TERMS AND CONDITIONS
You should read these terms and conditions carefully before buying from us, and we recommend you keep a copy for your own reference.
1. ABOUT US
1.1. [Where the terms are part of a website: This website is owned and operated by: Bubblicious Soaps]
1.2. Contact details: [41 Nuffield Drive, Manor Oaks, Droitwich Spa, Worcestershire, WR9 0DJ]
2. HOW TO PLACE AN ORDER
2.1. [Please click 'buy it now' next to a product you wish to order, continue shopping until complete, proceed to checkout and fill in the relevant information. Postage will be added at checkout, payment can be made via Paypal or using a credit or debit card. Please contact us if you with to pay by any other method.]
2.2. By placing an order you are offering to buy goods from us. We will let you know that we have received your order but this does not mean that your order has been accepted. There is no contract between us until we have accepted your order.
2.3. When we have accepted your order, we will confirm this by [email, post, etc.]. Keep your confirmation in a safe place in case of any query.
2.4. If we cannot supply you with the goods you have ordered, we reserve the right to supply you with substitute goods of similar quality and function. If we supply you with substitute goods, you do not have to keep them and can return them at our cost if they are not acceptable.
3. DELIVERY
3.1. [Delivery will be made via Royal mail for smaller orders or DPD Couriers for large orders. An email will be sent once your order is dispatched]
3.2. Please inspect your delivery and report any goods found to be damaged or faulty as soon as you can.
3.3. Please allow 28 days for delivery (from the date of placing your order) before reporting your order as undelivered. Most items are available for delivery within 28 days of your order. If we are unable to supply you with your goods within this time, we will contact you to let you know and give you a revised delivery date. You will be given the option to cancel or amend your order if this is the case.
3.4. If we fail to supply you, or supply you with goods that you find to be damaged, faulty or misdescribed after a reasonable examination, we will replace the item free of charge or refund your money. In these circumstances we reserve the right to ask you for independent confirmation of any claimed faults.
4. YOUR RIGHTS WHERE GOODS ARE NOT SATISFACTORY QUALITY, FIT FOR THEIR PURPOSE OR MISDESCRIBED
4.1. Repair or replacement
4.1.1. Unless they have faults reported to us as a result of your initial examination of the goods (see 3.2), we will repair any goods that are faulty, unsatisfactory or unfit for their purpose (see 4.1.2), or offer you a like-for-like replacement (see 4.1.3). If we supplied you with the goods more than six months ago, we reserve the right to ask you to prove that the goods were faulty when we supplied them to you.
4.1.2. If we offer you a repair, and a repair is not possible or not possible within a reasonable period of time, we will offer you a refund equivalent to the replacement cost of the item, taking into consideration its age and any fault-free use you have had from it.
4.1.3. If we offer you a replacement and a like-for-like replacement is not available, or not available within a reasonable period of time, we will offer you a refund equivalent to the replacement cost of the item, taking into consideration its age and the fault-free use you have had from it.
4.1.4. Any additional costs associated with repair or replacement of faulty goods will be borne by us. This will include the cost of return delivery of the item to us or to a mutually acceptable third party repairer (see 4.1.6).
4.1.5. Replacements and refunds will be on a like-for-like basis. This means you may not receive a new item as replacement or a full refund if you have had the goods for a while or if you have had a reasonable period of fault free use from them.
4.1.6. We reserve the right to ask for independent third party confirmation of any faults. If this is necessary, we will initially bear the costs but may ask you to reimburse us if the goods are found to be satisfactory. We shall inform you that we intend to seek confirmation of the claimed faults before we do so and who we will be approaching to do this. You may suggest alternative independent third party.
4.1.7. Goods with faults due to normal wear and tear or damage caused by misuse will not be repaired or replaced free of charge.
4.2. Refunds
4.2.1. Full refunds will be given as a result of claims under Section 3.4. All other refunds will be based on the replacement cost of the goods. This means you may not receive all the money you paid.
4.2.2. Money will be refunded to the same account debited during purchase. All refunds and partial refunds will be completed within 30 days.
5. YOUR RIGHTS UNDER THE CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS (DSR)
5.1. You have an unconditional right to cancel your order within seven working days from the day of delivery. PLEASE NOTE: You must take reasonable care of the goods during the cancellation period.
