With one of the Rock of Feather founders being a lawyer, there was obviously a strong temptation to produce terms and conditions that were, well, rather legalistic and complicated. And which effectively resulted in almost every element of legal risk, from initial purchase, right through to final delivery, being planted firmly on our customers.
But Rock of Feather doesn’t want to be that sort of business.
One of our key aims (and something we believe differentiates us from our competitors) is to ensure an easy (verging on enjoyable) customer fulfilment process, and that includes ensuring that our terms and conditions of sale are both fair and easy to understand.
Quite a challenge for a lawyer, we can assure you!
So, here are our terms and conditions, which have been written specifically with our customer in mind. If you have any questions about them at all, please email us on: firstname.lastname@example.org and we will get back to you as soon as we can.
In addition, in order to ensure that our terms and conditions are fair (to both us and to you) we kindly request that you enter into a pact with us: that at every stage of our business relationship (whether it be during the course of buying one of our products or simply using our website) we will treat each other fairly, act in good faith, remain polite and courteous, and generally adopt a common sense approach.
So, this means that if one of our products is not up to scratch, we’ll replace it.
If delivery is delayed and it’s our fault, we’ll apologise and do our best to make it up to you.
But at the same time, if something happens and it’s not our fault, please don’t blame us for the problem.
Or if you mistakenly wash one our products in bleach, or the dog decides it’s a brilliant dog chew, don’t try to return it for being faulty. We’re sure you get the gist.
Nowadays, too many problems are created by unreasonable behaviour by one party to a dispute. We’ll do our best not to go there, but ask that you adopt the same attitude as well. So, with that in mind, here is the official legal bit...
If you read nothing else, read this: Whilst our products are designed to be safe for babies to put in their mouths (please see our FAQs for further details), please note that our necklaces and bracelets are designed to be worn by mothers around babies, not given to babies as a toy (unless they are being supervised). Given the nature of necklaces and the ease with which they can become twisted, we would strongly advise that they aren’t worn by children under the age of four.
The bangles, however, are safe to be given directly to babies and toddlers to use as a teether in the event that you aren’t wearing them.
As with all items designed for use around babies and children, no product can ever be 100% safe.
Please take a common-sense approach to the use of our jewellery range at all times.
Making a purchase
When you order and pay for a product on our website, that constitutes an offer to us to purchase that product on the terms set out in your confirmation (which we will send to you by email).
However, a legal contract between us and you will only exist once we have accepted, processed and dispatched your order.
And why is that?
Well, for several reasons.
One being that our systems are not as sophisticated as we would like them to be. Which means there is a very small possibility that we might not be able to fulfil your order – for example, you might be buying the final product in a particular range, only for us to realise when packing it that it doesn’t meet our very exacting standards. Alternatively, something else might have happened, meaning we simply can’t send out your order. Amelia falls down a manhole, for example. Or Natasha gets hit by a bike travelling the wrong way down a one-way street. These things do happen you know. And unfortunately there are only two of us running the business. Which means that until we’re a massively successful venture (i.e. we can afford an employee) you may have to bear with us very occasionally.
Regardless of the reason behind non-fulfilment of your order, in the event that we can’t complete it, we will immediately refund any payment made, and send you a very apologetic email.
Prices on our website
Prices on our website are subject to change without notice. We don’t anticipate this happening very often. And obviously once you’ve actually made a purchase, we can’t up the price just because we feel like it!
But we may decide to increase or decrease the price of a product now and again – especially if our manufacturing costs change over time. Fortunately the price of silicone is fairly stable, unlike the euro, so price increases are likely to be fairly rare!
All prices on our website are quoted in pounds sterling and are inclusive of VAT at the current rate.
Please note that we do not ship products outside the UK at the present time. However, if you are an overseas buyer, please check our FAQs – we may still be able to help you.
Special offers and discount codes
Unless otherwise specified, none of the discounts offered or available on our website, on social media or via other marketing materials may be used in conjunction with any other offer. Eligible products must be delivered to the same delivery address for the offer to apply.
In addition: a) One-off discount codes RoF discount codes are to be used to purchase ONE ITEM of RoF jewellery. If the discount code is used to purchase more than one item, we will simply refund your order in its entirety. Discount codes are only available for a limited time and while stocks last. Discounts are given at our discretion and may be withdrawn at any time, without notice. To obtain the discount, the correct discount code must be entered at the time of checkout. Discounts are not available after an item has been purchased. An offer code may only be used once before it expires. Discounts to not apply to any delivery charges.
b) Our regular "3 for 2" and "Buy 1 Get 1 Free" offers are only available on selected products (see website for further details). In all cases, the cheapest item will be free. To benefit from the offer, all items must be purchased at the same time and in a single transaction. The offer will be automatically applied at checkout, assuming all items are eligible.
