Terms and Conditions
These Terms and Conditions (together with the documents referred to in them) tell you the Terms and Conditions on which we supply any of the Goods listed on the Website to you. Please read these Terms and Conditions carefully before ordering any goods from our Website.
Website: our Website www.standinabubble.com on which the Goods are advertised.
Goods: the products we are selling to you as set out in the Order.
Order: your Order for the purchase of our Goods.
Store: the on-line store on www.standinabubble.com from which you make a purchase.
Contract: the legally binding agreement between you and us for the supply of Goods.
1. As user of this Website (referred to as ‘you/your’) you acknowledge that any use of this Website, including any transactions you make, are subject to the non-negotiable Terms and Conditions below. Before placing an Order on the Website, you will be asked to click the button marked ‘I agree with Terms and Conditions’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a Contract and are at least 18 years old.
2. www.standinabubble.com (referred to as the ‘Website’) is operated by Bubble Shows (referred to as ‘Bubble Shows/we/our/us’) of Kemp House, 152-160 City Road, London, EC1V 2NX with email address firstname.lastname@example.org.
3. We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on the Website and it is your responsibility to read the Terms and Conditions on each occasion you use the Website and your continued use of the Website shall signify your acceptance to be bound by the latest Terms and Conditions.
4. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the Website.
5.The products on our website are presented as accurately as possible. The images you see will depend on your monitor's display and colour capabilities. We are therefore unable to guarantee that the product images you see are an accurate representation of the actual merchandise.
6. We warrant that on delivery, the Goods shall be of satisfactory quality, be free from material defects in design, material and workmanship, and comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
7. This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, or you fail to follow our instructions, or you make any alteration or repair without our prior written approval.
8. These Terms and Conditions also apply to any replacement Goods if the original Goods were faulty.
9. Except as set out in these Terms, all warranties, conditions and other Terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
10. Please see Delivery and Returns for more information. All orders that you place on this Website will be subject to acceptance in accordance with these Terms and Conditions.
11. Your Order represents an offer to us to enter into a Contract to purchase Goods from the Store on our Website. Once you have completed an on-line purchase from the Store, if we are able to accept your Order, we will send you an email confirming receipt of your Order and the Order details. At that point, a Contract between us will exist.
12. We shall assign an order number to the Order and inform you of it in the Order confirmation or delivery note. Please quote the order number in all subsequent correspondence with us relating to the Order.
13. Acceptance of your Order and the completion of the Contract between you and us will take place on dispatch to you of the Goods ordered unless we have notified you that we do not accept your Order (please see Payment for more information).
14. Whilst we are under no obligation to accept your Order, we would normally do so where (i) the Goods are available, (ii) the Order reflects current pricing and (iii) your credit card/debit card payment is approved by your credit card/debit card company.
15. Unfortunately, we cannot accept Orders from persons under the age of 18.
16. We do recommend however that you print out these Terms and Conditions and the Order acknowledgement for your records.
17. We take payment from your card at the time we receive your Order once we have checked your card details and stock availability.
18. Goods are subject to availability. If we are unable to supply the Goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the Goods.
19. The price you pay is the price displayed on this Website at the time we receive your Order.
20. Payment can be made by Credit/Debit Card.
21. Title to any Goods you order on the Website shall pass to you on delivery of the Goods provided that we have processed and received payment in full for the Goods.
22. We can recover any Goods in respect of which ownership has not passed to you at any time. You agree to, immediately following written request for us, allow us such access to the Goods (and to such premises as are required to access to the Goods) as is required by us in order to facilitate such recovery.
23. All prices are shown in £’s sterling and exclude VAT (where applicable) at the applicable current rates and include delivery charges to the UK as estimated on Store (please see Delivery for further details).
24. We use Parcelforce for the delivery of your Order.
25. This Website is for delivery of Goods to customers in England, Scotland, Wales & Northern Ireland. Goods must be signed for by an adult aged 18 years or over on delivery.
