Terms & Conditions
[WWW.BUBBLEMOON.CO.UK] (“site”) is owned and operated by [BUBBLE MOON], business address at [4 LONDON ROAD, BENFLEET, ESSEX SS7 5TL].
Please read these terms and conditions carefully before placing an order. By purchasing products on this site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions please do not purchase products on this site.
2. CHANGES TO TERMS
We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.
Please check these terms and conditions periodically for changes.
Your continued use of this site and purchase of products on this site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.
If the revised terms apply to your order, we will notify you of the changes. If you intend to cancel the Contract with us upon such changes, you may cancel either in respect of all the affected Products or just the Products you are yet to receive. If you opt to cancel, you shall return (at our cost) relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
We have made every effort to display the images of the Products accurately on our Site, but they are for illustrative purposes only. All sizes, weights, capacities, colour's, dimensions and measurements indicated on our Site have a [2%] tolerance. Products delivered and packaging may vary slightly from those images.
5. AGE RESTRICTION
You shall not purchase any Products from our Site if you are below the age of 18 years old.
6. ACCEPTANCE OF ORDER
6.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the Order issued to you by email (Dispatch Confirmation). We are not bound by the Order unless we accept it in writing.
6.2 If there is any conflict between these Terms and any term of the Order, the Order will take priority.
6.3 At the time of acceptance of an Order an order number is assigned to you. You should quote the order number in all your subsequent correspondence relating to the Order.
6.4 If you have already paid for the Products and we are unable to supply you with a Product because the Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will notify you and will refund you the full amount (including any delivery costs charged) as soon as possible.
7. ENTIRE AGREEMENT
8.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.
8.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
9. RIGHT TO CANCEL
9.1 Your legal right to cancel a Contract starts from the date on which you receive the Dispatch Confirmation. Your right to cancel the Contract depends on what you have ordered and how it is delivered, as set out in clause 9.2 below.
9.2 You have a legal right as a consumer to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below:
Your Contract End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days). 14 days after the day on which you received the Product.
Example: if we provide you with a Dispatch Confirmation on 1 April and you received the Product on 10 April you may cancel at any time between 1 April and the end of the day on 24 April.
Your Contract is for either of the following:
• one Product which is delivered in instalments on separate days.
• multiple Products which are delivered on separate days. 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 April and you receive the first instalment of your Product or the first of your separate Products on 10 April and the last instalment or last separate Product on 15 April you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 April and the end of the day on 29 April.
Your Contract is for the regular delivery of a Product over a set period. 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 April in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 April, you may cancel at any time between 1 April and the end of the day on 24 April. 24 April is the last day of the cancellation period in respect of all Products to arrive during the year.
9.3 If during the relevant period you intend to cancel the Contract with us, you can notify us of your decision and receive a refund. You can obtain advice on your legal right to cancel the Contract from your local Citizens' Advice Bureau or Trading Standards office.
9.4 However, you cannot cancel Contract in below cases:
a) [PERSONALIZED OR MADE TO ORDER PRODUCTS]
b) [once the Products are unsealed].
c) [if Products are mixed inseparably with other items after their delivery].
10. RETURN AND REFUND
a) To cancel a Contract in accordance with clause 9 above, you should fill in the cancellation form available on request. The Dispatch Confirmation will also have a link to the cancellation form. On receipt of your cancellation form we will e-mail you confirmation of receipt.
b) You can also e-mail us at [[email protected]] or contact our Customer Services team at [07810 188092] or by post to [4 LONDON ROAD, BENFLEET, ESSEX SS7 5TL]. If you are emailing us or writing to us please include details of your order.
c) If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
d) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at [07810 188092] or by e-mailing us at [[email protected]].
e) We will contact you or give you notice by e-mail or by pre-paid post to the address you provided us with your order.
10.2 If you cancel your Contract we will:
a) refund you the price you paid for the Products after deducting any reduction in the value of the Products that has been caused by your handling them in an unacceptable manner.
b) refund you any delivery costs you have paid calculating them on the basis of the least expensive delivery method that is generally acceptable. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 10.5;
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you notify us that you intend to cancel the Contract.
10.3 If you have returned the Products because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
10.4 Refunds will ONLY be made to your Pay pal Account / Credit or Debit Card used by you when placing your order.
10.5 If a Product has been delivered to you prior to your decision to cancel your Contract:
a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please see our Returns page for our returns address and how to arrange a return.
b) you will be responsible for the cost of returning the Products to us except where the Product is faulty or not as described.
10.6 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 10 or anything else in these Terms. You can seek advice on your legal rights from your local Citizens' Advice Bureau or Trading Standards office.
