These terms and conditions apply to the use of this website at www. bubbleemporium.co.uk (the “Website”). By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
These Terms will apply to the use of this Website and any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before you use this Website. By accessing this Website and/or placing an order, you agree to be bound by these Terms. Using this Website indicates that you accept these Terms regardless of whether or not you choose to register with us or order from us. If you do not accept these Terms, do not use this Website.
These Terms may be amended from time to time as set out in clause 9 below. Please check these Terms to ensure you understand the rights and obligations that will apply each time you wish to order Products. These Terms were most recently updated on 18th June 2018.
1 Contacting us
1.1 If you wish to contact us for any reason, our contact details are found on our contact page
1.2 To cancel an order in accordance with your legal right to do so please see the information in clause 11 below in relation to the options available to you.
How we may contact you
1.3 If we need to contact you, or give you notice in writing, we will do so by telephone or email. If you are emailing us please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date we receive the email.
Communications between us
1.4 Any references to "writing" or "written" in these Terms includes email.
2 Our Products
2.1 The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours and designs accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Or that the graphical layout will be identical. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Website may vary from the specification set out in the order.
2.3 The packaging of the Products may vary from that shown on images on our Website.
3 Use of our Website
3.2 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
4.1 To register with the Website you must be over 16 years of age.
4.2 Each registration is for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network.
4.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
4.4 We may suspend or cancel your registration immediately at our discretion or if you breach any of your obligations under these Terms.
5 How we use your personal information
6 Ordering from us
6.1 When making an order through our Website, the webpages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each webpage of the order process.
6.2 You are deemed to place an order with us by entering your payment details. We will then send you an email acknowledging that we have received your order, which details the Products you have ordered. However, please note that this does not mean that your order has been accepted by us. Our acceptance of your order will take place as described in clause 6.3 below.
6.3 Our acceptance of an order takes place when we send you an email confirming that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation, even if your payment has been processed at an earlier stage, unless we have notified you that we do not accept your order or you have cancelled your order. However, in limited circumstances we may be unable to provide you with a Dispatch Confirmation. If we do not send you a Dispatch Confirmation, our acceptance of an order will take place when we post the Products to you.
6.4 If we are unable to accept your order, for example because a Product is out of stock or no longer available or we cannot meet your requested delivery date or there was an error in price on our Website (as referred to in clause 15.4), we will inform you of this by email and we will not continue to process your order. If you have already paid for your order, we will refund you the full amount including any delivery costs charged as soon as is reasonably possible. For the avoidance of doubt, if there are two or more Products in your order and one or more of those Products is delivered, we will not refund the delivery charge. We will only refund the delivery charge if we are unable to accept your order as a whole and no Products are delivered to you at all. If you have ordered a Product and you have paid a specialised delivery charge and we cannot deliver that Product, we will refund the specialised delivery charge irrespective of whether or not that Product is part of a larger order. Please note if a specialised delivery charge applies to a Product this will be made clear to you on the shopping basket page of our Website.
6.5 We may refuse to accept an order:
(a) where Products are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error;
(d) if we cannot meet your requested delivery date;
(e) if you do not meet any eligibility criteria set out in these Terms;
(f) if the order is to be delivered outside of the United Kingdom;
(g) if your order for Products which we have personalised or customised for you (Personalised Products) contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous or in breach of privacy.
6.6 We reserve the right to brand all of our Personalised Products.
7 Our right to make changes to these Terms
7.1 We may amend these Terms at any time by updating this webpage. Please look at the top of this webpage to see when these Terms were last updated.
7.2 Every time you place an order with us the Terms on our Website, being those in force at the time of your order, will apply to the Contract between you and us.
7.3 If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
7.3 If we need to revise these Terms in relation to orders placed by you but not yet delivered, we will contact you to give you reasonable advance notice of the changes and give you the option to cancel the Order if you are not happy with the changes. You may cancel either in respect of all the Products affected by these changes or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
8 Changing or cancelling an order for Personalised Products
8.1 If you have placed an order for a Personalised Product, you will only be able to change or cancel your order in the following circumstances:
You will have 30 minutes from the time that you place an order for a Personalised Product to change or cancel that order. After the 30 minutes have passed, a Personalised Product will be sent for production and you will not be able to cancel or change it.
8.2 To change an order for a Personalised Product, please follow the instructions and link provided to you in the email acknowledging that we have received your order which will allow you to amend the personalisation and/or delivery address. Please note you will only be able to change the personalisation within the time periods specified above.
