Terms & Conditions

 

These terms and conditions (the "Terms and Conditions") govern the use
of
www.ROCKDEEP.com (the "Site"). This Site is owned and operated by ROCKDEEP, LLC. This Site is an Ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property

All content published and made available on our Site is the property of ROCKDEEP, LLC and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Accounts

When you create an account on our Site, you agree to the following:

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached that account

 

2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms & Conditions.

Sale of Goods

These Terms and Conditions govern the sale of goods available on our Site. The following goods are available on our Site:

  • Footwear & Apparel,

  • Footwear Memberships; and

  • Accessories

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Subscriptions

Your subscription does not automatically renew. You will be notified before your next payment is due and must authorize that payment in order for your subscription to continue.

Once you have purchased the subscription based Membership you may not cancel once you purchase.

Payments

We accept the following payment methods on our Site:

  • Credit Card; and

  • PayPal; and

  • Debit Card

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

    Shipping and Delivery

    When you purchase goods from our Site, the goods will be delivered through one of the following methods:

    Standard, Priority or Express via UPS, USPS and other options the customer may

    • Delivery time is based on when ROCKDEEP Shipping and Fulfillment delivers

    Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.

    You will be required to pay delivery charges in addition to the price for the goods you purchase.

    If you purchase goods from us for delivery to a destination outside the United States, your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them. Should you fail to/refuse to pay duties and fees when invoiced, then this results in charges assessed to ROCKDEEP. We reserve the right to deduct any of these fees, incurred by duty or product abandonment, from any refund due to the customer. If a refund is not requested by the customer, then ROCKDEEP reserves the right to invoice the customer for fees incurred. In addition, the responsibility of the shipping fee to resend the product is solely on the customer. ROCKDEEP will invoice the customer accordingly.

    You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of inaccurate or incomplete information. Should the order be marked "Return to Sender" and sent back to headquarters, we reserve the right to deduct fees incurred, from any refund due to the customer. If a refund is not requested by the customer, then ROCKDEEP reserves the right to invoice the customer for fees incurred. In addition, the responsibility of the shipping fee to resend the product is solely on the customer. ROCKDEEP will invoice the customer accordingly.

    Refunds

    Customer Returns and Refunds Under Federal Law

    Many retailers, as part of their business models, allow returns if customers change their minds or receive unwanted items as gifts. While many retailers have decided this makes for the best business practice, they aren't legally required to accept returns. Rather, retailers are required to accept returns only if the sold good is defective or if they otherwise break the sales contract.

    In addition to retailers being required to accept the return of defective items, federal law provides a "Cooling-Off Rule " giving buyers three days to cancel purchases of $25 or more. Under this rule, the right to cancel for a full refund extends until midnight of the third business day after the sale. The rule applies to sales at the buyer's home or workplace, at facilities rented by the seller on a temporary basis, or at locations otherwise away from the seller's normal retail location.

     

    Customer Returns and Refunds Under State Law

    In addition to applicable federal law, many states have laws regarding consumer refunds. Often, refund policies must be prominently displayed at the place of purchase in order to be valid. Many states, in addition to the protections of the federal Cooling-Off Rule, allow consumers to rescind club memberships or other special sales contracts within a specified number of business days.

    Other fees, such as restocking fees or cancellation fees normally must be made clear in the retailer's policy language. Regardless of whether your state requires disclosure of return policies, you should ask any retailer for their particular policy before making a purchase. Additionally, states may or may not explicitly apply their laws to online sales. Below are summaries of state laws governing refunds of retail sales items:

    Virginia State Laws:

    State law requires that a retail merchant disclose all conditions, charges, or fees relating to the return of goods for refund, exchange, or credit. A merchant's failure to disclose its return policy can be a violation of the Virginia Consumer Protection Act (VCPA.)

    ROCKDEEP is not required by federal or Virginia state law to provide refunds for purchased items, however we feel this is not good business or a good business practice.

    ROCKDEEP will issue refunds within 30 days after request. ROCKDEEP will refund as soon as possible, but we ask customers to be patient and refrain from emailing Customer Service repeatedly.

    Refunds for Goods

    Refund requests must be made within 7 days after receipt of your goods.

    We accept refund requests for goods sold on our Site for any of the following reasons:

    • Product is broken; or

    • Product is the wrong size.

    Refunds do not apply to the following goods:

    • Clearance Items

    • Sales items of 40% or more

    • Membership Subscriptions

    • Pre-Orders

    • Custom Apparel

     

    RETURNS & EXCHANGES

    If return or exchange is applicable, Customers have 7 days from receipt of their product to request a refund, exchange, or store credit.

    The item being returned or exchanged cannot show any visible wear.

    All items that were originally sent in Customer's package must be returned as well, i.e., poly bags, shoe inserts, dust bags, backpacks, and the like.

    ROCKDEEP has the right to refuse any exchange or return that does not follow policies and procedures.