5.1.1. To cancel your order under the DSR:
- Send an email, fax or write to us telling us you wish to cancel your order. Please include your order number or enough information for us to identify you and your order.
- Parcel up the items you are returning securely to minimise any damage that may be caused during delivery. Please include a copy of your notification of cancellation or order confirmation so we can trace your order quickly.
- Return the items to us via an appropriate carrier. PLEASE NOTE that the carriage of returns under the Distance Selling Regulations is at your cost unless we have supplied alternative goods that you have not found acceptable.
5.1.2. Once you have notified us of your intention to cancel the contract we will refund you the cost of your order and its delivery as soon as we can. This will always be within 30 days of your cancellation.
5.2. This section does not affect your legal rights as outlined in sections 3 and 4
6. OUR RETURNS POLICY
6.1. This section does not affect your statutory rights relating to faulty or misdescribed goods (section 4) or your right to cancel orders under the DSR (section 5). If you want more information on these rights, they are available from your local Trading Standards Department or Citizens Advice Bureau.
6.2. [If you have your own “customer satisfaction” policy, explain it clearly and draw attention to where it improves on the contents of sections 3 to 5.]
7. PRICING
7.1. Prices quoted are inclusive of VAT
7.2. From time to time we will have to change the prices of items. This will not affect the status of confirmed orders and in this case you will only pay the price in your order confirmation. If the price of an unconfirmed order changes, we will let you know and give you the option of cancelling the order.
8. ABOUT THESE TERMS
8.1. These terms came into force on the 01/01/13 and apply to all orders made after 12.00hrs on that day.
THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter "Terms") governs your use of our web site (hereafter "web site"). It is vitally important that you read the Terms carefully, as your use of the web site will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These Terms also govern your use or purchase of the products/services provided through or in connection with the web site (hereafter "services"). Each time you use our services, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you may not use the web site(s) or the services provided by Company through its web site(s).
This Website is owned by Bubblicious soaps (hereafter “Company”) , a company whose office is at 41 Nuffield drive, Manor Oaks. Droitwich Spa, Worcestershire WR9 0DJ
The following words used in these Terms shall have the following meanings:
LICENCE AND COPYRIGHT
The Company web site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire content of the web site is copyrighted as a collective work under UK and International copyright laws. Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Company and the copyright owner. Elements of the web site are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
You are not permitted to print and download extracts from this Website.
Copyright Infringement - In accordance with UK and International law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email, to bubblicious_soaps@me.com or by letter to: Bubblicious Soaps, 41 Nuffield drive, Manor Oaks. Droitwich Spa, Worcestershire WR9 0DJ
Copyright Infringement – Digital Millennium Copyright ActIf operating in America: The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe in good faith that materials hosted by Company infringe your copyright, you (or your agent) may send Company a notice requesting that the material be removed or access to it blocked by providing Company’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online web site are covered by a single notification, a representative list of such works at that website;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material;
4. Information reasonably sufficient to permit the Company to contact you, such as a name, address, telephone number, and, if available, an e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to : Bubblicious Soaps, 41 Nuffield drive, Manor Oaks. Droitwich Spa, Worcestershire WR9 0DJ
Company suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Any rights not expressly granted in these terms are reserved.
DISCLAIMER
While Company uses reasonable efforts to include accurate and up-to-date information, Company specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Company web sites, either now operating or created in the future. Company disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. Company disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Company web site.
Company does not make any warranties or representations regarding any data, service and/or information provided or made available by any User on any of the Company web sites or on any external web sites linked to them. In particular, Company does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose.
Without limiting the foregoing, under no circumstances shall Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.
COMPANY WEB SITES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE COMPANY WEB SITES, ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COMPANY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE COMPANY WEB SITES. COMPANY DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE COMPANY WEB SITES. COMPANY DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY WEB SITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE COMPANY WEB SITES AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED TO THE COMPANY WEB SITES.
USER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE COMPANY WEB SITES AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
COMPANY AND ITS WEB SITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, 3rd -PARTIES, ACTIONS OF ANY 3rd-PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, A USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY.
LIABILITY
Company may modify, suspend, discontinue or restrict the use of any portion of the Company web site, including the availability of any portion of the content at any time, without notice or liability.
