Tom Rocket's

Our Terms and Conditions

Section1: Scope and Applicability

The following terms and conditions apply for all merchandise, contracts of sale, and deliveries between us, Tom Rocket Ltd. and you as a customer ordering merchandise from our online shop.

Only the Tom Rocket Ltd. terms and conditions apply together with any special or additional conditions – within the limited scope of their applicability – as contractually agreed upon between you and Tom Rocket Ltd. The terms of the individual contracts are applicable and valid as stipulated at the time of the agreement. Other terms set by the customer outside of the agreement are invalid.

Section 2: Offers, prices, and completing contractual agreements

In order to purchase from our online shop you must be legally competent and at least 18 years old.

All of our merchandise is subject to these conditions.

Prices are binding as listed on the day of purchase. All prices listed include VAT but do not include shipping costs. Tom Rocket Ltd. reserves the right to change prices, remove products from our line, make corrections (misinformation, typos, etc.), and set limits on deliveries. All offers are subject to prior sale.

Our website merely presents information on our products and prices. Once you have checked the contents of your shopping cart, your personal information, as well as your preferred shipping carrier and payment method, the final step in the transaction is to click on the “Buy” button. When you click “Buy” you are formally agreeing to the sales offer made by Tom Rocket Ltd.

The online shop system will automatically confirm receipt of your order.

The contract, however, is not yet fully executed. The contract is only executed by shipping your order or through receipt of an extra email confirming the handling or shipping of the products you ordered.

Section 3: Cancellation policy

Consumer’s right to cancel

Consumers have the right to cancel according to the following specifications, whereby consumer shall mean any natural person who concludes a legal transaction for purposes that cannot be primarily attributed to his or her business or independent professional activities.

Cancellation instructions

You have the right to cancel this contract within 14 days without providing a reason. The cancellation period is 14 days from the day on which,

you or a third party named by you, who is not the forwarding agent, took possession of the merchandise received according to a complete order of one or more products and the merchandise has been completely delivered in one shipment;
you or a third party named by you, who is not the forwarding agent, took possession of the final merchandise received according to a complete order of multiple products and the various products have been delivered separately;
you or a third party named by you, who is not the forwarding agent, took possession of the final partial shipment or the final piece of merchandise as part of an order in which multiple partial shipments or the shipment of parts are required;

Should more than one of the above-mentioned cases apply, the window of opportunity for cancelation begins on the day when you or a third party named by you, who is not the forwarding agent, take/took possession of the final merchandise or the final partial shipment (or the final part).

To exercise your right of cancellation, you must notify us (Tom Rocket Ltd., 170 Edmund Street, Birmingham B3 2HB, United Kingdom, email: service[at]tomrockets.com) with a clear statement (e.g. a letter sent by mail, telefax, or email) of your decision to cancel this contract. You may use the sample cancellation form below, but this is not required. To meet the cancellation deadline, it is sufficient if you send the notice that you are exercising your right of cancellation before the end of the cancellation period.

Consequences of cancellation

If you cancel this contract, we must refund all payments that we have received from you, including shipping costs (except for additional costs resulting from your selection of a shipping method other than the low cost standard shipping method we offer), promptly and no later than 14 days from the day we received notice of your cancellation of this contract. We will use the same method of payment for the refund which you used in the original transaction, unless another arrangement was explicitly made with you; in no case will you be charged fees for this refund.

We may withhold the refund until we receive the returned merchandise or until you show that you sent back the merchandise, whichever occurs first.

You must send back or deliver the merchandise promptly no later than 14 days from the day you notify us of your cancellation of this contract, to us. To meet the deadline it is sufficient if you send the merchandise before the end of the 14-day period. You are responsible for the direct costs of returning the merchandise. You are also responsible for any decrease in the value of the merchandise only if such decrease in value is the result of handling it in a manner that was not necessary in order to examine the quality, features, and functions of the merchandise.

Exemptions to the right of cancellation

The right of cancellation does not apply to the following contracts:

contracts for the supply of goods that are not pre-fabricated and the production of which is governed by an individual choice of or decision by the consumer, or that are clearly tailored to the personal needs of the consumer;
contracts for the supply of goods which are highly perishable, or which may quickly pass their expiration date;
contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if such goods were unsealed after delivery;
contracts for the supply of goods which, according to their nature, are inseparably mixed, after delivery, with other items;
contracts for the supply of sealed audio or sealed video recordings or sealed computer software, if they were unsealed after delivery;
contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications.

<hyperlink>Cancellation form

End of the cancellation instructions

Section 4: Payment

You can pay for the merchandise you order using the following methods of payment:

Credit card (VISA, MasterCard)
Online bank transfer
Prepayment (merchandise delivered upon receipt of payment)

We will send you an email confirmation after checking your order information.

If your merchandise does not arrive, contact us by email. We will immediately check the status of your order and if necessary ship a replacement order.

Section 5: Shipment and delivery

Shipment of the merchandise proceeds once we have received the total payment for the order. We reserve the right to make partial shipments. There is only one charge of handling and shipping fees per order. We work to ensure deliveries arrive as soon as possible. Should your delivery time exceed four weeks, you have the right to set a deadline specifying a date after which you will no longer accept receipt of the merchandise. This deadline must provide at least one month’s time for delivery. Additional claims or conditions – especially regarding delivery – do not apply. We reserve the right to terminate the contract in the case that the delivery could not be completed or could not be completed in a timely fashion or could not be completed correctly due to delays or faults by our suppliers, whereby we are not responsible for the merchandise being unavailable.