Since we don’t deliver our products personally, we cannot guarantee your delivery date with 100% certainty. However, all deliveries will be made by first class delivery (free on orders over £15), which means that your goods should arrive within a day or two after dispatch. Whilst this does mean we can give you a little bit of certainty, we as a company can accept no liability for any loss or damage (either direct or indirect) if your goods are delivered later than expected i.e. you can’t sue us for missing someone’s birthday and having to buy them a Ferrari to compensate.
Our website will be kept up to date with available products for purchase.
However, very occasionally, a product may sell out before we are able to update the website.
If you purchase an item that is actually out of stock, we will immediately give you a full refund, and send you a very apologetic email. Hopefully there will be something else on our website that takes your fancy. But if not, and you want us to do so, we will place you on a waiting list and let you know when the item becomes available again.
If we do not intend to manufacture any more of the particular design/colour you wanted, we will let you know as soon as possible.
Product imagery and descriptions
We try our very best to ensure that the pictures, descriptions and specifications on our website are as accurate as possible.
However, please note that there is only so much we can do over the Internet – the one downside to online shopping is that you can’t see the product with your own eyes before you buy it.
Please accept our apologies if for any reason the product is not exactly as you were hoping – but remember you do have 7 days to send it back to us if you want to for a full refund.
Please also note that dying silicone is not an exact science and so there might be very small colour discrepancies between product batches.
In addition, in the event that we produce multi-coloured items, each product will be entirely individual, due to the method by which the colours are mixed. There is no way of ensuring product conformity when it comes to multi-coloured designs.
We want you to be jumping up and down with glee when you receive one of our products. If for whatever reason you aren’t, we offer a no quibble, 14-day return policy, starting on the day that your product is delivered. If you would like to return a product, please ensure that you don’t use the product in any way, shape or form, or remove any tags.
Please also include any original packaging when you return your order.
If you would like to return a product, please email us at email@example.com before the 14 days is up, quoting the order number and the reason for return (the latter isn’t strictly necessary, but we would like to know if we haven’t fulfilled your expectations).
Please also include a note with your name, address, contact details and order number somewhere in the package itself – a post-it note or a scrap of paper will suffice!
Please make sure your order is securely wrapped and then send it back to us at:
Rock of Feather, Crownhurst, Wharf Lane, Bourne End, SL8 5RU
Please note that you will need to bear the cost of any postage incurred in sending an item back to us, and we can only be liable for it once it reaches our premises.
In case an item gets delayed in transit, we suggest at the very least that you get the Post Office to give you a certificate of postage, since this will prove that you sent it back to us within the 14-day timeframe.
Alternatively you could send it back by recorded delivery.
Products can be returned up to 30 days after delivery if they are faulty. Please see our FAQs for further details.
Please understand that we cannot substitute or refund a product for being faulty if damage is caused by normal wear and tear or misuse.
Disclaimer and limitations on liability
This is a difficult one to describe in plain English, because all of these legal disclaimers read the same. So we thought we’d explain it to you instead.
Basically, companies put disclaimers into their terms and conditions to ensure that they are not responsible for absolutely everything that could go wrong when a product is sent to you.
Most companies will accept liability for direct loss i.e. their product turns out to be faulty. This means that you will be recompensed for any money you spent on that product, to put you back in the financial position that you were in before you bought it. But what companies cannot be expected to do, is recompense you in the event that something very unusual happens as an indirect result of your order. For example, you pull a sickie to wait for a delivery that doesn’t arrive. As a result of pulling the sickie, you lose your job. You then try to sue the company that sold you the product, because if you hadn’t waited in for that delivery, you wouldn’t have been sacked. You sue the company for six month’s earnings, because that’s how long you estimate it will take you to find another job. Sound farfetched? They do it in America all the time.
So, in order to try to nip this sort of thing in the bud, companies insert disclaimers into their terms and conditions, setting out what they will and won’t be liable for. By getting the customer to agree to this in advance of a purchase, it is far less likely that the company will be successfully sued in court. However, there are also certain things that by law, a company cannot exclude liability for. Death and personal injury caused by the company’s negligence being one of them. So, when you do a bungee jump and you have to sign a disclaimer saying that it’s not the company’s fault if you end up injured – that disclaimer is worth peanuts if you are injured and the company was basically responsible for the injury. Similarly, a company can’t exclude liability for what is known as fraudulent misrepresentation. That is basically an incorrect statement made fraudulently (i.e in the full and certain knowledge that it was wrong). For example, you go to buy a car and the vendor tells you that it’s got a brand new clutch, knowing full well that it’s old and about to fall out the bottom of the car. If you’d signed a sales contract which said you were buying “as seen” and that you weren’t relying on any statements made by the vendor, that contract term couldn’t be cited or relied on by the vendor if he or she had acted fraudulently when making the statement. Oh, and you can’t disclaim for something which is a crime, either.
So there you go, a few pieces of free legal advice for you!