User acknowledges and agrees that it is virtually impossible to achieve continuous, uninterrupted availability of the Company or any other, web site. While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to our website or service for any one event or series of related events is limited to the total fees which you have paid to us in the 12 months before the event(s) complained of.
In no event (including our own negligence) will we be liable for any:
(a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
(b) loss of goodwill or reputation;
(c) special, indirect or consequential losses; or
(d) damage to or loss of data
(even if we have been advised of the possibility of such losses).
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
INDEMNITY
User agrees to indemnify, defend and hold harmless Company its web site(s) and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding:
1. User use of the Company web site(s);
2. Company's use of any User content or information, as long as such use is not inconsistent with these Terms;
3. Information or material provided through User’s IP address, even if not posted by User; or
4. Any violation of these Terms by User.
GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
We do not warrant that materials, services or information for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. User agrees to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of Company.
MISCELLANEOUS
Section Titles : The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
Incident Reporting : Any complaints regarding violations of these Terms by a User should be directed to Customer Service at bubblicious_soaps@me.com. Where possible, include details that would assist Company in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
Complaints Procedure : We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to contact us at 41 Nuffield drive, Manor Oaks. Droitwich Spa, Worcestershire WR9 0DJ.
ONLINE ACCEPTANCE
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.
These Terms represent the entire understanding between User and Company and supersedes any prior statements or representations. USER AGREES TO THE TERMS OF THIS ONLINE AGREEMENT, by using the web site, it’s services, sign up, posting, downloading and uploading content, and understands that User is entering into a binding and legal agreement with Company.
User agrees to file any claim regarding any aspect of this web site or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or User agrees to waive such claim. User also agrees that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than English courts.
These Terms and Conditions were last updated, and became effective, on 01/01/2013.
Contact Information : Our contact details are as follows:
Company Name: Bubblicious Soaps, 41 Nuffield Drive, Manor Oaks, Droitwich Spa, Worcestershire, WR9 0DJ.
General email: bubblicious_soaps@me.com
Telephone number: 07825 729217
You should read these terms and conditions carefully before buying from us, and we recommend you keep a copy for your own reference.
1. ABOUT US
1.1. [Where the terms are part of a website: This website is owned and operated by: Bubblicious Soaps]
1.2. Contact details: [41 Nuffield Drive, Manor Oaks, Droitwich Spa, Worcestershire, WR9 0DJ]
2. HOW TO PLACE AN ORDER
2.1. [Please click 'buy it now' next to a product you wish to order, continue shopping until complete, proceed to checkout and fill in the relevant information. Postage will be added at checkout, payment can be made via Paypal or using a credit or debit card. Please contact us if you with to pay by any other method.]
2.2. By placing an order you are offering to buy goods from us. We will let you know that we have received your order but this does not mean that your order has been accepted. There is no contract between us until we have accepted your order.
2.3. When we have accepted your order, we will confirm this by [email, post, etc.]. Keep your confirmation in a safe place in case of any query.
2.4. If we cannot supply you with the goods you have ordered, we reserve the right to supply you with substitute goods of similar quality and function. If we supply you with substitute goods, you do not have to keep them and can return them at our cost if they are not acceptable.
3. DELIVERY
3.1. [Delivery will be made via Royal mail for smaller orders or DPD Couriers for large orders. An email will be sent once your order is dispatched]
3.2. Please inspect your delivery and report any goods found to be damaged or faulty as soon as you can.
3.3. Please allow 28 days for delivery (from the date of placing your order) before reporting your order as undelivered. Most items are available for delivery within 28 days of your order. If we are unable to supply you with your goods within this time, we will contact you to let you know and give you a revised delivery date. You will be given the option to cancel or amend your order if this is the case.
3.4. If we fail to supply you, or supply you with goods that you find to be damaged, faulty or misdescribed after a reasonable examination, we will replace the item free of charge or refund your money. In these circumstances we reserve the right to ask you for independent confirmation of any claimed faults.
4. YOUR RIGHTS WHERE GOODS ARE NOT SATISFACTORY QUALITY, FIT FOR THEIR PURPOSE OR MISDESCRIBED
4.1. Repair or replacement
4.1.1. Unless they have faults reported to us as a result of your initial examination of the goods (see 3.2), we will repair any goods that are faulty, unsatisfactory or unfit for their purpose (see 4.1.2), or offer you a like-for-like replacement (see 4.1.3). If we supplied you with the goods more than six months ago, we reserve the right to ask you to prove that the goods were faulty when we supplied them to you.