    Product Returns

    Once product return or exchange has been confirmed with ROCKDEEP staff, please send to the following address:

    ROCKDEEP FULFILLMENT

    P.O. Box 25163

    Alexandria VA 22314

    If the customer chooses not to keep unworn items, they may pay for return shipping.

    If ROCKDEEP has provided a defective item or wrong size, we will issue a return label to the customer.

    If customer chooses to send back product for return/exchange without notifying staff; the return/exchange will be declined and sent back to customer.

    RESERVATION(PRE-ORDER) CANCELLATIONS:


    Customers have thirty days to cancel their reservations(pre-orders) without incurring a cancelation fee (35%).

    Those who choose to cancel their reservations(pre-orders) thirty days after purchase, incur a 35% cancelation fee before the remaining amount of funds is refunded.

    If after thirty days you choose to cancel your reservation(pre-order) and choose to obtain a store credit or exchange instead of a refund, the original order amount will be applied to store credit or exchange. The 35% cancelation fee will be waived in this instance.

    Reservations (Pre-Orders) produced are based on the number of items(reservations/pre-orders) purchased determined by the MOQ quantity agreed upon by ROCKDEEP and their manufacturer. When a customer cancels their order after ROCKDEEP's production order is placed with the manufacturer, ROCKDEEP incurs fees tied to the aforementioned shoe. To put it plainly, we are responsible for the number of shoes in the order placed even if a customer decides to cancel their order. These become unexpected costs that need to be consumed by our small business. In order to continue to provide quality products at an affordable price, we aim to keep these costs at a minimum with a set of detailed policies. Therefore, when an order has been canceled after the 30-day marker, the customer has broken the sale contract that was signed and acknowledged when clicking the "check box" at checkout.

    • Reservations (Pre-Orders) "production" process generally takes 90 days from the date of factory order- NOT the date of customer order
    • This is broken up in 30-day increments: 30 days(resourcing), 30 days(assembling), 30 days (shipping to ROCKDEEP headquarters)
    • An additional 15 days(roughly) is slotted for Quality Assurance check by the ROCKDEEP team once product is received at headquarters, and the act of packing and shipping out product to the customer
    • Explanations of this process are located within each product description
    • ROCKDEEP is not responsible for the customers failure to read the product description and its contents.
    • ROCKDEEP retains the responsibility of updating pre-order customers by ways of social media, email newsletter, posted updates to product page, posted updates to production schedule, mobile app notifications, and live updates made by the CEO

    It is important to note that due to unforeseen circumstances such as the pandemic and other logistical delays in this current climate, reservation(pre-order) timelines are subject to change. ROCKDEEP will continue to maintain transparency through their process by informing customers of any status updates through all forums mentioned above.

    FACEBOOK & INSTAGRAM ORDERS

    All orders placed via Facebook & Instagram are subject to the same policies mentioned in these terms & conditions.

    Any Facebook & Instagram order that is placed, has a 30-day window in which it is to be fulfilled. During this time, the funds are placed in an "escrow" by Facebook & Instagram and are not released to the merchant (in this case, ROCKDEEP) until the order is fulfilled and shipped out.

    If an order isn't fulfilled within 30 days, Facebook & Instagram return the funds spent back to the customer.

    If ROCKDEEP customer service reaches out to regarding a product that is not in stock, and you do not respond within those 30 days allotted by Facebook, your order will canceled in our system as Facebook would have already returned your funds to your account.

    Chargebacks, Disputes, & Other Fees

    Credit card companies submitting a dispute or chargebacks to ROCKDEEP for their reservations(pre-order), cancellation fees, fees applied for refused custom charges, return to sender fees and the like, will be given a copy of the terms & conditions and refund & return policy for those specific agreements as well as documentation of our checkout process illustrating your acceptance of the terms, via the client required action of selecting a check box. This information that we will provide, illustrates a contract that you created upon checkout and generally results in a dismissal of the dispute.

    Please be mindful that accounts with multiple pending chargebacks will be temporarily disabled while all concerns are resolved. Multiple chargebacks may result in account closure.

    Please also be mindful that filing a chargeback or dispute with the knowledge of our policies and the agreement to our policies is regarded as "Friendly Fraud" and can result in pursuing legal action against you.

     

    Consumer Protection Law

    Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

    Limitation of Liability

    ROCKDEEP, LLC and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from your use of the Site.

    Indemnity

    Except where prohibited by law, by using this Site you indemnify and hold harmless ROCKDEEP, LLC and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

    Applicable Law

    These Terms and Conditions are governed by the laws of the Commonwealth of Virginia.

    Severability

    If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

    Changes

    These Terms and Conditions may be amended from time to time to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

    Contact Details

    Please contact us if you have any questions or concerns. Our contact details are as follows:

    staff@ROCKDEEP.com

    You can also contact us through the feedback form available on our Site.

    Link to laws for customer returns and refunds by state.