TERMS AND CONDITIONS
WHO WE ARE
We are The Road Rat, a trading name of Road Rat Limited (we, our, us). We are registered in England and Wales. Our company registration number is 11039692 and our registered office is at 10 Station Road, Henley-On-Thames, Oxfordshire, RG9 1AY.
These terms and conditions (together with the documents referred to in them) (the Terms) govern your relationship with us when you use our website located at www.theroadrat.com (the Website), use any of the services provided via the Website (the Services) and order any of the products available on the Website (the Products).
Please refer carefully to these Terms before you start to use the Website and the Services, and order any Products. We recommend that you print a copy of these Terms for future reference. By using the Website and the Services, and ordering the Products, you will be deemed to have understood and accepted these Terms, which form a binding agreement between you and us.
OTHER APPLICABLE TERMS
CHANGES TO THESE TERMS
At any time, we may amend these Terms to ensure that we remain compliant with the relevant laws and regulations and to ensure that we are constantly improving your experience when using the Website and the Services, and when ordering Products. If we do so we will notify you and you will be able to contact us to end the contract for the sale of Products before the changes take effect, and to receive a refund for any Products paid for but not received.
Please also check this page from time to time to take notice of any changes we have made. By continuing to use the Website and the Services, and by continuing to order the Products, after changes are made, you are accepting those changes and will be bound by them.
THE SERVICES WE PROVIDE
We offer various Services via the Website, including those which allow you to:
- purchase Products; and
- sign up for our free newsletter.
The list above is not an exhaustive list of the Services and we may decide to offer additional Services, or cease to provide any Services, at any time.
THE PRODUCTS WE PROVIDE
We offer various Products via the Website, including:
- The Road Rat print magazine (one-off issue) (the Magazine Issue);
- The Road Rat print magazine (subscription for four (4) individual issues) (the Magazine Subscription); and
- The Road Rat merchandise, including art prints, greetings cards, caps, coats, novelty items such as air fresheners and other similar merchandise (the Merchandise).
The list above is not an exhaustive list of the Products and we may decide to offer additional Products, or cease to provide any Products, at any time.
Our Website store is hosted by Shopify, Inc. Shopify, Inc. provides us with the e-commerce platform that allows us to sell the Products to you.
Our Magazine Subscriptions are managed by Bootstrap Heroes, LLC (doing business as ReCharge).
PRICE AND PAYMENT
All Website users can place orders for the Products (Orders).
You can submit Orders by making your selection on the Website and transmitting the Order to us by clicking on the 'Complete Order' button. The Website allows you to review your Order (including the Product, Price (as defined below), quantity and delivery information) and make any corrections before submitting it to us. By submitting the Order you confirm that you have made any such corrections.
Your submission of an Order amounts to an offer to enter into a contract to buy the Products from us. No Order is accepted by us until the Website displays an order confirmation message.
The price of the Products will be the price indicated on the Website from time to time (the Price). The Price stated excludes any discounts and delivery charges, which will be calculated at checkout. You authorise us, Shopify, ReCharge and our third party payment provider, Stripe (or such other payment provider as we or our commercial partners may choose to engage from time to time), to take payments and/or charge your payment card for the relevant amounts.
If you place an Order for a Magazine Subscription, the Price covers four (4) individual issues. Your Magazine Subscription will renew automatically for another four (4) individual issues after your initial (or any renewed) Magazine Subscription comes to an end, and payment for the then-current Price will be taken using your stored payment method. If you do not wish your Magazine Subscription to renew, you must let us know at least thirty (30) days before it is due to renew. We will contact you to let you know that this deadline is approaching.
We accept the following cards for payment: Visa, American Express, MasterCard and Maestro. By paying using your credit or debit card you confirm that the card is yours. We also accept payment using PayPal, and Apple Pay and Android Pay on supported devices. You confirm that there are sufficient funds or credit available to meet your Order.
Payments for all Products will be charged immediately on confirmation of your Order by us (save for Magazine Subscription renewals, which will be charged as set out above). Dispatch of your Order is subject to our being able to charge your payment card.