4.1.2. If we offer you a repair, and a repair is not possible or not possible within a reasonable period of time, we will offer you a refund equivalent to the replacement cost of the item, taking into consideration its age and any fault-free use you have had from it.
4.1.3. If we offer you a replacement and a like-for-like replacement is not available, or not available within a reasonable period of time, we will offer you a refund equivalent to the replacement cost of the item, taking into consideration its age and the fault-free use you have had from it.
4.1.4. Any additional costs associated with repair or replacement of faulty goods will be borne by us. This will include the cost of return delivery of the item to us or to a mutually acceptable third party repairer (see 4.1.6).
4.1.5. Replacements and refunds will be on a like-for-like basis. This means you may not receive a new item as replacement or a full refund if you have had the goods for a while or if you have had a reasonable period of fault free use from them.
4.1.6. We reserve the right to ask for independent third party confirmation of any faults. If this is necessary, we will initially bear the costs but may ask you to reimburse us if the goods are found to be satisfactory. We shall inform you that we intend to seek confirmation of the claimed faults before we do so and who we will be approaching to do this. You may suggest alternative independent third party.
4.1.7. Goods with faults due to normal wear and tear or damage caused by misuse will not be repaired or replaced free of charge.
4.2. Refunds
4.2.1. Full refunds will be given as a result of claims under Section 3.4. All other refunds will be based on the replacement cost of the goods. This means you may not receive all the money you paid.
4.2.2. Money will be refunded to the same account debited during purchase. All refunds and partial refunds will be completed within 30 days.
5. YOUR RIGHTS UNDER THE CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS (DSR)
5.1. You have an unconditional right to cancel your order within seven working days from the day of delivery. PLEASE NOTE: You must take reasonable care of the goods during the cancellation period.
5.1.1. To cancel your order under the DSR:
- Send an email, fax or write to us telling us you wish to cancel your order. Please include your order number or enough information for us to identify you and your order.
- Parcel up the items you are returning securely to minimise any damage that may be caused during delivery. Please include a copy of your notification of cancellation or order confirmation so we can trace your order quickly.
- Return the items to us via an appropriate carrier. PLEASE NOTE that the carriage of returns under the Distance Selling Regulations is at your cost unless we have supplied alternative goods that you have not found acceptable.
5.1.2. Once you have notified us of your intention to cancel the contract we will refund you the cost of your order and its delivery as soon as we can. This will always be within 30 days of your cancellation.
5.2. This section does not affect your legal rights as outlined in sections 3 and 4
6. OUR RETURNS POLICY
6.1. This section does not affect your statutory rights relating to faulty or misdescribed goods (section 4) or your right to cancel orders under the DSR (section 5). If you want more information on these rights, they are available from your local Trading Standards Department or Citizens Advice Bureau.
6.2. [If you have your own “customer satisfaction” policy, explain it clearly and draw attention to where it improves on the contents of sections 3 to 5.]
7. PRICING
7.1. Prices quoted are inclusive of VAT
7.2. From time to time we will have to change the prices of items. This will not affect the status of confirmed orders and in this case you will only pay the price in your order confirmation. If the price of an unconfirmed order changes, we will let you know and give you the option of cancelling the order.
8. ABOUT THESE TERMS
8.1. These terms came into force on the 01/01/13 and apply to all orders made after 12.00hrs on that day.
THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter "Terms") governs your use of our web site (hereafter "web site"). It is vitally important that you read the Terms carefully, as your use of the web site will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These Terms also govern your use or purchase of the products/services provided through or in connection with the web site (hereafter "services"). Each time you use our services, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you may not use the web site(s) or the services provided by Company through its web site(s).
This Website is owned by Bubblicious soaps (hereafter “Company”) , a company whose office is at 41 Nuffield drive, Manor Oaks. Droitwich Spa, Worcestershire WR9 0DJ
The following words used in these Terms shall have the following meanings:
- “Personal Information” shall mean all data and/or information provided by and about User, including e-mail address (es), name, address, credit card, or other payment information, etc.;
- "Company web site" shall mean all web sites on which Company provides products and/or services.
- "Company User" shall mean all Users of the Company web site(s) and services.
