Terms & Conditions
Rocky’s Beverages LLC (“Rockysgingerbeer.com”) owns and operate this Website. This document
governs your relationship with Rockysbeverages.com (“Website”). Access to and use of this Website and
the products and services available through this Website (collectively, the “Services”) are subject to the
following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing
to all of the Terms of Service, as may be updated by us from time to time. You should check this page
regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or
amend the Services without notice. We will not be liable if for any reason this Website is unavailable at
any time or for any period. From time to time, we may restrict access to some parts or this entire
This Website may contain links to other websites (the “Linked Sites”), which are not operated by
Rockysbeverages.com. Rockysbeverages.com has no control over the Linked Sites and accepts no
responsibility for them or for any loss or damage that may arise from your use of them. Your use of the
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or
distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically
harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service;
corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary
rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
attempt to affect the performance or functionality of any computer facilities of or accessed through this
Website. Breaching this provision would constitute a criminal offense and Rockysbeverages.com will
report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or
other technologically harmful material that may infect your computer equipment, computer programs,
data or other proprietary material due to your use of this Website or to your downloading of any
material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made
available to you on or through this Website remains the property of Rockysbeverages.com or its
licensors and are protected by copyright laws and treaties around the world. All such rights are reserved
by Rockysbeverages.com and its licensors. You may store, print and display the content supplied solely
for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise
reproduce, in any format, any of the content or copies of the content supplied to you or which appears
on this Website nor may you use any such content in connection with any business or commercial
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and
conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays
or force majeure for which we will not be responsible.
In order to contract with Rockysbeverages.com you must be over 18 years of age and possess a valid
credit or debit card issued by a bank acceptable to us. Rockysbeverages.com retains the right to refuse
any request made by you. If your order is accepted we will inform you by email and we will confirm the
identity of the party which you have contracted with. This will usually be Rockysbeverages.com or may
in some cases be a third party. Where a contract is made with a third party Rockysbeverages.com is not
acting as either agent or principal and the contract is made between yourself and that third party and
will be subject to the terms of sale which they supply you. When placing an order you undertake that all
details you provide to us are true and accurate, that you are an authorized user of the credit or debit
card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost
of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order:
this email will only be an acknowledgement and will not constitute acceptance of your order. A contract
between us will not be formed until we send you confirmation by e-mail that the goods which you
ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the
time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are
accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we
will inform you of this as soon as possible and give you the option of reconfirming your order at the
correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you
cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable
and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure
there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being
received. The monies received upon the debiting of your card shall be treated as a deposit against the
value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent
a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods
you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as
to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law
Rockysbeverages.com and its suppliers, content providers and advertisers hereby expressly exclude all
conditions, warranties and other terms which might otherwise be implied by statute, common law or
the law of equity and shall not be liable for any damages whatsoever, including but without limitation to
any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use,
profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of
substitute goods and services, arising out of or related to the use, inability to use, performance or
failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether
such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law
or otherwise. This does not affect Rockysbeverages.com’s liability for death or personal injury arising
from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any
other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage
our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any
form of association, approval or endorsement on our part where none exists. You must not establish a
link from any website that is not owned by you. This Website must not be framed on any other site, nor
may you create a link to any part of this Website other than the home page. We reserve the right to
withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party
trademarks and content, services and/or locations featured on this Website are in no way associated,
linked or affiliated with Rockysbeverages.com and you should not rely on the existence of such a
connection or affiliation. Any trade marks/names featured on this Website are owned by the respective
trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or
identify the products and services and is in no way an assertion that such products or services are
endorsed by or connected to Rockysbeverages.com.
You agree to indemnify, defend and hold harmless Rockysbeverages.com, its directors, officers,
employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages
and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach
of the Terms of Service.
Rockysbeverages.com shall have the right in its absolute discretion at any time and without notice to
amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our
liability to you) the enforceability of any other part of the Terms of Service will not be affected all other
clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a
clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted
accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that
closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first
arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and
remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all
preceding and contemporaneous agreements between you and Rockysbeverages.com. Any waiver of
any provision of the Terms of Service will be effective only if in writing and signed by a Director of