TERMS AND CONDITIONS OF SALE
These terms and conditions of sale (“Terms and Conditions “) together with the documents expressly referred to on it (including our Privacy Policy, Cookie Policy, and Terms of Use) tells you information about Roku Athletics and the legal terms and conditions on which Roku Athletics sell any of the products (“Products”) listed on our (“Website“) to you.
These Terms will apply to any contract between us for the sale of Products to you (“Contract“). Please read these Terms carefully and make sure that you understand them, before ordering any Products. Please note that before placing an order you will be asked to agree to these Terms of Sale.
We encourage you to download and store these Terms of Sale if you purchase products from us. These Terms of Sale, and any Contract between us, are only in the English language.
INFORMATION ABOUT US
WWW.ROKUATHLETICS.COM is a site operated by Roku Athletics Limited (“Roku Athletics”, “we”, “us”, “our”). Roku Athletics is registered in England and Wales under company number 12609202 and have our registered office at 7 Bell Yard, London, WC2A 2JR, United Kingdom. Our main trading address is 69 Mexborough Street, Leeds, West Yorkshire, LS7 3EH, United Kingdom.
Our VAT number is (GB) 348 8677 37.
To contact Roku Athletics, please see our Contact us page.
REVISIONS TO THESE TERMS OF SALE
We may revise these Terms of Sale from time to time in the following circumstances: (a) changes in how we accept payment from you; or (b) changes in relevant laws and regulatory requirements. Every time you order Products from us, the Terms of Sale in force at that time will apply to the Contract between you and us. Whenever we revise these Terms in accordance with this clause, we will keep you informed and give you notice of this by stating that these Terms of Sale have been amended and the relevant date at the top of this page.
PRODUCTS INFORMATION AVAILABILITY
All Products shown on the Website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made. Roku Athletics Products displayed on the Website are generally available in most cases in select company-owned stores while supplies last. In some cases, merchandise displayed on the Website may not be available in stores and Roku Athletics makes no representations or warranties that any of the products or services displayed on the Website will be available at any time or location.
COLOURS AND PACKAGING
The images of the Products on the Website are for illustrative purposes only. We have made every effort to display as accurately as possible the colours of our Products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate. Your Products may vary slightly from those images. The packaging of the Products may vary from that shown on images on our site.
USE OF THE WEBSITE
Your use of the Website is governed by our Terms of Use. Please take the time to read these, as they include important terms which apply to you.
HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance our Privacy Policy and Cookie Policy. For details, please see our Privacy Policy and Cookie Policy. Please take the time to read these policies, as they include important terms which apply to you.
AGE RESTRICTION ON PURCHASE
The Website is not intended for use by individuals under the age of 18, and we do not knowingly collect any information from persons below the age of 18. In order to contract with Roku Athletics, you must be 18 years old or over and, save as where you place your order using a valid gift card issued by us, possess a valid credit or debit card issued by a bank acceptable to us. We intend to rely upon these Terms of Sale, our Privacy Policy, Terms of Use and Cookie Policy in relation to the Contract between you and us.
PURCHASE OF PRODUCTS ORDER
You can submit an order for Products by completing the details required on the order summary page and clicking the complete order button. All prices include VAT where applicable.
Goods supplied are not for resale. Roku Athletics are under no obligation to accept your order, but would normally do so where the product is available, the order reflects current pricing and your credit card/debit card payment is approved by your credit card/debit card company.
The display of any product on our Website is in no way an offer by us to sell to you. It is your response that is the offer. Accordingly, we are not liable to sell you any product that might be quoted at a price lower than that meant by us.
ACCEPTANCE OF YOUR ORDER
The technical steps required to create the Contract between you and us are as follows:
Place Order: You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website;
Order Acknowledgment: We will send you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Roku Athletics;
Shipping Confirmation: As your Product is shipped from our warehouse, we will send you a shipping confirmation email;
Order Acceptance: Order acceptance and the completion of the Contract between you and us will take place on the dispatch to you of the
Product(s) ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with these Terms of Sale. The Shipping Confirmation email shall also serve as your order acceptance.
