Sales Terms (International)

Please carefully read these Sale Terms, our Website Terms of Use and our Privacy Notice.

WHEN YOU PURCHASE PRODUCTS FROM THE ROTOVR STORE AT www.rotovr.com (PRODUCT / PRODUCTS), YOU CONCLUDE A LEGALLY BINDING AGREEMENT WITH ROTO LTD. (ROTO, WE, US OR OUR) BASED ON THESE SALE TERMS (THE SALES CONTRACT). THE SALES CONTRACT BETWEEN YOU AND ROTO IS FORMED WHEN WE SEND YOU AN ORDER CONFIRMATION VIA E-MAIL.

When you place an Order, for purposes of contract laws, you are deemed to have reached out to Roto in the UK to transact business with us. Your order will be fulfilled by Roto. As such, your contract with us is governed under the laws of the UK and the consumer protection laws that apply to your purchase are the relevant UK laws. In serving your order that requires international shipping, we pass to you the title to the Products as well as all risk and responsibility (including for loss or damage) once the Products leave our warehouse.

You are encouraged to save and print these Sale Terms for future reference. Roto may also keep an electronic record of your acceptance of these Sale Terms.

When you place an order on our Roto Store, you represent and warrant to us that:

1. (a)  you are at least 18 years of age; and
2. (b)  if you are not above 18 years of age, that you have obtained consent from your parent or guardian to place the order.

If you are buying products for a business or on behalf of a business, please contact Roto via the Contact page. The product warranties given under these Sale Terms do not apply to any:

(a) corporate purchases;

(b)  products that are acquired for commercial purposes; or

(c)  any gift redemptions.

For a gift redemption, please refer to the business from whom you obtained your vouchers or gift codes for the terms and conditions governing your gift redemption.

1. Information about Roto

Roto VR Ltd. is the seller of the Products. Our company registration number is 09473421. Our registered business address is Devonshire Business Centre Devonshire House, Manor Way, Borehamwood, Herts, England, WD6 1QQ. You can contact us at info@rotovr.com

2. Roto VR Store presentation

We strive to ensure that the Roto Store content is correct at all times. However, mistakes sometimes do occur. We may make a mistake in a product’s description or fail to update the price once in a while. We reserve the right to correct our mistakes, errors or omissions by either cancelling your order or offering you alternative options. If a pricing error is obvious, you agree that we do not have to sell you the Products at the incorrect (lower) price. You will always have the right to cancel your order after we alert you of our mistake.

Despite our best effort to provide accurate images of each Product’s colour and design, actual colours and design may vary slightly due to different device display settings. You accept that there may be a slight variation between what you see on our Roto Store and the actual colour and design.

You also accept that due to technology limitations and the use of manual assembly for some parts of our Products, the actual Products may vary slightly from their images in the Roto store. These variations should however not be major.

The Roto Store is solely for the promotion of our Products in the UK and for International Orders fulfilled out of the UK. Our Products are intended to comply with UK-specific laws and regulations. If you are placing an order on the Roto Store from a country outside of the UK, the Products may not comply with all applicable laws and regulations of the country from which you placed the order.

All Products displayed on the Roto Store are subject to availability and we reserve the right to remove or amend the availability of a Product from the Roto Store at any time, or to otherwise limit the Products that each order, account, debit / credit card, person or household can buy. We reserve the right to cancel your order(s) if you attempt to circumvent quantity limitations, such as by using multiple email addresses or accounts. We also reserve the right to revise the pricing of any Product on the Roto Store at any time without notice to you.

3. Your consumer rights

Product Warranty

Our Products are covered by our generous warranty. Our warranty is in addition to and does not replace any statutory rights you may have as a consumer under UK laws.

Should you find that a Product is faulty or defective, you have the right to return it to us to be repaired, replaced or refunded in accordance with our Warranty.

4. Treatment of your information

We will decide whether to supply the Products to you based on the completeness and accuracy of the information that you provide to us.