26. Delivery charges and estimated time scales are specified on Store. We make every effort to deliver Goods within the time scales estimated; however delays are occasionally inevitable due to unforeseen factors. Bubble Shows shall be under no liability for any delay or failure to deliver the products within estimated time scales.
27. Risk of loss of products and damage to products passes to you on the date when the products are delivered and signed for.
28. Any visible damage and or shortages observed at the time of delivery, must be advised to the Parcelforce delivery driver at the time of receipt of the Order, then reported to Bubble Shows at email@example.com within three working days of the delivery; failure to do so will mean we are unable to enter a claim against the carrier, which will mean we will be unable to entertain any claim from you.
29. We offer a 14-day refund policy. If you are not completely satisfied with your purchase, simply notify us at firstname.lastname@example.org, within 7 working days following receipt of your Order, so we can arrange return and refund. We will issue a full refund less any delivery charges incurred.
30. In the unlikely event that you receive faulty or damaged goods or if you are returning something because of an error on our part, we will refund the total cost of the item/items including delivery charges incurred in sending the item to you and cover the cost of return postage to Bubble Shows.
31. All weights and measurements are approximate, and every effort has been made to ensure that the information is correct. However, we reserve the right to amend colours, specifications and prices where necessary.
32. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensor's.
33. You acknowledge and agree that the material and content contained within this Website is made available for your personal non-commercial use only and that you may only download such material and content for using this Website. You further acknowledge that any other use of the material and content of this Website is strictly prohibited, and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Liability and Indemnity
34. Nothing in these Terms and Conditions excludes or limits liability for fatal/personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
35. Subject to Section 34 above, Bubble Shows will use reasonable endeavours to verify the accuracy of any information on the Website but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy & reliability of the Website. Bubble Shows will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. Bubble Shows accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the Website.
36. Subject to Section 34 above, other than as expressly provided in these Terms and Conditions with respect to specific products and except for the exclusive remedies set out in Returns above, any indemnities, warranties, Terms and Conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
37. Subject to Section 34 above, Bubble Shows will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms and Conditions.
38. Notwithstanding the above, subject to Section 34 above, Bubble Shows aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
39. This Liability and Indemnity clause does not affect your statutory rights as a consumer, nor does it affect your Contract cancellation rights.
40. We will take all reasonable precautions to keep the details of your Order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused because of unauthorized access to information provided by you.
41. The Contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the Contract.
42. We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for neither loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
43. Bubble Shows shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
44. You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related Order for products to any third party unless agreed upon in writing by Bubble Shows.
45. Bubble Shows reserves the right to transfer, assign, or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
46. If any portion of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms and Conditions shall not be affected.
47. No delay or failure by Bubble Shows to exercise any powers, rights or remedies under these Terms and Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Bubble Shows.
48. These Terms and Conditions including the documents or other sources referred to in these Terms and Conditions, supersede all prior representations, understandings and agreements between you and Bubble Shows relating to the use of this Website (including the Order of products) and sets forth the entire agreement and understanding between you and Bubble Shows for your use of this Website.
You can contact us at email@example.com or by writing to Bubble Shows, Kemp House, 152-160 City Road, London, EC1V 2NX.
Bubble Shows may change this policy from time to time by updating this page. You should check this page when placing an Order to ensure that you are happy with any changes. This policy is updated and effective from 06/04/2020.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
Personal Data we collect
- Contact information including your full name, email address and phone number.
- Transaction information to process your Orders and Returns, including billing address, shipping address and your credit/debit card numbers.
The Website is designed for use by people aged 18 years or over and we do not knowingly collect any personal data from anyone under 18 years old.
Like most websites we use Google Analytics to help us to analyse the use of our website by means of cookies. Cookies are small text files with simple anonymous information in them, sent to your web browser by a web server. They help website owners measure how visitors interact with website content and cannot harm your computer in any way. A cookie in no way gives us access to your computer or any personal information about you, other than the data you choose to share with us.