Risk of loss and title for the product purchased from the Website passes to you upon delivery of the products to the carrier. If we do not accept your order for any reason or the price of the product has increased between the time of the order and our acceptance of it (or if a supplementary delivery charge applies), we will email you to advise you of the change. You will then need to resubmit your order. Only credit, debit cards and Roku Athletics gift cards are acceptable as payment for orders via this Website.
HOW TO PAY
You can only pay for Products using one of the debit or credit cards listed below or by using a valid gift card issued by us (you can purchase gift cards in store). We accept the following cards: Visa, MasterCard, American Express, Visa Debit and Maestro for payment.
Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card or gift card until we dispatch your order. We take every reasonable care to ensure that your order and subsequent transactions are conducted via a secure link. As we are not responsible for the operation of the secure link we will not, unless we are negligent, be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide via such link. If products are not available for any reason after we have received your order, we will let you know. We will not charge you for these products and will refund any amounts already paid (if any) by way of a credit to your credit card/ debit card account (as applicable).
SECURITY CHECKS
As part of our policy to protect against fraudulent use of credit / debit cards, we conduct security checks on all orders received. These checks can take various forms and may involve contacting you by telephone before we process your order. We also procure the services of various credit rating and fraud prevention companies and we may share details of your order with them for the sole purpose of detecting and preventing fraudulent use of your payment cards (in accordance with our PRIVACY POLICY).
YOUR RIGHT TO CANCEL
If you are contracting as a consumer, you may cancel your order at any time within fourteen (14) days, beginning on the day after you received your order. In this case, you will receive a full refund of the price paid for the product(s) in accordance with our returns and refunds policy.
Your legal right to cancel the Contract starts from the date of the Shipping Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) days in which you may cancel, starting from the day after the day you receive the Products. However, we may have delivered (or dispatched) the Products you have ordered. In this circumstance, if you are returning the Product(s) to us for any reason other than the products being faulty, you are responsible for returning the products to us and pay the cost of doing so.
To avoid this, we recommend that you advise us as soon as possible if you wish to exercise this right to cancel your order. If you wish to cancel your order, please contact us by e-mail us at info@rokuathletics.com. You may wish to keep a copy of your cancellation notification for your own records.
Any Products returned must be received by us in the same unused condition with the tags attached and, to the extent possible, in the same packaging as when we delivered them to you. Please note that in addition to your right to withdraw, we operate a Returns and Refund Policy. You should read this policy as this gives you extra benefits. This policy may be found below.
Details of your right of cancellation, and an explanation of how to exercise it, are provided in the Shipping Confirmation. This provision does not affect your other statutory rights as a consumer.
OUR RETURNS AND REFUND POLICY
If you’re not 100% satisfied, you have fourteen (14) days from the day you receive your order to return it back to us. All merchandise must be unwashed, unused and unworn. All hangtags must be attached to the garment and proof of payment must accompany the garment(s) at the time of return. All garments are subject to inspection. Shipping costs are not refunded. You will receive a full refund of the price you paid for the Products less any applicable delivery charges which are not refundable.
We will process the refund due to you as soon as possible and, in any case, within fourteen (14) calendar days of the day on which you gave us notice of cancellation.
If the Products were delivered to you: you must return the Products to us as soon as reasonably practicable; unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us; and you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession. For more information on how to return an item to our ecommerce warehouse, please visit our Returns page.
We refund you on the credit card or debit card or gift card used by you to pay.
Details of your legal right to cancel and an explanation of how to exercise it are provided in the Shipping Confirmation.
FAULTY PRODUCTS
If you have returned the Products to us because they are faulty or mis-described, we will refund the price of a defective Product in full and any applicable delivery charges.