If you have selected a parcel pick-up station as your delivery address, your merchandise will automatically be sent by the Deutsche Post (DHL).

Normally, all products for sale are in stock. Should one or more products be temporarily out of stock, we reserve the right to replace orders of up to three bottles with a different brand of the same quality. If you ordered more than three, we will contact you within three days via email.

All shipments are in sturdy, non-descript packaging with a discrete name of sender.

Section 6: Transfer of risk

Consumer shall mean any natural person who concludes a legal transaction for purposes that cannot be primarily attributed to his or her business or independent professional activities. As a consumer, you assume the risk of accidental destruction and accidental damage of the purchased merchandise upon your receipt of the merchandise, regardless as to whether the shipment was insured or not. If you are not a consumer, shipment and delivery of the merchandise are at your own risk.

Section 7: Returns/claims/exchanges

Products can only be returned or exchanged in unused condition and in their original packaging, within 14 days and after we have assigned you a case number.

Returns or exchanges can only be made against credit.

Additional shipping costs may apply for renewed delivery.

Despite careful packaging and shipping, merchandise may be damaged during delivery. Complaints regarding damage, delivery contents, defective products, incorrect deliveries or variations in quantity must be submitted to us in writing by email immediately and no later than three work days after delivery.

In the case of any justified complaint, we will replace or repair the articles in question at no extra cost. The allocated minimum time period for this is four weeks. If the repairs or the replacement delivery are also faulty, you can, unless excluded by other conditions, choose to exchange the items, receive a discount or cancel the order.

Only return merchandise to us if and when we instruct you do so!

Shipping costs for returned merchandise shall be paid for by you, but we will immediately reimburse you as soon as the merchandise has been delivered to our storage facilities.

Return shipments are sent at your own risk.

Tom Rocket Ltd. makes no warrantees on the merchantability or fitness of the goods on sale for a particular purpose.

We are exempt from liability in claims made by you for damage and reimbursement of expenses, irrespective of their legal grounds, especially on account of deficiencies, the breach of obligations resulting from the contractual relationship or from tort. This does not apply insofar as there is mandatory liability pursuant to the German Product Liability Act, for example, in cases of deliberate acts, gross negligence, damage to life, physical injury or damage to health on account of a breach of material contractual obligations. Compensation for a breach of material contractual obligations is, however, limited to damages foreseeable for the particular type of contract, unless, or to the extent that, there is a deliberate act or gross negligence or liability for damage to life, physical injury or damage to health.

The provisions outlined above apply in favour of our members of staff and agents. They do not constitute any change in the burden of proof to your disadvantage.

Due to hygiene concerns, sex toys, lubricants and condoms may not be exchanged.

Warning!

We hereby explicitly notify you that all delivered merchandise is only to be used according to their specified intended purpose and any special notes on use included in instruction leaflets are to be strictly followed in order to eliminate all possibility of danger to life and limb.

The products may be implemented and used only with the consent of the person using them and not against another person’s will. None of our merchandise may be given to minors. All merchandise undergoes a thorough safety check; nevertheless, use of the merchandise is at your own risk. In particular, the seller accepts no liability whatsoever for any damage to life, physical injury or damage to health of whatever kind caused by improper use of the merchandise.

The room aromas we offer are not sold for consumption, and we assume no liability in cases of using room aromas as aphrodisiacs or stimulants.

Section 8: Data protection and privacy

The personal information and data that you share with us will be treated with the utmost care and diligence. We strictly observe all legal data protection regulations. Your information will only be used by us and companies affiliated with us.

Required information

When you place an order with us, we will need your name, email address, billing and delivery address as well as your desired method of payment. This information is necessary for processing your order. We save the information for our records, but it will NOT be given to third parties.

Cookies

Cookies are data stored on your hard drive. We use the information stored in the cookies to process your order. If your browser settings prevent you from accepting cookies, this will limit our sales functions.

SSL

For maximum security, we handle all confidential data using the best and latest encryption technology! The SSL (Secure Socket Layer) with its 128-bit encoding ensures that all your personal information is first encrypted by your computer and only after that do we forward your transaction details directly to your bank or credit card company.

Section 9: Disclaimer concerning third party links

Our site feature links to other internet pages. For all such links, the following applies: Tom Rocket Ltd. has no influence over the content or the layout of any linked sites. For this reason, we hereby explicitly dissociate ourselves from the content of all third party websites to which links are provided from our own website, and we also do not adopt their content as our own. This statement applies to all featured links and all the content of pages which can be accessed through these links.

Section 10: Information concerning online dispute resolution

The European Commission has established an internet platform to facilitate the resolution of online disputes (the “ODR platform”). The ODR platform is meant to provide resources to resolve conflicts outside of court concerning disputes over online sales contracts. You can access the ODR platform with the following link: <hyperlink>http://ec.europa.eu/consumers/odr

Section 11: Applicable law/written form agreement

English law shall apply for these terms and conditions and all legal relationships between us, Tom Rocket Ltd, and you, except for in matters otherwise governed by the United Nations Convention on Contracts for the International Sale of Goods. The place of execution and jurisdiction for all services arising from any business relationship with us shall be Tom Rocket Ltd. headquarters.

All amendments to these business conditions or supplementary agreements to them shall be required in written form.

Section 12: Severability clause

Should individual terms of the contract be ineffective or unenforceable, the legal effectiveness of the other provisions is not affected. The ineffective or unenforceable contractual provision shall be replaced by legal provisions.