We reserve the right to change the Price of all Products at any time (though this will not affect any completed Orders) and we will indicate all revised Prices on the Website as soon as the change in Price has taken effect.
The delivery costs for the Products will be as indicated to you on the Website.
During the Order process for the Magazine Issue and the Merchandise, we will let you know the approximate delivery date, which will be no later than 30 days after the day on which we accept your Order. If you have placed an Order for a Magazine Subscription, we will let you know the approximate delivery date for the first magazine issue. Subsequent magazine issues will be dispatched as soon as possible after those magazine issues have published each quarter. The publication dates for upcoming magazine issues will be shown on the home page of our Website.
If our delivery of the Products is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by this event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our third party shipping provider will leave you a note informing you of how to re-arrange delivery or collect the Products from a local delivery depot.
If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect the Products from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract.
YOUR RIGHTS TO END THE CONTRACT
You can always end your contract with us. Your rights when you end the contract will depend on what you have ordered, how we are performing and when you decide to end the contract:
- if the Product you have ordered is faulty or misdescribed, you may have a legal right to end the contract (or to get some or all of your money back);
- if you want to end the contract because of something we have done or have told you we are going to do, see the "Ending the contract because of something we have done or are going to do" section below; and
- if you have simply changed your mind about the Product you have ordered, see the "When you can change your mind about the Products you have ordered" section below.
ENDING THE CONTRACT BECAUSE OF SOMETHING WE HAVE DONE OR ARE GOING TO DO
If you are ending the contract between us for any of the following reasons, the contract between us will end immediately and we will refund you for any Products which have not been provided:
- we have told you about an upcoming change to the Product which you do not agree to;
- we have told you about an error in the Price or the description of the Product you have ordered, and you do not wish to proceed;
- there is a risk that delivery of the Products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
- you have a legal right to end the contract because of something we have done wrong.
WHEN YOU CAN CHANGE YOUR MIND ABOUT THE PRODUCTS YOU HAVE ORDERED
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below.
In relation to Magazine Issues which you have ordered, you have no statutory right to change your mind and cancel the contract.
However, as a goodwill gesture, we offer you the right to change your mind and cancel the contract in respect of unopened Magazine Issues, without giving any reason, during the period ending at the end of 14 days after the day on which you receive, or a third party indicated by you (other than the carrier) receives, the Magazine Issue.
In relation to Magazine Subscriptions which you have ordered, you have the right to change your mind and cancel the contract, without giving any reason, during the period ending at the end of 14 days after the day on which you receive, or a third party indicated by you (other than the carrier) receives, the first of the four (4) individual issues which forms part of the Magazine Subscription.
This is separate to your right to cancel Magazine Subscription renewals, details of which are contained within the PRICING AND PAYMENT section of these Terms.
In relation to Merchandise which you have ordered, you have the right to change your mind and cancel the contract, without giving any reason, during the period ending at the end of 14 days after the day on which you receive, or a third party indicated by you (other than the carrier) receives, the Merchandise.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
To end the contract with us, please let us know by doing one of the following:
- Email us at email@example.com, providing your full name, details of the Order, your phone number and your email address.
- Print off the 'Model Cancellation Form' below and post it to us at the address on the form.
We will refund you the Price you paid for the Products (excluding delivery costs) by the method you used for payment. However, if you are exercising your right to change your mind:
- We may reduce your refund of the Price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in an unreasonable way which would not be permitted in a shop (to be determined in our reasonable discretion). If we refund you the Price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount by way of compensation (to be determined in our reasonable discretion).
- The maximum refund for delivery costs will be the cost of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- We do not offer partial refunds for pre-paid subscription after the first issue has shipped.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the Product back from you.
IF THERE IS A PROBLEM WITH THE PRODUCT
If you have any questions or complaints about a Product you have bought, please contact us. You can call us on 07395 832 531 or email us at firstname.lastname@example.org.
We can only replace Products if they are damaged or defective. If you think are eligible for a replacement, please call us on 07395 832 531 or email us at email@example.com and we will give you the returns address. We will pay the cost of postage where the Product is proven to be damaged or defective (to be determined in our reasonable discretion) and will issue a replacement free of charge.