11.1 We will let you know the estimated delivery date which will be within 10 days after the date of the Dispatch Confirmation. Our delivery date may occasionally be affected by Circumstances Beyond Our Control in which case please see clause 20 below.
11.2 If no one is available at your address to take delivery, we will leave you a note to rearrange delivery.
11.3 Delivery of an Order shall be deemed to be completed when:
(i) we deliver the Products to the address given by you;
(ii) we deliver the Products directly to you; or
(iii) a carrier organized by you to collect Products from us collects the Products from us
and you will be responsible for the Products from that time.
11.4 Upon receipt of full payment (including all applicable delivery charges) you will be the owner of the Products.
11.5 If we fail to deliver Products within 30 days, then you may cancel your Order straight away if any of the following applies to you:
a) we have refused to deliver the Products;
b) delivery within the delivery deadline was essential considering relevant circumstances; or
c) you informed us prior to acceptance of your order that delivery within the delivery deadline was essential.
11.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 11.5, you can specify a new reasonable delivery deadline, and you can cancel your Order if we do not meet the new deadline.
11.7 You can cancel your Order under clause 11.5 or clause 11.6, only for some of the Products [ANY PRODUCT THAT IS NOT PERSONALIZED OR MADE TO ORDER], unless splitting them up would significantly reduce their value.
12. NO INTERNATIONAL DELIVERY
12.1 Unfortunately, we do not delivery to addresses outside the UK.
12.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
13. PRICE AND DELIVERY CHARGES
13.1 Prices of the Products are specified on our site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.
13.2 Delivery cost is included in the price of many of our Products, although some of our products do have a delivery cost, you will be informed of this at checkout. It will be added to the due amount.
13.3 Despite our best efforts, there may be incorrect prices on some of the Products. If the Products' correct price is less than a price shown on our site, the lower amount will be charged. If the Products' correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, un-mistakeable and mis-pricing could have been recognized reasonably by you, we will not be liable to provide the Products to you at the lower price that was incorrect.
Payment for Products is to be made in advance by Pay pal and all major Credit / Debit Cards.
15. THIRD PARTY MANUFACTURER GUARANTEES
Some of the Products have a third party manufacturer's guarantee as provided with the Products. This is in addition to your consumer rights in relation to Products that are faulty or not as described.
16. LIMITATION OF LIABILITY
16.1 We are responsible for loss or damage you suffer that is consequence of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not a consequence of our negligence or our breach of the Terms. Products supplied by us are for non-commercial purposes only. You shall not use the Products for any business or re-sale, commercial purpose. We are not liable to you for any loss of business, loss of profit, loss of business opportunity, or business interruption.
16.2 Exceptions to Limitation of Liability
Our liability does not exclude or limit in any way:
(a) fraud or fraudulent misrepresentation;
(b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(c) defective products under the Consumer Protection Act 1987;
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
breach of the terms implied by section 12 of the Sale of Products Act 1979(title and quiet possession).
17. CIRCUMSTANCES BEYOND OUR CONTROL
17.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.
17.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.
17.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:
17.4 you will be notified as soon as reasonably possible; and
17.5 the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control. If the delivery date is affected by the Circumstances Beyond Our Control, we will reschedule the delivery date with you after the Circumstances Beyond Our Control are over.
17.6 If Circumstances Beyond Our Control occur and you do not wish us to provide the Products, you may cancel the contract in accordance with clause 10. We may cancel the contract if the Circumstances Beyond Our Control continues for more than [EIGHT] weeks in accordance with our cancellation rights in clause 10.
18.1 Any notice to us should be in writing and sent to us by e-mail, by hand, or by pre-paid post to [BUBBLE MOON] at [[email protected]].
18.2 Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the Order.
19.1 We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.
19.2 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.
19.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.
19.4 Each paragraph of these Terms are separate and distinct form other. If any court or relevant authority determines any of paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.
19.5 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.
19.6 English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us. However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland, and you may bring proceedings in Scotland if you are a resident of Scotland.
20. CONTACT US
20.1 For any questions or queries you can contact us at [07810 188092] or e-mail us at [[email protected]].
1.1 We are committed to safeguarding the privacy of our website visitors; in this policy we explain how we will treat your personal information.
2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).
