As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with.
1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are Shops Bubble Limited whose trading name is Shops Bubble a company registered in England and Wales under number 14050170 whose registered office is at 86-90 Paul Street, London, EC2A 4NE with email address [email protected]; (the Supplier or us or we).
2. These are the terms on which we sell all Services to you. Before placing an order on the Mobile Application, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Services and Goods from the Mobile Application if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Services;
5. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
8. Order means the Customer's order for the Services from the Supplier as submitted following the step by step process set out on the Mobile Application;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Mobile Application;
10. Services means the services advertised on the Mobile Application, including any Goods, of the number and description set out in the Order;
11. Mobile Application means our Mobile Application ”Shops Bubble” on which the Services are advertised.
12. Shops Bubble operates as a courier and delivery service facilitating the transportation of items from local stores to users.
13. Shops Bubble is not a vendor or seller. We do not own or sell the items listed on the platform. Our role is strictly limited to providing a delivery service.
14. The description of the Services and any Goods is as set out in the Mobile Application, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
15. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
16. All Services which appear on the Mobile Application are subject to availability.
17. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
18. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
19. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
20. When registering to use the Mobile Application you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
21. We retain and use all information strictly under the Privacy Policy.
22. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
23. The description of the Services and any Goods in our Mobile Application does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Mobile Application, we can reject it for any reason, although we will try to tell you the reason without delay.
24. The Order process is set out on the Mobile Application. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
25. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
26. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
27. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
28. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Mobile Application at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
29. Fees and charges include VAT at the rate applicable at the time of the Order.
30. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
31. We commit to delivering the Services, including any Goods, to the specified Delivery Location within the agreed-upon time or, in the absence of an agreement, within a reasonable timeframe.
32. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
33. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
34. We reserve the right to deliver the Goods in instalments in the event of stock shortages or other genuine and fair reasons. This is subject to the provided conditions, and you will not incur additional charges.
35. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
36. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
37. Users are responsible for initiating returns directly with the respective store if they wish to return an item without involving Shops Bubble.
38. Alternatively, users may contact Shops Bubble support to arrange a return through our service. A return cost will be incurred, calculated based on factors such as item size, quantity, and distance. We cannot guarantee that we will be able to assist in facilitating a return on your behalf. If you opt to initiate a return for an item previously purchased through the Mobile Application using Shops Bubble services, and we have agreed to assist with the return, the following conditions must be satisfied:
39. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
40. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
41. Shops Bubble is not liable for the quality, condition, or suitability of items purchased through the Mobile Application. Users are encouraged to review the store's product descriptions, reviews, and policies before making a purchase.
42. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
43. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
44. As outlined in these Terms and Conditions, you have the right to cancel this contract within a specified timeframe (cancellation period) without providing any reason. The cancellation period is contingent upon our availability to assign a delivery person to your order. Once the delivery person accepts the order, indicating that the order is being processed and will be delivered soon, the contract cannot be cancelled.
45. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
46. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our Mobile Application . If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
47. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
48. We must not begin the supply of a service before the end of the cancellation period unless you have made an express request for the service.
49. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
50. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.
51. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
52. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods (including receipts) or hand them back to the delivery person without delay. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
53. For the purposes of these Cancellation Rights, these words have the following meanings:
54. We have a legal duty to supply the Services in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
55. Upon delivery, the Services will:
56. It is not a failure to conform if the failure has its origin in your materials.
57. We will supply the Services with reasonable skill and care.
58. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
59. The Contract continues as long as it takes us to perform the Services.
60. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
61. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
62. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
63. In the event of any failure by a party because of something beyond its reasonable control:
64. Shops Bubble reserves the right to modify, update, or change these Terms & Conditions at any time without notice.
65. It is the user's responsibility to review the Terms & Conditions periodically. Continued use of the Mobile Application after changes have been made constitutes acceptance of the modified Terms & Conditions.
66. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
67. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy and Cookies Policy.
68. For the purposes of these Terms and Conditions:
69. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
70. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
71. For any enquiries or complaints regarding data privacy, you can e-mail: [email protected].
72. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
73. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
74. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
75. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 10 business days.
76. These Terms and Conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
To Email address: [email protected]
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received) Name of consumer(s): Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)
Date
[*] Delete as appropriate.