Terms and Conditions
These are the terms and conditions on which we supply any of the products listed on our website (www.motelrocks.com) to you.
Please read and check these terms and conditions carefully before you submit any orders to us. These terms will tell you who we are, how we will provide products to you, when and how to return products and other important information. If you have any queries regarding our terms, please contact us to discuss this. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
INFORMATION ABOUT US
www.motelrocks.com is a site operated by Rustin and Mallory Wholesale Limited (we/us/our). We are registered in England and Wales under company number 05890705 and with our registered office at 18 Buntsford Park Road, Bromsgrove, Worcestershire, B60 3DX. Our VAT number is 07022462.
You may contact us by emailing us at email@example.com or by writing to us by writing to us at 18 Buntsford Park Road, Bromsgrove, Worcestershire, B60 3DX.
If we need to contact you, we will do so by telephone or by writing to you at the email address you provide to us in your order.
Our site is only intended for use by people resident in certain serviced countries. A list of these countries can be found on our serviced countries page, which can be accessed from [LINK]. We do not accept orders from individuals who live outside of those countries. In addition, some extra restrictions are placed on the extent to which we can accept orders from specific countries. These restrictions can also be found on our serviced countries page, accessible from [LINK]. Please review our serviced countries page before ordering products from us.
By placing an order through our website, you warrant that:
You are legally capable of entering into binding contracts;
You are at least 18 years old;
You are resident in one of our serviced countries; and
You are accessing our website from one of our serviced countries.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order on our website, you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation.
If we decline your order, we will inform you of this, no contract will be formed between us and will not charge you for the product. This might be for various reasons including for example because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
The images of products on our website are for illustrative purposes only. Although we have endeavoured to display the colours accurately, we cannot guarantee that a device's display of the colours will be wholly accurate and you may find some difference between the actual colour of a product and its appearance on yours or any other display.
The packaging of any product may vary from that shown in images on our website or from any packaging used when you ordered a product from us previously.
OUR RIGHTS TO MAKE CHANGES
We may change our products:
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements.
In addition, we may make other and potentially significant changes to our products, but if we do so then we will notify you to give the chance to end the contract before the changes take effect and to receive a refund for any products paid for but not received. The refund will be paid to you as soon as possible and, in any case, within 14 days of your cancelling the contract.
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days after we send our Dispatch Confirmation..
We may deliver our products in separate deliveries. Each separate delivery will be invoiced and paid for in accordance with the Contract. Each delivery will be a separate contract.
If you fail to take delivery of the products and they are returned to us, you will be charged an additional administration charge. We may also end the contract, in accordance with clause 13.1.3 below.
Where we offer and you accept free delivery, then delivery will be by Royal Mail 2nd class post. If you choose to accept free delivery, you accept that delivery is by Royal Mail 2nd class post only.
For the purposes of clause 7.4.2, a royal mail certificate of posting showing the correct delivery address as supplied by you will be deemed as proof of posting.
RISK AND TITLE
The products will be your responsibility from the time we deliver them to the address you give us.
Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, and we have accepted your order.
PRICE AND PAYMENT
The price of any products will be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT but exclude delivery costs, which will be added to the total amount due.
Our website contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
Payment for all products must be by credit card, debit card, Amazon pay or Paypal. We accept payment with Visa Debit, Visa Credit, Visa Electron, Mastercard, Maestro or Solo Card. We will charge your credit or debit card when you place an order with us but before we have accepted the order.
YOUR RIGHTS TO CHANGE YOUR MIND
For most products bought online you have a legal right to change your mind within 14 days and receive a refund, beginning on the day you received the products. In this case, you will receive a full refund of the price paid for the products in accordance with clause 12.1.1 below.
You do not have a right to change your mind in respect of products that are sealed for hygiene purposes, once these have been unsealed after you received them.
To cancel a contract, please inform us in writing via email at firstname.lastname@example.org with CANCELLATION in the email title before the cancellation period has expired. Your cancellation will be effective from the date of your cancellation email.
You must also return the product(s) to us within 14 days of your cancellation email, in the same condition in which you received them (with original tags, labels and hygiene strip in place), and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. We would advise that you keep evidence of returning the products to us in case they are lost. We cannot refund your payment without either receiving the returned products or your evidence of their return.
We may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
IF THERE IS A PROBLEM WITH THE PRODUCT
We are under a legal duty to supply products that are in conformity with this contract and which are as described, fit for purpose and of satisfactory quality.
If you believe that any of our products do not conform or are defective and you would like to exercise your legal right to reject the product, you can return them to us by way of our free delivery service. On receipt, we will examine the products and pay you a full refund of the price paid for the products in accordance with clause 12.1.2 below.
OUR REFUNDS POLICY
When you return a product to us:
because you have exercised your legal right to change your mind and cancel the Contract between us within the fourteen-day cooling-off period (see clause 10 above), we will process the refund due to you as soon as practicable and, in any case, within 14 days of the day we receive your returned products. We will refund the price of the products in full, however we will not refund the delivery charges when you have not used our free delivery service.
for any other reason (for instance, because the product is defective), we will examine the returned product and will notify you of your refund or replacement via e-mail within a reasonable period of time. We will process the refund or replacement due to you as soon as practicable and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund or replacement for the defective product. Products returned by you because of a defect will either be replaced or refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
We will refund any money received from you using the same method originally used by you to pay for your purchase.
We are not responsible for and will not refund any fees or charges imposed by your bank, building society or credit card company for processing any transaction or refund in relation to your order.
OUR RIGHTS TO END THE CONTRACT
We may end the contract for a product at any time by writing to you if:
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 such payment is due;
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;
you do not, within a reasonable time, allow us to deliver the products to you; or
you do not, within a reasonable time, allow us access to your premises to deliver the products to you.
If we end the contract in any of the situations set out in clause 13.1 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 incur as a result of your breaching the contract.
LIMITATION OF OUR LIABILITY
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching this contract but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time our contract was made, we ought to have known it might happen as a result of any breach.
We do not seek to exclude or limited our liability in any way in which would be unlawful. Accordingly we do not in any way limit our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are as described, of satisfactory quality, fit for any particular purpose made known to us.
We only supply our products by way of our website for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will only use your personal data as set out in our privacy statement, which can be accessed from [LINK].
If you order products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
All notices given by you to us must be given to Motel Rocks Retail Limited in writing by email to email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served three days after sending an e‑mail or as the case may be the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract or, if you are unhappy with the transfer, you may contact us to end the Contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not yet delivered.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. However, if a delay due to a Force Majeure Event continues for more than 30 days, you will have the right to cancel the contract and receive a full refund for all sums paid in respect of items that were not yet delivered.
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 this contract, 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing..
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
Each order made by you will be subject to our policies in force at the time that you order and which can be found on our website, unless any change to those policies or these terms and conditions is required by law or governmental authority.
LAW AND JURISDICTION
Contracts for the purchase of products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English and Welsh law. You can bring legal proceedings in respect of any dispute or claim arising out of this Contract or the products in the English and Welsh courts.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Motel Rocks Retail Limited, 18 Buntsford park road, Bromsgrove, Worcestershire, B60 3DX (email address firstname.lastname@example.org)
I/We hereby give notice that I/We cancel my/our contract of sale of the following goods _____________on order number )_____________.
Ordered on_____________/received on_____________.,
Name of consumer(s) ______________________
Address of consumer(s) ________________________
Signature of consumer(s) (only if this form is notified on paper),