How and why we use your Personal Information
GDPR requires all businesses to have a lawful basis to process personal data about a customer/prospective customer.
This is the meaning of each legal basis which applies:
Contract Using your data is necessary because we are taking steps at your request before you enter into a contract for an exchange of goods.
Legitimate interests Using your data is necessary for the legitimate interests of us or someone else. We can only use your information if the legitimate interest is not outweighed by your rights and interests. The ‘Soft opt-in’ exemption means we may contact you after we have provided goods to you, without affirmative consent, so long as we only contact you about our own similar products or services and do not send you marketing emails or texts.
Legal Processing your data is necessary for compliance with a legal obligation to which we are subject: keeping accounting for HMRC for up to 6 years.
Here are the reasons why we process your personal data:
Processing data is necessary to complete the transaction and to deliver to you the goods which you have ordered.
Legal basis Contract
Our legitimate interests are providing and improving Bubble Shows’ service to customers. After we have provided goods to you, we may contact you by email or phone about delivery and returns.
Legal basis Legitimate interests (‘Soft opt-in’)
Holding sales data is necessary as we are legally required to keep accounts for HMRC for up to 6 years.
Legal basis Legal obligations
Where we store your data
When you give us personal data we take steps to ensure it is treated securely and it is only used for Delivery and Returns or for us to contact you about an order. We also maintain an Order history of your purchases for our records. You may ask us to delete this information at any time. We will not sell, distribute or lease your personal information to any other organisation unless we have your permission or are required by law to do so.
Your Personal Information is recorded and stored electronically, not on paper records, and is only shared with third parties where this is necessary to complete an Order placed through the Website, including processing your payment information.
If you have bought something from us and you choose to deliver items to a third party (such as a friend) we will have their name and address.
By using our Website you consent to your Personal Information only being shared with third parties where this is necessary to fulfil any orders placed through the Website, including processing your payment information, arranging for shipping, and providing you with order confirmations.
We are the controller of your information and we use yola.com to host our website
We use square.com to power our online Store and process payments
We use Parcelforce for the delivery of your order
Your rights under GDPR:
We will comply with data protection law. This says that the personal information we hold about you must be:
- Used lawfully, fairly and in a transparent way.
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
- Adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed.
- Accurate and kept up to date.
- Kept in a form that identifies you for only as long as necessary for the purposes we have told you about.
- Kept securely.
Under GDPR there are 8 fundamental rights, which affect how we can collect, store and use data. They are:
- the right to be informed. We must be completely transparent about how your personal data is being used.
- the right of access. You have the right to know exactly what information is held about you and how it is processed.
- the right to rectification. You will be entitled to have personal data rectified if it is inaccurate or incomplete.
- the right to erasure of your personal data, also known as ‘the right to be forgotten’. You have the right to have your personal data deleted or removed without the need for a specific reason why you wish to discontinue.
- the right to restrict processing. You have the right to block or suppress processing of your personal data.
- the right to data portability. You may retain and reuse your personal data for your own purpose.
- the right to object to processing of your personal data.
- the rights in relation to automated decision making and profiling. This is to protect you against the risk that a potentially damaging decision is made without human intervention. For example you can choose not to be the subject of a decision where the consequence has a legal bearing on you or is based on automated processing.
You can use your rights under GDPR to request details of personal information which we hold about you. A small fee will be payable. If you would like a copy of the information held on you please contact us at firstname.lastname@example.org or write to Bubble Shows, Kemp House, 152-160 City Road, London, EC1V 2NX.
We hope you are happy about how we use your personal data. If you are not, please contact us at email@example.com.
If you believe that any information we are holding on you is incorrect or incomplete, please email us at firstname.lastname@example.org or write to us at the above address, as soon as possible. We will promptly correct any information found to be incorrect.
You can complain about how we use your personal data at any time to the Information Commissioner’s Office: https://ico.org.uk/concerns/