Terms & Condition

Overview:

This website is operated by Rockafellaz. Throughout the site, the terms “we”, “us”, and “our” refer to Rockafellaz. Rockafellaz offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Intellectual Property Claims and Content Usage

No Claim of Ownership, Misuse of Supplier Content:

You acknowledge that Rockafellaz does not claim ownership over any product images, descriptions, or related marketing materials ("Content") provided by third-party suppliers ("Suppliers"). These materials are the intellectual property of the respective Suppliers or their licensors. In the unlikely event that Rockafellaz uses any images, descriptions, or marketing content provided by the Supplier without obtaining prior approval or authorisation from the Supplier, or in circumstances where the Supplier was not entitled to grant such permission, Rockafellaz shall not be held liable for any claims of intellectual property infringement, provided that Rockafellaz acted in good faith, relied on the Supplier’s representations, and promptly acted to cease use of the content upon learning of any issue. In such cases, Rockafellaz shall be entitled to indemnification from the Supplier for any resulting claims, damages, legal actions, or expenses.

If Rockafellaz is found to have been negligent in its use of content, the Supplier agrees to indemnify Rockafellaz for all resulting claims, damages, and legal actions, except where the negligence was gross or intentional.
Applicable Laws:
Copyright, Designs and Patents Act 1988 (UK)
Trade Marks Act 1994 (UK)
EU Directive 2001/29/EC on Copyright in the Information Society
EU Regulation 1008/2008 on jurisdiction in civil and commercial matters

Sell Outside Agreed-Upon Regions or at Unauthorised Prices:
If Rockafellaz inadvertently sells products outside of the designated regions or at prices not authorised by the Supplier, despite reasonable efforts to comply with the Supplier’s distribution policies, Rockafellaz shall not be held liable for such actions, provided that these sales were not made with intent or recklessness. In the event of a claim arising from such actions, Rockafellaz shall be indemnified by the Supplier for any resulting damages, claims, or legal expenses, including but not limited to customer complaints or legal proceedings.

Applicable Laws:
Competition Act 1998 (UK)
Regulation (EC) No 330/2010 on Vertical Restraints (EU)
EU Regulation 1215/2012 (Brussels I Regulation) on jurisdiction in civil and commercial matters

False Advertising or Misrepresentation:
If Rockafellaz makes any false or misleading claims about a product, whether inadvertently or due to errors in the information provided by the Supplier, Rockafellaz shall not be liable for any legal actions, claims, or damages, provided that such claims were made in good faith and without intent to deceive. The Supplier shall indemnify Rockafellaz against any claims resulting from inaccurate, false, or misleading content supplied by the Supplier, including but not limited to claims made under consumer protection laws or other relevant regulations.
Applicable Laws:
Consumer Protection from Unfair Trading Regulations 2008 (UK)
EU Directive 2005/29/EC on Unfair Commercial Practices
Trade Marks Act 1994 (UK)
EU Regulation No 593/2008 (Rome I Regulation) on the law applicable to contractual obligations

No Resale of Supplier Content:
Rockafellaz does not engage in the resale or distribution of the Supplier’s images or descriptions for any purpose outside the scope of fulfilling customer orders. Any use of the Supplier's Content beyond the display and promotion of products on the Site would require explicit written permission from the Supplier.
Applicable Law: Copyright, Designs and Patents Act 1988 (UK)

Supplier’s Responsibility for IP:
Rockafellaz affirms that it does not guarantee that any Content on the Site is free from intellectual property infringement. The Suppliers are solely responsible for ensuring that any images, descriptions, trademarks, or other marketing materials provided are legally permitted for use by Rockafellaz and any third-party sellers or distributors. In case of any IP disputes, the Supplier is obligated to resolve the issue and indemnify Rockafellaz against any claims.