Collecting personal information
3.1 We may collect, store and use the following kinds of personal information:
(a) [information about your computer and about your visits to and use of this website (including [your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths])];
(b) [information that you provide to us when registering with our website (including [your email address])];
(c) [information that you provide when completing your profile on our website (including [your name, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details])];
(d) [information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including [your name and email address])];
(e) [information that you provide to us when using the services on our website, or that is generated in the course of the use of those services (including [the timing, frequency and pattern of service use])];
(f) [information relating to any purchases you make of our [goods] OR [services] OR [goods and/or services] or any other transactions that you enter into through our website (including [your name, address, telephone number, email address and card details])];
(g) [information that you post to our website for publication on the internet (including [your user name, your profile pictures and the content of your posts])];
(h) [information contained in or relating to any communication that you send to us or send through our website (including [the communication content and metadata associated with the communication])]; and
(i) [any other personal information that you choose to send to us].
Using personal information
4.1 Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.
4.2 We may use your personal information to:
(a) [administer our website and business];
(b) [personalize our website for you];
(c) [enable your use of the services available on our website];
(d) [send you goods purchased through our website];
(e) [supply to you services purchased through our website];
(f) [send statements, invoices and payment reminders to you, and collect payments from you];
(g) [send you non-marketing commercial communications];
(h) [send you email notifications that you have specifically requested];
(i) [send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter)];
(j) [send you marketing communications relating to our business [or the businesses of carefully-selected third parties] which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications)];
(k) [provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information)];
(l) [deal with inquiries and complaints made by or about you relating to our website];
(m) [keep our website secure and prevent fraud]; and
(n) [verify compliance with the terms and conditions governing the use of our website [(including monitoring private messages sent through our website private messaging service)]].
4.3 If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.
4.4 Your privacy settings can be used to limit the publication of your information on our website, and can be adjusted using privacy controls on the website.
4.5 We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party's direct marketing.
Disclosing personal information
5.1 We may disclose your personal information to [any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors] insofar as reasonably necessary for the purposes set out in this policy.
5.2 We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy.
5.3 We may disclose your personal information:
(a) to the extent that we are required to do so by law;
(b) in connection with any ongoing or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
(d) [to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling]; and
(e) [to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information].
5.4 Except as provided in this policy, we will not provide your personal information to third parties.
International data transfers
6.1 Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.
6.2 Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: [the United States of America, Russia, Japan, China and India].
6.3 Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.
6.4 You expressly agree to the transfers of personal information described in this Section
Retaining personal information
7.1 This Section 7 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.
7.2 Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
7.3 Notwithstanding the other provisions of this Section 7, we will retain documents (including electronic documents) containing personal data:
(a) to the extent that we are required to do so by law;
(b) if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).
Security of personal information
8.1 We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
8.2 We will store all the personal information you provide on our secure (password- and firewall-protected) servers.
8.3 All electronic financial transactions entered into through our website will be protected by encryption technology.
8.4 You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
8.5 You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).
9.1 We may update this policy from time to time by publishing a new version on our website.
9.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
9.3 We may notify you of changes to this policy [by email or through the private messaging system on our website].
10.1 You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:
(a) the payment of a fee (currently fixed at GBP 10); and
(b) the supply of appropriate evidence of your identity [(for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address)].
10.2 We may withhold personal information that you request to the extent permitted by law.
10.3 You may instruct us at any time not to process your personal information for marketing purposes.
10.4 In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
Third party websites
11.1 Our website includes hyperlinks to, and details of, third party websites.
11.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.
12.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.
13.2 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
13.3 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
13.4 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
13.5 We use both session and persistent cookies on our website.
13.6 Most browsers allow you to refuse to accept cookies; for example:
(a) in Internet Explorer (version 11) you can block cookies using the cookie handling override settings available by clicking "Tools", "Internet Options", "Privacy" and then "Advanced";
(b) in Firefox (version 47) you can block all cookies by clicking "Tools", "Options", "Privacy", selecting "Use custom settings for history" from the drop-down menu, and unticking "Accept cookies from sites"; and
(c) in Chrome (version 52), you can block all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Content settings", and then selecting "Block sites from setting any data" under the "Cookies" heading.
13.8 Blocking all cookies will have a negative impact upon the usability of many websites.
13.9 If you block cookies, you will not be able to use all the features on our website.
13.11 Deleting cookies will have a negative impact on the usability of many websites.
Data protection registration
14.1 We are registered as a data controller with the UK Information Commissioner's Office.
14.2 Our data protection registration number is [number].
15.1 This website is owned and operated by [BUBBLE MOON].
15.3 Our principal place of business is at [4 LONDON ROAD, BENFLEET, ESSEX SS7 5TL].
15.4 You can contact us:
(a) [by post, using the postal address [given above]];
(b) [using our website contact form];
(c) [by telephone, on [the contact number published on our website from time to time]]; or
(d) [by email, using [the email address published on our website from time to time]].