Terms & Conditions

These Terms and Conditions will apply to the purchase of the goods by you (the Customer).

Factoryfunction Ltd (trading as Pixel Rocket) is a company registered in England and Wales under number 11015382.

Interpretation

Contract means the legally-binding agreement between you and me for the supply of the Goods;

Goods means the goods advertised on the Website that I supply to you of the number and description as set out in the Order;

Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

Privacy Policy means the terms which set out how I will deal with confidential and personal information received from you via the Website;

Website means our website https://www.pixelrocket.store on which the Goods are advertised.

Goods

The description of the Goods is as set out in the Website, or other form of advertisement.

All Goods which appear on the Website are subject to availability.

I can make changes to the Goods which are necessary to comply with any applicable law.

Basis of Sale

The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, I can reject it for any reason, although I will try to tell you the reason without delay.

The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

A Contract will be formed for the sale of Goods ordered only when you receive an email confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform me immediately of any errors. I am not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to me giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract.

No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

Price and payment

Prices exclude VAT at the rate applicable. If applicable, VAT will be added at checkout.

You must pay by submitting your credit or debit card details with your Order and I will take payment immediately.

Withdrawal and cancellation

You can withdraw the Order by telling me before the Contract is made, if you simply wish to change your mind and without giving me a reason, and without incurring any liability.

Right to cancel

Subject as stated in these Terms and Conditions, you can cancel this contract within 30 calendar days without giving any reason.

The cancellation period will expire after 30 calendar days from the day on which you acquire possession of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 30 calendar days after the first delivery.

To exercise the right to cancel, you must inform me of your decision to cancel this Contract by a clear statement setting out your decision (eg email).

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period

If you cancel this Contract, I will reimburse to you all payments received from you.

Timing of reimbursement

I will make the reimbursement without undue delay, and not later than 14 days after the day I receive your cancellation request. I will make the reimbursement using the same means of payment as you used for the initial transaction.

Circumstances beyond the control of either party

In the event of any failure by a party because of something beyond its reasonable control:

  1. the party will advise the other party as soon as reasonably practicable; and
  2. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to any right to cancel.

Privacy

Your privacy is critical to me. I respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy.

I am a Data Controller of the Personal Data I Process in providing Goods to you.

Where you supply Personal Data to me so I can provide Goods to you, and I Process that Personal Data in the course of providing the Goods to you, I will comply with our obligations imposed by the Data Protection Laws:

  1. before or at the time of collecting Personal Data, I will identify the purposes for which information is being collected;
  2. I will only Process Personal Data for the purposes identified;
  3. I will respect your rights in relation to your Personal Data; and
  4. I will implement technical and organisational measures to ensure your Personal Data is secure.

For any enquiries or complaints regarding data privacy, you can e-mail: [email protected].

Excluding liability

The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer.

Governing law, jurisdiction and complaints

The Contract (including any non-contractual matters) is governed by the law of England and Wales.

Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

I try to avoid any dispute, so I deal with complaints in the following way: If a dispute occurs customers should contact me to find a solution. I will aim to respond with an appropriate solution within 5 days.

Last updated: 21/01/2024