Such information includes your name, shipping address, billing address and payment information (Buyer Information). By submitting the Buyer Information, you represent to us that the information you have provided is true, valid, complete and up to date in all respects, and that you have not entered the information of another person who has not given you any authority to act on such other person’s behalf.

You agree that we may collect, store, secure, use, disclose, retain and maintain your personal data, including the Buyer Information, in accordance with the privacy practices described in the Privacy Notice. If you have entered the Buyer Information on behalf of another individual, you represent that such individual has given you the consent to transfer her or his personal information to us and that such individual agrees to our processing of their information in accordance with the privacy practices described in the Privacy Notice.

If you have questions about the treatment of your personal data, please write to info@rotovr.com

5. Your order

Please take the time to ensure the accuracy of your order before completing your payment. Once you click on the ‘Pay Now’ button or its equivalent, you will have made a binding and irrevocable offer to buy the Products from Roto.

After you have placed your order, we will verify your payment before issuing an order confirmation to you. As part of Roto’s payment processing protocol, we may collect additional information about you, directly or through third party providers, for security and anti-fraud purposes.

Once we have successfully verified your payment, we will debit your selected payment method. Please note that we will process your payment at the time of placing the order.

When the Products are ready to be shipped out, we will send a shipment notice to the contact details you provided during checkout. The shipment notice will include tracking details and an estimated delivery date.

We allow our customers to place advance orders for specific Products (each, a Pre-Order). To successfully place a Pre-Order or Deposit, you must pay for the Products in advance. Your payment will be processed at the time of placing the Pre-Order and secures your position on the waitlist for these Products. We will send you confirmation of shipment for your Pre-Order once the delivery dates have been confirmed and tracking details are available. You can cancel your Pre-Order at any time before the Products are shipped out by using our support form.

While infrequent, it is possible that the Products may become unavailable after you have submitted your order. Should this happen, we will inform you and give you the options of amending your order for a different Product, placing a Pre-Order for the same Product or cancelling your order. If you cancel your order, we will refund you the full amount that you have paid.

If your payment is not processed as described in Section 6 (Payment), or if your payment does not pass our security checks, we will reject your order. In some cases, this can happen after you receive an order confirmation. If your order is rejected, your Sales Contract with us is cancelled without any liability to either you or us.

We may reject any order for any legitimate reason. Where that is the case, we will let you know via e-mail, and will refund you the full amount that you have paid (if any).

6. Payment

Credit, Debit Cards and Electronic Accounts

By submitting an order and providing us with your payment details at checkout, you authorise us (acting by our payment processor) to charge the relevant account to take payment for your order at the time of placing the order (the Sale Amount). amounts are invoiced in Pounds (UK), Dollars (US) or Euros (Europe). We will not be responsible for any losses you may suffer if the payment method you use to pay for an order does not have sufficient funds to cover all costs of that order.

If there is any refund or reduction in respect of any Sale Amount, we have the right to allocate the refund or reduction to any part of that Sale Amount, any e-gift card or voucher, in such order and manner as we may determine in our absolute discretion.

7. Delivery and delivery charges

The prices shown on the Roto Store do not include international shipping costs outside of North America.

We pass to you the title to the Products as well as all risk and responsibility (including for loss or damage) once the Products leave our warehouse in the UK or the US, but we will assist you to arrange delivery of the Products to your international shipping address that lies within our delivery zones.

The applicable shipping costs are calculated after you have provided your shipping address and will be displayed to you separately. The shipping costs displayed to you may include custom duties, levies, other applicable taxes and/or insurance. If they do not include any custom duties, levies or taxes, please take note that you may be required to pay such applicable custom duties, levies or taxes separately when the Products arrive in your country.

The estimated shipment arrival date will be included in the shipment confirmation sent to you. Sometimes, an event beyond our control may delay the shipment of your order. Should that happen, you will receive an updated delivery date as soon as it is available. Please note that any estimated delivery dates displayed on the Roto Store or communicated to you in any order or shipment confirmation or by our customer support team are simply estimates – they do not represent a guarantee that the Products will arrive by that delivery estimate.

Delivery is completed when the Products reach the shipping address you provided to us at the time of placing the order.

There may be limits to where Roto can ship the Products. If your shipping address is outside of our delivery zones or we are otherwise unable to ship to you, we will contact you after you place the order and issue you a refund for any payments made.

Should you have any questions about your order, please contact Roto via the contact page or at info@rotovr.com.

8. Prices and promotions

You are responsible for paying all other taxes, levies or duties imposed in connection with your purchase of Products from the Roto Store. To the extent we are obligated to collect any such additional taxes, we will set out the amount of any such taxes, levies or duties specifically.

We may adjust Product prices from time to time. Changes in price will not affect any order for which we have issued an order confirmation.

We run many promotions in the Roto Store and reserve the right to alter the terms or duration of any promotion without notice to you. Unless otherwise stated, these promotions are not applicable to International Orders.

9. Limitation of liability

Our Products are provided on an “as is” basis. We, our affiliates, officers and employees give no guarantee, representation or warranty, whether express or implied, in respect of the quality or fitness for a particular purpose of any Product, save as set out in our Warranty.

You agree that we shall not be responsible for any demands, loss, liability, claims, damage, costs or expenses (including the fees of any investigations and legal service providers), whether direct or consequential, suffered by you or anyone else arising from any:

1. (a)  modification to the Product that has not been authorised by us in writing;
2. (b)  use of the Product that is not in accordance with our instructions and guidelines;
3. (c)  use of the Product in a manner that is not how it would be reasonably used; and/or
4. (d)  breach or violation of or failure to comply with these Sale Terms.

To the extent permitted by law, you agree to fully indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, affiliates, and contractors, harmless from any demands, loss, liability, claims, damage, costs or expenses (including the fees of any investigations and legal service providers), whether direct or consequential, arising out of or in connection with your:

(a) modification to the Product that has not been authorised by us in writing;

2. (b)  use of the Product that is not in accordance with our instructions and guidelines;
3. (c)  use of the Product in a manner that is not how it would be reasonably used; and/or
4. (d)  breach or violation of or failure to comply with these Sale Terms.

To the extent permitted by law, we shall not be responsible to you for any indirect, consequential, collateral, special, punitive or incidental loss or damage, or losses that are not reasonably foreseeable at the time of your order.

Our Products are solely for domestic or personal use and you agree not to use them for any commercial, business or resale purposes. Should you do so, we shall not be responsible for any economic losses you may suffer including but not limited to loss of profits, loss of business, business interruption or loss of business opportunity.

Nothing in these Sale Terms is meant to exclude or limit in any way our liability to you where it would be unlawful to do so, including for the following:

1. (a)  death or personal injury resulting from our negligence.
2. (b)  fraud or fraudulent misrepresentation.
3. (c)  defective products under the Consumer Protection (Fair Trading) Act 2003; and
4. (d)  any other liability that cannot be excluded or limited by UK law.

Subject to the above, our liability to you under these Sale Terms will not exceed:

(a) for Product purchases, the value of the Product(s) purchased by you which are the subject of the claim; or

10. Events outside our control

We shall not be liable for delays or failures to perform our obligations due to events outside our reasonable control. Examples of these events include but are not limited to labour disputes, industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, acts of God, epidemics or pandemics, supply chain disruptions, malicious damage, accidents, failure of public or private telecommunications networks, impossibility of the use of shipping, aircraft, motor transport or other means of public or private transport or compliance with any laws or government orders.

If an event outside of our reasonable control takes place that affects our performance of our obligations to you:

1. (a)  we will let you know as soon as reasonably possible; and
2. (b)  our obligations are suspended and the time for performance of our obligations shall be extended for the duration of such an event.

Where the event affects our delivery of Products to you, we will arrange a new delivery date with you after the event is over.

11. Customer service / Complaints handling

We will do our best to resolve any complaints or disputes relating to Product purchases or these Sale Terms.

If you have any complaints or disputes, please attempt to resolve it with us informally by contacting us via the contact page or at info@rotovr.com.

12. Changes to these Sale Terms

You agree that we may revise these Sale Terms from time to time without prior notice to you. Any revisions to these Sale Terms will be reflected on this page. If the revisions are material and may affect you adversely, we may notify you of these changes via e-mail if we have your e-mail address.

The Sale Terms in force at the time you place your order serve as the transaction contract between Roto and you and govern our supply of the Products to you. Before your next transaction, we may have changed the Sale Terms without letting you know. By completing your order at the Roto Store, you confirm that you have reviewed and accept the Sale Terms in force at the time you place your order.

13. Governing law and dispute resolution

These Sale Terms shall be governed by and construed in accordance with the laws of The United Kingdom.

You agree that we shall try to resolve any dispute, controversy or claim arising out of or in connection with these Sale Terms (including any question regarding its existence, validity or termination) by negotiating in good faith.

If no amicable settlement is reached within 30 days from the start of such negotiations, we shall try to resolve the dispute by submitting it for mediation in the UK with Consumer Arbitration in accordance with its Mediation Rules for the time being in force.

Thereafter, if no amicable settlement is reached through the aforesaid mediation, the dispute shall be referred to and finally resolved by arbitration administered by Consumer Arbitration Centre (a trading name of Consumer Dispute Resolution Limited or CDRL) in accordance with the Arbitration Rules of the CDRL for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be England the language of the arbitration shall be English.

Notwithstanding the above clause, we may, at our sole option and election, and regardless of whether we are claimant or respondent, choose to submit the dispute to any court of competent jurisdiction. Once we choose to submit the dispute to a court of competent jurisdiction, you agree to submit to the exclusive jurisdiction of that court to determine the dispute.

Before you commence any proceedings in relation to a dispute between us and you, you shall notify us in writing, by sending an email to legal@rotovr.com. We shall then respond to you in writing via email, within 14 days of receiving your email, notifying you of whether we elect to refer the dispute to CDRL arbitration or to a court of competent jurisdiction. You agree to be bound by our election in the commencement of any proceedings against us.

Nothing in these Sale Terms shall stop or prevent either you or us from seeking urgent temporary relief, including any orders for injunctive relief and/or for specific performance, in a court of competent jurisdiction, as may be reasonably required to preserve the rights of either party. Any such application for relief shall not be deemed to be a breach or waiver of the dispute resolution procedure under this paragraph.

14. Other important terms

Unless stated otherwise, these Sale Terms set out all of the terms and conditions agreed upon between us as to the sale and purchase of Products through International Orders on our Roto Store and supersedes and extinguishes all previous proposals, agreements, representations and undertakings between us, whether written or oral, relating to this subject matter.

In the event of any inconsistency between these Sale Terms, the Terms of Use and the Privacy Notice, these Sale Terms shall prevail.

The Sales Contract is between you and Roto. Unless expressly provided, a person who is not a party shall not have any rights under the Contracts (Rights of Third Parties) Act 2001 to enforce any of its terms.

We may transfer our rights and obligations under a Sales Contract to another organisation. Such a transfer will not affect your rights or our obligations under these Sale Terms.

Each of the paragraphs of these Sale Terms operates separately. If one or more of these terms is held to be invalid, illegal or unenforceable by a competent authority, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable and the remaining terms shall continue to be valid and enforceable.

If we fail to insist that you perform any of your obligations under these Sale Terms, or if we delay enforcing our rights, that will not mean that we have waived our rights against you. You must continue to perform your obligations even under these circumstances and we will be entitled to exercise our rights and remedies at a later stage. Any waiver by us will only be done expressly in writing. Any waiver by us of your breach does not mean that we will automatically waive another breach by you.