Terms and Conditions

Rocco Venezia Limited

Terms & Conditions of Sale

  1. Interpretation
    1. In these conditions:
      Buyer
      means the person specified in the Order.
      Conditions
      means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller.
      Contract
      means the contract for the purchase and sale of the Goods as constituted by the Order and the Conditions.
      Goods
      means the goods (including any instalment of the goods or any parts for them) specified in the Order.
      Order
      means the order form to which the Conditions are attached.
      Seller
      means Rocco Venezia Limited (incorporated in Scotland No. 288710).
    2. Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
    3. The headings in these Conditions are for convenience only and shall not affect their interpretation.
  2. Basis of the Sale
    1. The Seller shall sell and the Buyer shall purchase the Goods in accordance with the Order which is accepted by the Seller (unless written notice to the contrary is given by the Seller to the Buyer within seven days of receipt by the Seller of the Order), subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions of the Buyer or otherwise.
    2. Any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by an authorised representative of the Seller.
  3. Orders and Specifications
    1. The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
    2. The quantity, quality and description of and any specification for the Goods shall be those set out in the Order, subject to availability. The Seller reserves the right, if the ordered Goods are not available, to substitute similar items of the same overall standard.
    3. The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or regulatory requirements of any competent authority of valid jurisdiction or other changes which do not materially affect their quality or performance.
  4. Price of the Goods
    1. The price of the Goods is inclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to the Seller, and unless otherwise agreed, shall be the price listed in the Seller’s published price list current at the date of acceptance of the Order.
    2. Prices on the Order may have been superseded if the Order is not the most recent order form published by the Seller. If so, the Seller shall be entitled to change its current prices as reflected on its website, www.roccovenezia.com. The Seller reserves the right by giving notice to the Buyer at any time before delivery to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
    3. Except as otherwise stated in any price list of the Seller, and unless otherwise agreed in writing between the Buyer and the Seller, all prices are given by the Seller excluding delivery, and where the Seller agrees to deliver the Goods otherwise than at the Seller’s premises, the Buyer shall be liable to pay the Seller’s charges for transport, packaging and insurance.
  5. Terms of Payment
    1. The Buyer shall make payment of the price with order.
    2. No order will be processed without payment and any sums not received by the Seller when due shall incur interest on a daily basis at the rate of 5% per annum above the base rate of The Royal Bank of Scotland plc from the date such sums become due until the date of actual payment.
  6. Delivery and Returns
    1. Delivery of the Goods shall be made by the Buyer to the UK address specified in the Order (after which delivery shall be deemed to have taken place whether or not the Buyer has received the Goods) or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place.
    2. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
    3. Where the Buyer is an individual, the Buyer has the right to cancel the Order by returning the Goods (at the Buyer’s cost and risk) in the same condition as delivered to the Buyer within 7 days after delivery.
  7. Risk and Property
    1. Risk of damage to or loss of the Goods shall pass to the Buyer;
      1. in the case of Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection; or
      2. in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
    2. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
  8. Warranties and Liability
    1. Subject to the conditions set out below (and the terms of Condition 3 hereof) the Seller warrants that the Goods will be of merchantable quality.
    2. The above warranty is given by the Seller subject to the following conditions:
      1. the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s approval; and
      2. the Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment.
    3. Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
    4. Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
    5. Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
      1. The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control.
  9. Breach by Buyer
    1. If the Buyer is in breach of its obligations under the Contract then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
  10. General
    1. No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provisions.
    2. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provision of these Conditions and the remainder of the provisions in question shall not be affected.
    3. The Contract shall be governed by the laws of Scotland and the Buyer agrees to submit to the nonexclusive jurisdiction of the Scottish courts.

Term & conditions of use of this website

This is an important section of the site explaining the terms and conditions you are agreeing to when you use and/or shop from the roccovenezia.com web site (the “Site”).

  1. Unless otherwise specified, the materials on the Site are directed solely at consumers who access the Site from the United Kingdom. Rocco Venezia Limited (“we” or “us”) does not represent that any product referred to in the materials on the Site is appropriate, or available, in other locations. Those who choose to access the Site from other locations are responsible for compliance with local laws, if and to the extent local laws are applicable.
  2. Any contract between us, whether for use of the Site or in relation to the purchase of products or services through the Site, will be governed by the laws of Scotland and all parties submit to the non-exclusive jurisdiction of the Scottish Courts. Any contract will be communicated in English.
  3. We have taken every care in the preparation of the content of the Site, however we cannot guarantee uninterrupted and totally reliable access to the Site, and therefore cannot guarantee that the information will always be completely up to date and free of mistakes. To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the Site and will accept no liability for any loss or damage arising as a result of problems with access.
  4. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained on the Site.
  5. Certain (hypertext) links in the Site may lead to other web sites, which are not under the control of us. When you activate any of these you will leave the Site and we have no control over and will accept no responsibility or liability for the material on any web site which is not under the control of us.
  6. We may make software owned or operated by third-party companies available to you. You must only use this software in accordance with the terms and conditions imposed by the third-party provider.
  7. Your correspondence or participation in promotions, or business dealings with advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, or as the result of the presence of such advertisers on the Site.
  8. The exclusions of liability set out in these terms and conditions shall not apply to any damages arising from death or personal injury caused by the negligence of us, or any of our employees or agents.
  9. These terms and conditions shall be governed by and construed in accordance with laws of Scotland. If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
  10. We reserve the right to alter these terms and conditions from time to time by posting new terms and conditions on the Site.
  11. If any provision of these conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part then such provision shall be deemed to be omitted and the validity of the other provisions of these conditions shall not be affected.

Trade marks

All brand names, product and service names and titled and copyrights used in the Site are trade marks, trade names, service marks or copyrights of their respective holders. No permission is given by us for their use by any person other than such holders and such use may constitute an infringement of the holders’ rights.

Copyright

All designs, text, graphics and their selection and arrangement on the Site are the copyright of us or its content providers. Permission is granted to users to copy electronically or print portions of this site for their own personal, non-commercial use. Any other use of materials on the Site without the prior written consent of us is strictly prohibited.

Acceptance of orders

We validate your order and credit or debit card details you submit to us before your order can be accepted. Once that has been done, we will confirm that your order has been received by sending an e-mail to the e-mail address you provide in your registration form.

Subject to further validation checks we may choose to make, our acceptance of your order brings into existence a legally binding agreement between us which you are not entitled to cancel without our consent.

We accept all orders for products subject to availability and also to changes to specifications of items made by our suppliers. If your order cannot be fulfilled you will be offered an alternative or given a full refund.

We accept payment by most major credit cards or debit cards. Payment will be debited to your account before the dispatch of your purchase.

All credit and charge card holders are subject to validation checks and authorisation by the card issuer and/or third parties. We will not be liable for any delays to your order this may cause. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. Orders can only be delivered to UK addresses.

You are responsible for completing all matters on order forms and orders will be fulfilled in accordance with the information which you enter on such order form.

Risk of damage to or loss of any items passes to you when delivered to the address specified on the relevant order form.

No warranty is given that items supplied under an order placed on the Site are suitable for any particular purpose. Except in case of death or personal injury, we shall not be liable for any indirect, special or consequential loss or damage which arises out of or in connection with the supply of items from the Site or their use or re-sale by you and the entire liability of us under and in connection with the contract for the supply of such items shall not exceed the relevant purchase price, except as expressly provided in these conditions.

These terms and conditions are subject to, and do not exclude, any statutory rights of any consumer.