If Rockafellaz is found to be at fault due to negligence in using the Supplier’s Content (but not intentional misconduct), the Supplier agrees to indemnify Rockafellaz for any legal claims or damages arising from such negligence.
Applicable Law: Trade Marks Act 1994 (UK), Copyright, Designs and Patents Act 1988 (UK)

Resolution of IP Disputes:
Any disputes relating to intellectual property rights (including claims of image or description ownership) will be dealt with in accordance with applicable UK Intellectual Property Law and governed by English jurisdiction. Disputes will be resolved through alternative dispute resolution (ADR) or other formal channels, unless otherwise stated in a formal agreement with the Supplier.
Applicable Law: Civil Procedure Rules (UK), Arbitration Act 1996 (UK)

Rockafellaz shall not be held liable for any claims, damages, or legal actions arising from the misuse of content, including reckless or intentional misuse, as long as Rockafellaz acted in good faith and took immediate corrective action. Additionally, under the Consumer Protection from Unfair Trading Regulations 2008 (UK) and the EU Directive 2005/29/EC on Unfair Commercial Practices, Rockafellaz is shielded from responsibility for false advertising or misleading content, so long as they did not act with the intent to deceive. In any dispute regarding misuse, Rockafellaz will be indemnified for any resulting costs, damages, or claims.

General Terms:
Age of Majority and Legal Capacity
You must be at least the age of majority in your state or province of residence or the age of majority in your jurisdiction to use this service.
Applicable Law: The Age of Legal Capacity (Scotland) Act 1991, Family Law Reform Act 1969 (UK)

Viruses or Malicious Code
You must not transmit any viruses or malicious code of a destructive nature.
Applicable Law: Computer Misuse Act 1990 (UK)

Breach of Terms:
A breach or violation of any of the Terms will result in an immediate termination of your access to the Service.
Applicable Law: Breach of Contract (UK Contract Law), Consumer Protection and Refunds

Right to Cancel:
In accordance with the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013, you have the right to cancel your order within 14 days of receiving the product, without any explanation.
Applicable Law: Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 (UK)

Refunds and Returns:
In line with the Consumer Rights Act 2015, products sold must be of satisfactory quality, fit for purpose, and as described. If a product does not meet these standards, you may be entitled to a refund, repair, or replacement.
Applicable Law: Consumer Rights Act 2015 (UK)

Accuracy, Completeness, and Timeliness of Information:
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain historical information that is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time but have no obligation to update any information on our site.
Applicable Law: Unfair Trading Regulations 2008 (UK)

Modifications to the Service and Prices:
Prices for products are subject to change without notice. We reserve the right to modify or discontinue the Service at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
Applicable Law: Consumer Protection from Unfair Trading Regulations 2008 (UK)

Potential Acquisition or Partnership:
Rockafellaz recognises that in the dynamic business landscape, it is entirely possible for third parties to express interest in the acquisition of the business, or to propose a partnership or collaboration. We acknowledge that such circumstances could present both strategic and financial benefits.

However, any such acquisition, partnership, or transaction will be conducted in strict compliance with all applicable laws, including the Companies Act 2006 (UK), which governs the sale or transfer of businesses, and in alignment with the Competition Act 1998 (UK) to ensure that no anti-competitive practices are undertaken in the process.

Rockafellaz, in its sole discretion, may enter into negotiations for such opportunities, with the understanding that all decisions will be taken in accordance with best practice in corporate governance, as outlined in the Corporate Governance Code and the European Union Merger Regulation (EUMR) where relevant. In the case of any acquisition or partnership, we will ensure that all relevant parties adhere to their legal obligations, particularly with regard to intellectual property, data protection, and consumer rights, in compliance with the Data Protection Act 2018 (UK) and the General Data Protection Regulation (GDPR).

While we continue to operate under the current Terms and Conditions, we reserve the right to consider any offer for acquisition or partnership. Such an agreement would be governed by all applicable UK contract law, including the Contracts (Rights of Third Parties) Act 1999, which enables third parties to enforce contractual rights under certain conditions. Any agreement reached would be subject to formal documentation and written consent by both parties, ensuring that all legal obligations, including those relating to the fair treatment of employees, customers, and any stakeholders, are upheld.
In the event of such an acquisition or partnership, Rockafellaz will remain fully committed to the seamless continuation of services, subject to the terms of any negotiated agreements. Any such transaction shall be considered final only upon the execution of the appropriate legal documents, and shall not affect the rights and obligations of Rockafellaz under these Terms and Conditions, except where explicitly stated.

Indemnity:
You agree to indemnify, defend, and hold harmless Rockafellaz and its affiliates, partners, and employees from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party. 

If Rockafellaz is found to be negligent in using Supplier content, but not intentionally or recklessly, the Supplier will indemnify Rockafellaz for any third-party claims or legal costs, provided Rockafellaz acts to mitigate the damage and ceases using the content immediately upon discovery.

Governing Law:
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.
Changes to Terms of Service:
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes