FOR UK CUSTOMERS ONLY – Restricted Postcodes Apply
1. ABOUT THESE TERMS
1.1 These are the terms and conditions on which we supply the delivery benefits and services included in our VIP Delivery service (VIP DELIVERY) to you in relation to products ordered online via our website (www.motelrocks.com) or via our UK apps (together the Websites and/or Apps).
1.2 Please read and check these terms and conditions (these terms) carefully before you sign up to a VIP Delivery subscription (VIP Subscription). These terms will tell you what VIP Delivery does and does not include, how your VIP Subscription will work, where and when there may be restrictions on delivery availability, and other important information.
1.3 You should understand that by subscribing to and using VIP Delivery, you agree to be bound by these terms. If you have any queries regarding these terms, please contact us to discuss these.
1.4 All other www.motelrocks.com terms and conditions, including our Terms and Conditions of Sale, will apply to your purchase of the VIP Subscription in addition to these terms.
2.1 By purchasing the VIP Subscription, you will be able to benefit from unlimited next working day delivery at no additional cost for 12 months from the date of your VIP Subscription when ordering products on our Websites or in our Apps.
2.2 Accordingly, once you have subscribed to VIP Delivery, no charge will be applied if you select “Next Day Delivery” as a “Delivery Option” during the online checkout process. Please not that VIP Delivery DOES NOT INCLUDE SATURDAY DELIVERY.
2.3 VIP Delivery is valid for 12 months from the date you purchase the VIP Subscription (or, if renewing, from the date your subscription renewal begins). We will send a confirmation email to the email address registered on your Motel Account when your VIP Subscription begins.
2.4 Your VIP Subscription will begin immediately after your payment is successfully processed.
3.KEY CONDITIONS OF USE
3.1 You must be a UK customer with a registered Motel Account to purchase a VIP Subscription on the UK website www.motelrocks.com
3.2 You must be logged into your Motel Account to use VIP Delivery.
3.3 You may only use VIP Delivery to purchase items from our Websites and/or Apps for delivery in the UK. Your VIP Subscription will not cover purchases made from any other website or apps, including without limitation purchases made from any Motel branded website for any other country.
3.4 Postcode restrictions and cut-off times apply. Please see clause 5 (Delivery Availability) below for more information.
3.5 You must not use your VIP Subscription for business, re-sale or wholesale purposes, or for any purposes other than those that could be reasonably expected of someone using the VIP Delivery service for personal use
3.6 If you sign up for a VIP Subscription, you expressly request that we start providing the VIP Delivery service to you within your 14-day cancellation period. Therefore, if you place any orders within that 14 day cancellation period you will have lost the right to cancel your VIP Subscription.
4.YOUR VIP SUBSCRIPTION
4.1 Subscription Fee and Payment
4.1.1 The price of an annual VIP Subscription is £9.99 (Subscription Fee).
4.1.2 You must pay the Subscription Fee by way of a single upfront fixed payment at checkout using any of the payment providers we Motel supports
4.1.3 The Subscription Fee is non-refundable except as expressly set out in these terms.
4.2.1 Your VIP Subscription will terminate automatically at the end of the 12 month period. When your VIP Subscription ends, you will be required to pay our normal fees for use of our next day delivery services (or any other delivery option you choose at checkout).
4.2.2 If you wish your VIP Subscription to continue, you may renew it by buying again online. We will send you an email reminder shortly before your VIP Subscription is due to expire.
5.1 Excluded Postcodes
5.1.1 VIP Delivery is available for delivery to UK postcodes only (as set out in clause 3.3).
5.1.2 VIP Delivery does not include delivery to any of the postcodes listed here (Excluded Postcodes). The Excluded Postcodes are currently: AB, BT, CA, DH, EH, JE, GY, HS, IV, KA, KW, NE67 NE69, NE70, PA, TD, ZE, IM, PH.
5.2 Cut-Off Times
5.2.1 To benefit from next working day delivery, you must place your order before the relevant cut-off time as specified on or in our Website and/or Apps when you place your order. Please see clause 5.2.3 for a list setting out our standard cut-off times although these are subject to variation as shown on our website from time to time. During the online checkout process before you finalise your order, we will give you estimated delivery times and dates depending on the order time and delivery address.
5.2.2 For the purposes of these terms, ’working day’ means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
5.2.3 Our standard cut-off times and delivery timescales are as follows:
(a) [Orders placed Monday to Friday before 9.00 pm will be despatched on the same working day to arrive the next working day;
(b) Orders placed Monday to Thursday after 9.00 pm will be despatched on the next working day to arrive the following working day; and
(c) However, any orders placed on a Friday after 9.00 pm, a Saturday or a Sunday will be despatched on the next following working day to arrive the working day after despatch.
5.3 Changes in Delivery Availability
5.3.1 The cut-off times above may change at certain times. For example, cut-off times may be earlier than 9.00 pm during busy periods such as during sales or in the weeks before Christmas. Up to date information is available at checkout.
5.3.2 Full details of the current Excluded Postcodes and cut-off times can be found at the Delivery Information section on our website.
6.OTHER IMPORTANT TERMS
6.1 Acceptance of subscription
We reserve the right to accept or refuse any VIP Subscription.
6.2 No transfer or assignment of subscription or benefits
You may not transfer or assign your VIP Subscription or any VIP Delivery benefits including promotion codes for VIP Subscriptions or benefits, except as expressly allowed in these terms.
6.3 No resale, rental or shipping to customers
You are not permitted to purchase products for the purpose of resale, rental, or to ship to customers or potential customers using any VIP Delivery benefits.
