require the person to whom the limited warranty is transferred to provide reasonable evidence that they are now the owner of the relevant product for example by providing written evidence that they have acquired the product from you.

10.2 Severance

Each clause of these terms operates separately. If any clause (or part thereof) of these terms is disallowed or found to be unlawful by any court, regulator or relevant authority, the remaining clauses shall remain in full force and effect.

10.3 No Waiver

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking a contract for the purchase of products, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. If you breach these terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.

10.4 Third Party Rights

These terms are not intended to give rights to anyone except you and us. This does not affect our right to transfer any contract as set out above.

10.5 Changes to These Terms

a) We may amend the terms from time to time. Each time you order any products from us, the terms in force at the time of your order will apply to the contract between you and us. Please refer to the beginning of these terms to see when they were last updated.

b) We may revise these terms as they apply to any order you make from time to time to reflect any changes in relevant laws or regulatory requirements. If we do so, we will contact you to give you reasonable advance notice of the changes and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

10.6 Governing law and legal proceedings

These terms are governed by and construed in accordance with English law and you can only bring legal proceedings in respect of the products in the English courts unless you live in Scotland in which case you can bring legal proceedings in respect of the products in either the Scottish or the English courts or you live in Northern Ireland in which case you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.