8.3 Please check the spelling and accuracy of any Personalised Products on screen before you place your order as you will not be entitled to a refund in respect of any Personalised Products which contain a misspelling that you are responsible for and which you fail to amend in accordance with clause 10.1 above.
9 Your consumer right of return and refund
9.1 Consumers have a legal right to cancel an Order. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Order and receive a refund. Further advice about your legal right to cancel your order is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of any Personalised Products that have been sent for production (see clause 10);
Our right to cancel
9.3 We reserve the right to cancel any order at any time and issue a full refund.
9.4 We will refund you by the same method of payment that you used to place your order.
Returns and exchange
9.5 If a Product has already been delivered to you and you decide to return it to us, then you must contact it to us without undue delay and in any event not later than 14 days after the day on which you received the order.
9.6 Unless the Product is faulty or not as described (please see clause 9.9), you will be responsible for the cost of returning the Products to us.
9.7 Subject to you contacting us in accordance with clauses 9.5 above, we will contact you by email to advise whether you have satisfied our returns terms and are eligible for a refund and, if necessary, provide further information detailing how to proceed with your return.
9.8 You can return Products to the address found on our contact page
9.9 If you have returned the Product to us in accordance with this clause because it is faulty or does not match its description, we will refund the price of the Product in full, together with any applicable delivery charges, and any reasonable costs you have incurred in returning the Product to us. if you are returning a Product under this clause. Please be aware you will be required to produce a photo of the damage and/or problem with a Product before a refund will be authorised.
9.10 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. 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 11 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.1 We will deliver orders within a maximum of 5 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control.
10.2 We will deliver the Products ordered by you to the address which you give for delivery when you make your order. You may specify a delivery address which is different from your billing address, if, for example, you would like us to deliver the Products directly to a friend, a relative, or to your place of work.
10.3 If any of the details you have given us in your delivery address are incorrect, we accept no liability for any items which have not been received.
10.4 If no one is available at the delivery address given to accept the delivery, one of our carriers will leave you a card that the Products have been returned to our premises or the premises of any carrier which we use, in which case, please follow the instructions on the card to rearrange delivery. Please note that if you do not rearrange delivery, the Products will be returned to our premises.
10.5 Delivery of an order shall be completed when we deliver the Products to the delivery address given in the order process or to any other location nominated by you. The risk and responsibility in the Products will sit with you from that time.
10.6 You own the Products once we have received payment in full (including all applicable delivery charges) and the delivery of the Products is completed in accordance with clause 12.5.
10.7 If Products are not delivered within 5 days of the order being received as set out in clause 12.1 above (unless such delivery is delayed by an Event Outside Our Control), then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery period was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery period was essential.
10.8 If you do not wish to cancel your order straight away, you can contact us to give us a new reasonable deadline for delivery. If we fail to meet this new deadline, which must be reasonable, you may cancel your order.
10.9 If you wish to cancel your order for late delivery under clause 10.7 or clause 10.8 above, you may cancel the order for some or all of the Products, unless splitting the Products would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
10.10 Our normal working hours are Monday to Friday 9.00am-5.30pm and we only dispatch orders during these timescales. All delivery and dispatch timescales quoted on the Website do not include weekends or public holidays. However, please be aware that these working hours do not apply to production. We may still produce items outside of these hours and on weekends and on public holidays.
10.11 Some postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain may not be covered by our normal delivery services and so we may have to contact you to advise you of extra postal charges.
11 Our liability in relation to delivery
11.1 Provided that we take the steps outlined in this clause, we will not be liable for out of pocket expenses or other costs incurred due to failed or delayed deliveries. If there is a substantial risk of delay, you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.
11.2 If the Products you have ordered do not arrive within 30 days of placing the order we accept no liability, so far as permitted by law, unless you have contacted us via email within this period.
12 Price of Products
12.1 The price of the Products will be the price indicated on the order webpages when an order is placed. We will take all reasonable care to ensure that the price advised to you is correct. However, please see clause 15.4 for what happens in the event we discover an error in the price of any Products ordered.
12.2 All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
12.3 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
12.4 Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
13.1 If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised order value and appropriate discount level. Please note you can only use one discount code per order.
14.1 You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from us.
14.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these Terms, any use of extracts from this Website other than in accordance with clause 14.1 for any purpose is prohibited. If you breach any of these Terms, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
14.3 No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
15 Links to and from other websites
15.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
15.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the pages of this Website.
16.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the Products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
16.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Terms might have effect in relation to this Website.