- "Company Products and Services" shall mean all products and/or services provided directly by Company;
- “3rd–Parties” include all advertisers, partners and affiliate vendors that are included on, or linked to, the Company web site(s).
LICENCE AND COPYRIGHT
The Company web site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire content of the web site is copyrighted as a collective work under UK and International copyright laws. Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Company and the copyright owner. Elements of the web site are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
You are not permitted to print and download extracts from this Website.
Copyright Infringement - In accordance with UK and International law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email, to bubblicious_soaps@me.com or by letter to: Bubblicious Soaps, 41 Nuffield drive, Manor Oaks. Droitwich Spa, Worcestershire WR9 0DJ
Copyright Infringement – Digital Millennium Copyright ActIf operating in America: The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe in good faith that materials hosted by Company infringe your copyright, you (or your agent) may send Company a notice requesting that the material be removed or access to it blocked by providing Company’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online web site are covered by a single notification, a representative list of such works at that website;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material;
4. Information reasonably sufficient to permit the Company to contact you, such as a name, address, telephone number, and, if available, an e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to : Bubblicious Soaps, 41 Nuffield drive, Manor Oaks. Droitwich Spa, Worcestershire WR9 0DJ
Company suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Any rights not expressly granted in these terms are reserved.
DISCLAIMER
While Company uses reasonable efforts to include accurate and up-to-date information, Company specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Company web sites, either now operating or created in the future. Company disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. Company disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Company web site.
Company does not make any warranties or representations regarding any data, service and/or information provided or made available by any User on any of the Company web sites or on any external web sites linked to them. In particular, Company does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose.
Without limiting the foregoing, under no circumstances shall Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.
COMPANY WEB SITES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE COMPANY WEB SITES, ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COMPANY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE COMPANY WEB SITES. COMPANY DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE COMPANY WEB SITES. COMPANY DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY WEB SITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE COMPANY WEB SITES AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED TO THE COMPANY WEB SITES.
USER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE COMPANY WEB SITES AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
COMPANY AND ITS WEB SITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, 3rd -PARTIES, ACTIONS OF ANY 3rd-PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, A USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY.
LIABILITY
Company may modify, suspend, discontinue or restrict the use of any portion of the Company web site, including the availability of any portion of the content at any time, without notice or liability.
User acknowledges and agrees that it is virtually impossible to achieve continuous, uninterrupted availability of the Company or any other, web site. While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to our website or service for any one event or series of related events is limited to the total fees which you have paid to us in the 12 months before the event(s) complained of.
In no event (including our own negligence) will we be liable for any:
(a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
(b) loss of goodwill or reputation;
(c) special, indirect or consequential losses; or
(d) damage to or loss of data
(even if we have been advised of the possibility of such losses).
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
INDEMNITY
User agrees to indemnify, defend and hold harmless Company its web site(s) and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding:
1. User use of the Company web site(s);
2. Company's use of any User content or information, as long as such use is not inconsistent with these Terms;
3. Information or material provided through User’s IP address, even if not posted by User; or
4. Any violation of these Terms by User.
GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
We do not warrant that materials, services or information for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. User agrees to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of Company.
MISCELLANEOUS
Section Titles : The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
Incident Reporting : Any complaints regarding violations of these Terms by a User should be directed to Customer Service at bubblicious_soaps@me.com. Where possible, include details that would assist Company in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
Complaints Procedure : We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to contact us at 41 Nuffield drive, Manor Oaks. Droitwich Spa, Worcestershire WR9 0DJ.
ONLINE ACCEPTANCE
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.
These Terms represent the entire understanding between User and Company and supersedes any prior statements or representations. USER AGREES TO THE TERMS OF THIS ONLINE AGREEMENT, by using the web site, it’s services, sign up, posting, downloading and uploading content, and understands that User is entering into a binding and legal agreement with Company.
User agrees to file any claim regarding any aspect of this web site or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or User agrees to waive such claim. User also agrees that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than English courts.
These Terms and Conditions were last updated, and became effective, on 01/01/2013.
Contact Information : Our contact details are as follows:
Company Name: Bubblicious Soaps, 41 Nuffield Drive, Manor Oaks, Droitwich Spa, Worcestershire, WR9 0DJ.
General email: bubblicious_soaps@me.com
Telephone number: 07825 729217