PRODUCTS EXCLUDED FROM RETURN
Subject to your right to cancel and your statutory rights, products excluded from return are: underwear, headwear, water bottles and gift cards.
DELIVERY
We make every effort to deliver all products to the Unites Kingdom in accordance with the timescales set out below. Where this is not possible, we will seek to notify you and, unless we state otherwise, ensure that your products are delivered within 28 days from acceptance.
Your order will be fulfilled by the estimated delivery date set out in the Shipping Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
Delivery will be completed when we deliver the Products to the address you gave us.
The Products will be your responsibility from the completion of delivery. You own the Products once we have received payment in full, including all applicable delivery charges.
In the U.K., we offer a standard service. The prices are set out below.
Delivery to the U.K.
Option: Standard Delivery
Cost: £3.99
Time: 2-3 business days
Order Tracking: No
In Europe, we offer a standard service. The prices are set out below.
Option: Standard Delivery
Cost: £10.99
Time: 3-5 business days
Order Tracking: Yes, via e-mail link
In the U.S., we offer a standard service. The prices are set out below.
Option: Standard Delivery
Cost: £12.99
Time: 6-7 business days
Order Tracking: Yes, via e-mail link
You can also track the progress of your delivery using the link that’s in your order confirmation email. Please note that it can take up to 24 hours for your order to appear on the system.
PRICE OF PRODUCTS AND DELIVERY CHARGES
The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Shipping Confirmation.
The price of a Product includes VAT (where applicable).
The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our FAQs.
OUR LIABILITY
To the maximum extent permitted by the applicable law, when you order goods from the Website, to the extent permitted by applicable law, our aggregate liability to you for any loss or damage arising in connection with these Terms of Sale shall be limited in respect of each claim, to the purchase price of your order.
If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in these Terms of Sale shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these Terms of Sale shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law. We will also not be responsible for any loss or damage caused to you where you are not entering into these terms as a consumer.
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 any contract that is caused by events outside our reasonable control (“Event Outside Our Control”).
An Event Outside Our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; (f) the acts, decrees, legislation, regulations or restrictions of any government; and (g) pandemic or epidemic.
Our performance under any contract is deemed to be suspended for the period that the Event Outside Our Control 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 Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.
GUEST SERVICES
If you need to contact us for any reason, you can reach us using any of the methods found on the contact us page.
THIRD PARTY RIGHTS
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
WAIVER
If we fail to insist that you perform any of your obligations under these Terms of Sale, 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.
MISCELLANEOUS
If any provision of these Terms of Sale is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Sale will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.
Roku Athletics’ performance of these Terms of Sale is subject to existing laws and legal process, and nothing contained in these Terms of Sale or our Privacy Policy is in derogation of Roku Athletics’ right to comply with law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Roku Athletics with respect to such use.
LANGUAGE
The official language of these Terms of Sale exclusively shall be, and all communications and agreements between Roku Athletics and you and any proceedings in connection with these Terms of Sale and/or your use of the Website, exclusively shall be made in, the English language.
Roku Athletics and you waive any rights we may have under any other law to have these Terms of Sale written in another language, and any translation of this Terms of Sale will be for convenience only.
ENTIRE AGREEMENT
These Terms and Conditions, the Terms of Use, Cookie Policy and our Privacy Policy constitute the entire agreement between you and Roku Athletics with respect to the Sites, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Roku Athletics with respect to the Websites.
GOVERNING LAW AND JURISDICTION
These Terms of Sale shall be governed by, construed and enforced in accordance with the law of England, without giving effect to any conflict of law provisions. The English courts will have non-exclusive jurisdiction over any claim or any dispute arising from, or related to, a visit to the Website, although Roku Athletics retain the right to bring proceedings against you for breach of these Terms of Sale in your country of residence or any other relevant country.
QUESTIONS OR CONCERNS
If you have any concerns about material which appears on our site, please contact us by email at: info@rokuathletics.com.
