1. Introduction
These are the terms and conditions (‘Conditions’) referred to in your order (‘Order’) for us to supply you with the Rock Stepper play mat and bundle, inclusive of an initial set of standard flash cards and optional downloadable app (‘Goods’).
They describe the terms on which we will sell the goods to you. In particular, we must deliver the correct goods to the right place at the agreed time in good condition, and they explain our legal responsibility to you if we fail to meet these standards.
They also explain that you must pay us the correct price, and when legal ownership of the goods passes from us to you. These issues are important for insurance and risk purposes, and so we have also included a clause to explain the position if goods are damaged or delayed for reasons outside anyone’s control (including natural causes).
This introduction is designed to give you an overview of these Conditions, but it is not part of the Conditions themselves.
2. The Contract
2.1 The Order is your offer to buy the goods from us on these Conditions, and you must make sure that the Order (and any required specification of the Goods that form part of your Order) is correct.
2.2 When we send you a written acceptance, you have a binding contract with us (‘Contract’), and these Conditions are part of it.
2.3 The Contract is our entire agreement. No previous statements or representations that we have made to you form part of the contract unless they are written into it. This includes samples, drawings, advertising, catalogues and other promotional or descriptive material.
2.4 If either of us needs to give the other a notice under the contract (‘Notice’), the Notice must be given properly to be effective. Clause 9.4 explains how to give a proper Notice.
2.5 We will ensure that we the following information is given or made available to you prior to the formation of the Contract between us and you, unless such information is already apparent from the context of the transaction:
2.6.1 The main characteristics of the Goods;
2.6.2 Our identity and contact details;
2.6.3 The total Price for the Goods including taxes
2.6.4 Where applicable, all additional delivery charges
2.6.5 Where applicable, the arrangements for payment, delivery and the time by which we undertake to deliver the Goods;
2.6.6 Our complaints handling policy;
2.6.7 We shall ensure that you are aware of our legal duty to supply goods that are in conformity with the Contract;
2.6.8 Where applicable, details of after-sales services and commercial guarantees;
2.6.9 Where applicable, the functionality, including appropriate technical protection measures, of digital content; and
2.6.10 Where applicable, any relevant compatibility of digital content with hardware and software that we are aware of or might reasonably be expected to be aware of.
3. The Goods
3.1 The Goods are described on website rockstepper.com
3.2 The Goods displayed on our website, may vary slightly due to screen display variations.
3.3 There may be variations to thickness due to materials used. This can be +/-2%. Size and weight may also have the same variables.
3.4 Repeatable patterns on the pattern (not interactive) side of the mat, may not line up if two or more mats are laid together.
4. Delivery of the Goods
4.3 We will deliver the Goods to mainland UK addresses 7 working days via a third party fulfillment operator. However, Delivery dates are approximate, and time of delivery is not guaranteed. Delivery will be completed when the Goods are delivered to the delivery address on your Order, captured at check out. Our fulfillment partners process orders Monday-Friday, excluding Bank Holidays, Christmas Eve and New Years Eve.
4.5 If we fail to deliver the Goods, our legal responsibility to you will be limited to your costs of obtaining replacements of similar type and quality at the cheapest available price, less the price of the Goods. We will not be legally responsible to you for non-delivery if you give us inadequate delivery or other supply instructions.
4.7 If we refuse to deliver the Goods, you may treat the Contract as being at an end and we will reimburse you without undue delay. Alternatively you may, instead of treating the Contract as being at an end, specify a new delivery time or time period. If we continue to fail to deliver the Goods, you may treat the Contract as being at an end and we will reimburse you without undue delay.
4.8 We aim to fulfill pre orders as stated clearly on our website at point of purchase via our website rockstepper.com. Up until the point of dispatch of goods, this order can be cancelled, and a full refund received. Times for pre orders are estimated and you will be informed via our website of the status of those orders.
4.9 Currently all mainland UK delivery charges are free. Delivery charges on returns however, are not included and will be the responsibility of the customer.