MANAGING YOUR MAGAZINE SUBSCRIPTION
If you place an Order for a Magazine Subscription, you will be sent a link to a portal giving you the ability to manage your Magazine Subscription, including in order to:
- amend your payment card and delivery information; and
- cancel your Magazine Subscription in accordance these Terms.
We do not guarantee that the portal will always be operational. If it isn't, please call us on 07395 832 531 or email us at firstname.lastname@example.org in order to manage your Magazine Subscription.
ACCEPTABLE USE RESTRICTIONS
You may use the Website and the Services only for personal and lawful purposes. In particular, but without limitation, you agree not to:
- use the Website or the Services in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- abuse, harass, impersonate, intimidate or threaten other users of the Website or the Services, or otherwise behave in an inappropriate manner whilst accessing or using the Website or the Services;
- use, share or otherwise exploit the Website or the Services for any commercial, business or monetised purpose whatsoever;
- reproduce, duplicate, copy, share or re-sell any part of the Website or the Services in contravention of these Terms;
- use the Website or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users of the Website or the Services;
- transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Website and/or the Services; or
- access without authority, interfere with, damage or disrupt: (a) any part of the Website; (b) any equipment or network on which the Website is stored; (c) any software used in the provision of the Website; or (d) any equipment, network or software owned or used by any third party,
(together, the Acceptable Use Restrictions).
OUR RIGHTS TO END THE CONTRACT
We may end the contract between us, and/or your rights under these Terms, immediately on notice to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- you breach any of the Acceptable Use Restrictions;
- we believe that your use of the Website and/or the Services is unsuitable in any way; or
- you are otherwise in breach of these Terms.
If you or we end your rights under these Terms, you must immediately stop all activities authorised by these Terms, including, without limitation, your access to the Website and the Services.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that:
- the Website, and all material published on, in or via the Website (including, without limitation, all text, graphics, photos, logos, button icons, images, trade marks, audio and audio-visual clips, databases, data compilations and data (together, the Content)) are owned and controlled by, or are licensed to, us;
- you have no rights in, or to, the Content other than the right to use the Content strictly in accordance with these Terms; and
- you may not copy, adapt, display, share, communicate to the public or otherwise use any Content, except as enabled and permitted by the Website, the Services and these Terms from time to time.
AVAILABILITY OF THE WEBSITE AND THE SERVICES
The Website and the Services are provided on an "as is" basis. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Website and the Services, or that the Website and the Services will be secure, uninterrupted or free of defects.
Your access to the Website and/or any of the Services may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades or the introduction of new functions or services. We will try to limit the frequency and duration of any planned disruption but we will not be liable to you if for any reason the Website and/or any of the Services is/are unavailable at any time or for any period.
WEBSITES WE LINK TO
The Website may offer links to other websites from which third party services can be obtained and which we reasonably believe to be reputable sources of such services. However, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies.
We will use reasonable endeavours to ensure that no part of the Website or the Services will contain or spread any viruses or other malicious code. However, we recommend that you ensure that computers and any other devices used to access the Website and the Services run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Website and regularly check for the presence of viruses and other malicious code.
To the fullest extent permitted by law, we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the Website.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
We provide the Website, the Services and the Products for domestic and private use only. You agree not to use the Website, the Services or the Products for any commercial or business purposes, and we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
If the Website or the Services damage a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow download, installation or usage instructions or to have in place the minimum system requirements and anti-virus software advised by us.
COMMUNICATION BETWEEN US
If you wish to contact us for any reason, or if any condition in these Terms requires you to give us notice in writing, you can contact us by email at email@example.com.
If we have to contact you or give you notice in writing, we will do so by email or SMS using the contact details you have provided to us during your Order or the creation of a personal account (if applicable). Alternatively, we may contact you by phone based on your preferences and the urgency with which we need to get hold of you.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.
Each of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining Terms will remain in full force and effect.
These Terms are governed by English law. You can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To: [insert postal address]
Email address: firstname.lastname@example.org
I hereby give notice that I cancel my contract of sale for the supply of the following product(s)
Ordered on (date):
Name of customer:
Address of customer:
Signature of consumer(s) (if notified on paper):