6.4 No minors
VIP Delivery is only available to end consumers aged 18 years or older.
7.YOUR RIGHT TO CANCEL
7.1 You will have a 14-day period from purchase of your VIP Subscription to cancel and receive a refund of the Subscription Fee.
7.2 If neither you nor anyone authorised by you to use your account has taken advantage of any VIP Delivery benefits in the current subscription period, we will refund the Subscription Fee in full.
7.3 If you have made use of VIP Delivery Benefits prior to such cancellation, we will deduct from the refund made to you an amount equal to that which you would have paid for Next Day Delivery Service in respect of all items ordered using the Next Day Delivery Service without having signed up for a VIP Subscription.
7.4 To cancel your Subscription within the 14-day period, please inform us in writing via email@example.com with CANCELLATION in the email title. Your cancellation will be effective from the date of your cancellation email. Alternatively, you may use this cancellation form.
8.TERMINATION AND SUSPENSION
8.1 We may terminate your VIP Subscription with 14 days’ notice for convenience and will give you a prorated refund of your paid VIP Delivery subscription fee based on the time remaining in your current subscription period.
8.2 We may terminate, suspend or cancel your VIP Subscription with immediate effect if we believe that your use of the VIP Delivery Service:
8.2.1 materially breaches these terms or any applicable law;
8.2.2 has been in relation to purchases which you are making for business, re-sale or wholesale purposes, or for any purposes other than those that could be reasonably expected of someone using the VIP Delivery service for personal use; and/or
8.2.3 involves fraud or misuse or is otherwise detrimental to Motel Rocks’ interests.
8.3 If we terminate your VIP Subscription in accordance with clause 8.2:
8.3.1 we will not give any refund of any amount paid for the VIP Subscription; and
8.3.2 . we may also refuse or cancel order(s) or close or freeze your Motel Account (and associated accounts), even if we have previously confirmed an order.
8.4 We will try to contact you if this happens. If this happens to you and you think we have made a mistake, please contact us by email at firstname.lastname@example.org and we will be happy to discuss the situation with you.
8.5 If we suspect or discover that a VIP Subscription has been used in breach of these terms, we have the right to recoup all our direct delivery costs and losses from the account holder.
9.1 We are liable for any damage you suffer as a result of gross negligence or wilful misconduct by us, including by our directors and legal representatives.
9.2 In addition, we are liable for breach of our obligations under these terms which are essential for the provision of VIP Delivery and which you rely on when subscribing to VIP Delivery. In this case, we are only liable for losses and damage that were foreseeable to both you and us when you subscribe to VIP Delivery.
9.3 Nothing in this paragraph affects your statutory rights as a consumer or limits our liability for damages from injury to life, body or health, for a breach of a guarantee or for fraudulently concealed defects.
10.1 While we will try our best to ensure delivery by the estimated delivery times provided to you when you place an order, we and our delivery service providers may be unable to do so due to circumstances beyond our/their reasonable control or during particularly busy periods (e.g. during sale periods).
10.2 We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. Such causes include (without limitation):
10.2.1 acts of God, flood, drought, earthquake or other natural disaster;
10.2.2 epidemic or pandemic;
10.2.3 terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
10.2.4 nuclear, chemical or biological contamination or sonic boom;
10.2.5 any law or any action taken by a government or public authority;
10.2.6 collapse of buildings, fire, explosion or accident;
10.2.7 any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the party seeking to rely on this clause, or companies in the same group as that party);
10.2.8 non-performance by suppliers or subcontractors (other than by companies in the same group as the party seeking to rely on this clause); and
10.2.9 interruption or failure of utility service.
10.3 Restrictions may apply and affect the timing of deliveries. These restrictions may change from time to time. We advise you to check our Delivery Information each time you wish to make a purchase to ensure that you are aware of the cut-off times and post code restrictions that at the relevant time.
10.4 We aim to keep you updated of any delivery issues which may arise. If you have any other issues, please feel free to contact us and we will be happy to help.
10.5 This clause 10 do not affect your statutory rights.
These terms 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.
12.CHANGES TO THESE TERMS
12.1 We may change these terms or the VIP Delivery service, or any part of it, at any time: for legal or regulatory reasons; for security reasons; to enhance existing features or add additional features to the VIP Delivery service; to reflect advancements in technology; to make reasonable technical adjustments to the VIP Delivery service; and to ensure the ongoing operability of the VIP Delivery service.
12.2 If we make changes, we will inform you in due form and time about it and remind you of your rights.
12.3 If any court or relevant authority decides that any change is invalid or unenforceable for any reason, that change is severable and does not affect the validity or enforceability of any remaining changes or terms.
13.INFORMATION ABOUT US
www.motelrocks.com is a website operated by Rustin and Mallory Wholesale Limited. We are registered in England and Wales under company number 07022462 and our registered office is at 18 Buntsford Park Road, Bromsgrove, Worcestershire, B60 3DX. Our registered VAT number is 982041525.
For any additional questions, you may contact us by telephoning us at [NUMBER], emailing us at email@example.com or by writing to us at 18 Buntsford Park Road, Bromsgrove, Worcestershire, B60 3DX.
(Complete and return this form only if you wish to withdraw from the Contract)
To Rustin and Mallory Wholesale 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 for the supply of the following service: VIP Delivery Service Subscription
Ordered on_____________/received on_____________.,
Name of consumer(s) ______________________
Address of consumer(s) ________________________
Signature of consumer(s) (only if this form is notified on paper),