5. Warranties
5.1 We want you to be satisfied with the quality of the Goods and so we offer you the following promise for 12 months from the delivery date:
5.1.1 the Goods are the same in all material respects as their description. We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in our sales and marketing literature. We don’t, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
5.1.2 the Goods are free from significant defects;
5.1.3 the Goods are of satisfactory quality;
5.1.4 the Goods are suitable for any purpose that we have specified.
5.2 If you discover that some or all of the Goods do not meet this promise, you can either reject them within 30 days of their receipt by notice in writing to us, or require us to replace them, or (if we fail to do that) require us to refund you the price of the defective Goods. This will only apply, however, if you have done the following:
5.2.1 given us a reasonable opportunity of examining the Goods, and
5.2.2 returned the Goods to us at our address, if requested.
5.3 Our promise does not apply if:
5.3.1 you continue to use the Goods after you have given us Notice of a defect;
5.3.2 the defect has arisen because you have failed to follow any written or oral instructions on the use, storage, installation, or maintenance in our care guide *add link
5.3.4 you alter or repair the Goods without previously getting our written agreement;
5.3.5 the defect is a result of fair wear and tear, negligence, (being your lack of reasonable care), abnormal storage or working conditions, or deliberate damage;
5.4 Our promise only applies on the basis of this clause, but it also applies on the same basis to any repaired or replacement goods that we supply.
5.5 You may cancel your Order at any time before we dispatch the Goods by contacting us in writing.
5.6 You may also cancel your Order within 14 days of receipt of the Goods if it is placed with us electronically. If you have already paid for the Goods, the payment will be refunded to you within 14 days of your cancellation (including delivery costs). You agree that this cancellation right does not apply if the Goods you have purchased are digital goods and you have authorised us to download those digital goods to you prior to the expiry of such 14 day period, or if the Goods have been personalised for your use.
5.7 We may cancel your Order at any time before we dispatch the Goods in the following circumstances:
5.7.1 The Goods are no longer in stock and we are unable to re-stock (if, for example, the goods are discontinued); or
5.7.2 An event outside of our control set out in Clause 8.3 continues for more than 14 days.
5.8 If we cancel your Order under sub-Clause 5.7 and you have already paid for the goods, the payment will be refunded to you within 14 days. If we cancel your Order, the cancellation will be confirmed by us in writing.
6. Ownership and Risk
6.1 The risk of damage to the goods or their loss passes to you on completion of delivery. (Completion of delivery is explained in clauses 4.4 and 4.5.). You should make sure that you insure the Goods from this time onwards.
6.2 Ownership of the Goods passes when you have paid us for them in full. Until the ownership passes to you, we will still own the Goods.
8. Limitations on our Legal Responsibilities
8.1 We will not be legally responsible to you for any loss of profit or any loss which you allege arises as a consequence from our contract with you, and our total legal responsibility to you under the contract will not exceed the Price of the Goods.
8.2 These Conditions do not limit our legal responsibility for death, personal injury caused by our unreasonable carelessness (known as negligence) or that of our employees, agents or sub-contractors , fraud, defective products under the piece of legislation known as the Consumer Protection Act 1987, breach of the requirements that our goods be of satisfactory quality, fit for purpose, match a sample, or match a model seen; or any other matter that the law says we can’t exclude (for example under the Consumer Rights Act, 2015).
8.3 Neither of us will be legal responsible to the other for failure or delay in carrying out this contract which is caused by an event beyond our reasonable control, which we could not have foreseen or which was unavoidable. This includes industrial disputes, energy or transport failures, acts of God, war, terrorism, civil unrest (such as riots), explosions, mechanical breakdown, natural disasters, deliberate damage, or being let down by suppliers or sub-contractors.
8.4 We only supply goods for domestic and private use, we make no warranty or representation that the goods are fit for commercial, business or industrial use of any kind (including re-sale).