Anyway, here is our disclaimer – hopefully it now makes sense: Rock of Feather does not attempt to exclude or limit liability for death or personal injury caused by the company’s negligence or that of its employees, agents, directors or shareholders or for any fraudulent misrepresentation. Notwithstanding the previous sentence, and to the fullest extent provided by law, Rock of Feather shall not be liable to you by reason of any representation, warranty, term, condition or other common law duty, whether express or implied, or for negligence (whether on the part of Rock of Feather or its employees, agents, directors or shareholders) for any indirect, special or consequential loss (including, but not limited to, loss of profit or saving), damage, cost, expense or any other claim for compensation whatsoever (monetary or otherwise) arising out of or in connection with the ordering, purchase, use, gifting or subsequent re-sale of our products or the use of our website generally.
The entire liability of Rock of Feather under or in connection with any contract for one of our products shall be limited to the price of that product, except as otherwise expressly provided in these terms and conditions.
Finally, Rock of Feather shall not be liable to you or be deemed to be in breach of these terms and conditions or any other contract between us and you as a result of any delay in performing, or any failure to perform our obligations in relation to the products that you have purchased, if the delay or failure to deliver was due to any cause beyond our reasonable control.
Use of our website
Although Rock of Feather uses reasonable endeavours to ensure that the information on its website is complete, accurate and up-to-date, we do not provide any warranty as to its accuracy or completeness and we shall not be responsible for any errors or omissions, or for any loss or damage arising from the use of such information.
That said, if, for example, we describe one of our items of jewellery incorrectly and you order it on that basis, you can obviously return it straight away.
We will also send you our sincere apologies and try our best to make it up to you.
Whilst we take reasonable steps to ensure a stress-free and reliable service, we cannot guarantee that your use of our website will be interruption or error free and we therefore cannot be responsible for any disruption, or loss or corruption of, any material or data in relation to any computer system.
We also cannot be responsible if you throw your computer out the window in an act of severe computer rage if the screen freezes at the point of order.
This is actually unlikely to be our fault anyway – stuff like that is usually down to your Wi-Fi going down. If you do throw your computer out the window, please let us know and we will try to arrange to send you a free gift of some kind.
Finally, Rock of Feather shall not be responsible nor liable for your use of any other website that you may access via links to our own. We have no control over third party websites and we are not responsible for their content. Any website links to third party websites are there merely a service to our customers and other users of our website and their inclusion on our website does not constitute an endorsement by or affiliation with Rock of Feather. That said, if you do see anything inappropriate on our or a third party website, please let us know as soon as possible, so that we can remove the link.
Assignments and transfers of legal rights Rock of Feather may assign or transfer any of its rights or sub-contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub-contract any of your obligations under these terms and conditions, except with our prior written consent. You may wonder what this clause is on about. Essentially, it means that we could assign our rights under our contract with you to someone else (e.g. another company could receive the money you pay us) or we could sub-contract our obligations to someone else (e.g. pay a third party to package and deliver our items on our behalf). In practice, this is unlikely to happen – for the foreseeable future at least!
Another situation when this clause might kick in is if we wanted to sell our business to some private equity firm for millions (also unlikely at the present time). Additionally, this clause prevents you from doing the things we are allowed to do. That may initially sound unfair, but when you think about it, it just means that you can’t assign your right to receive the product to someone else and you can’t sub-contract someone else to pay for the product instead of you. We assure you that this is a very normal contractual term in a company to customer contract!
No person who is not a party to these terms and conditions shall have any right to enforce any term under the
Contracts (Rights of Third Parties) Act 1999
We could explain this clause in detail, but you would just get bored. It just means that any contract is between you and us, and no one else has any rights under it.
Nothing in these terms and conditions is intended to affect any of your statutory rights that may not be legally excluded. We always used to wonder what this meant – product packaging always states: “This does not affect your statutory rights.” It basically means that anything written into a company’s terms and conditions cannot change or impact the rights you have by law, unless the law gives us permission to do so.
The content of our website (including, but not limited to, photos, designs, logos, fonts, pictures, text and other materials) is the copyright, trademark or registered trademark of Rock of Feather Limited. All rights reserved. The copying, modification, distribution, reproduction, or incorporation of all or any part of the content on our website is prohibited. Notwithstanding the previous sentence, we do give you permission to:
- Copy, print or download appropriate extracts of the content on our website for non-business purposes, or to assist you in placing an order with us (provided this is carried out in good faith); and
- Copy, print or download appropriate extracts of the content on our website for the purpose of sending to individual third parties for their personal, non-business use, provided that you do not intend to seek a commercial benefit from doing so, that you acknowledge us as the source of the content and you inform or refer the relevant third party to these terms and conditions, stating that they apply to them and that they must comply with them.
The above does sound a bit extreme, but don’t worry, we will always take a common sense approach!
The terms and conditions of our website and your use of the website generally shall be governed by English law, and you agree to submit to the non-exclusive jurisdiction of the English courts.
Whilst we will consider requests for our products from outside the UK, we are not able to confirm that the placing of an order, the purchasing of a product or the general use of our website from outside the UK complies with any relevant non-UK laws or regulations.
Rock of Feather Limited, 44 Leasway, Westcliff on Sea, Essex SS0 8PB