- Terms of Service
Terms of Service
TERMS OF SERVICE
Bubble Tea House Company – Company No: 7431881 VAT No: GB107601252
Our registered address is: 10 High Street, Poole, Dorset, United Kingdom BH15 1BP
Our warehouse address is: Bubble Tea House Company, Ifulfilment, The Runway, Christhchurch, Dorset, United Kingdom BH23 4FL
E. email@example.com T. +44(0)208 1444 104
Please read the terms of service (“Terms and Conditions”) set out below carefully before ordering any Goods or Services from this Website. By ordering any Goods or Services from this Website you agree to be bound by these Terms and Conditions.
2.1. Any contract for the supply of Goods or Services from this Website is between you and Bubble Tea House Company. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide is your own credit or debit card and that you have sufficient funds to make the payment.
2.2. Retail: This website is intended for trade only. Any purchases made for personal use will be treated in the same way as trade purchases.
2.3.1 Trade: Goods and Services purchased from this Website are intended for resale or for the use in the HORECA industry.
2.3.2 VIP Trade: For VIP trade purchases, you will need a VIP trade account. Only as an approved VIP trade merchant you will have access to VIP products and services. All VIP trade goods and services purchased from this Website are intended for resale or for the use in the HORECA industry.
2.4. Please note that some of our Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.
2.5. When ordering from this Website you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
2.6. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
2.7. Any order that you place with us is subject to product availability and acceptance by us. When you place your order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order. Once we have sent the confirmation email we will then check availability and contact you with a further email. If the Goods are available and the details of the order are correct, this email will be deemed an acceptance and will specify delivery details and confirm the price of the Goods purchased. If the Goods are not available or we require additional information/confirmation we will also let you know by email.
2.8. All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. We also reserve the right to alter the Goods or Services available for sale on the Website and to discontinue any product line or service.
2.9. The contract for the Goods or Services will be accepted at the time of dispatch of your order. We will confirm this to you in writing. You must inform us immediately if any details are incorrect. If your order has not been accepted you will be notified of this in writing together with the reasons.
2.10 Best Before Dates
2.10.1 All goods sold at BTHCo. have "best before" date recommendations, not "expiry" dates. By definition, best before date date is recommended for best flavour or quality. It is not a purchase or safety date.
2.10.2 BTHCo. guarantees that all products sold are within their "best before" date.
2.10.3 In the rare occasion that a product is sold past its "best before" date, BTHCo. will ensure that the description, advertisement and any other information relating to the product is made clear to the customer. All items purchased as such are final sale and liability will fall with the customer.
2.10.4 Due to the perishable nature and transportation for the products sold, BTHCo. will aim to have the best possible "best before" dates however, BTHCo. cannot guarantee long "best before" dates.
3. PRICES AND PAYMENT
3.1. All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. Prices are inclusive of the relevant sales tax but exclusive of delivery charges which will be added to your order.
3.2. The total price for Goods or Services ordered, including delivery charges, will be displayed on the Website when you place your order. Full payment must be made before Goods are dispatched or Services provided.
3.3. You must pay for your order before it is delivered and you can do so by debit or credit card. To ensure that shopping online is secure, we will use a third party secure portal where your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also do security checks to confirm it is you making the order.
4.1. Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address nominated by you at the time of ordering. Changes to delivery address nominated by you at the time of ordering may be subject to additional costs.
4.2. Time is not of the essence for the delivery of any Goods or Services supplied under this Agreement.
4.3. All orders are delivered by a reputable courier or Royal Mail. We will make every effort to deliver within the time stated however we will not be liable for any loss caused to you by late ordering. If the Goods are not delivered within the estimated delivery time which we quote, please contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
4.4. No refunds of the delivery charge are made for late deliveries.
4.5. Incomplete orders must be notified to us as soon as possible following delivery and within 3 days of delivery. We will either arrange for the missing items to be delivered to you at no extra cost or refund you the original cost of the missing items.
4.6. All risk in the Goods shall pass to you upon delivery.
4.7. If you fail to accept delivery of the Goods at the time they are ready for delivery, or we are unable to deliver the Goods at the nominated time due to your failure to provide appropriate instructions, documentation, licences, consents or authorisations, then the Goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such Goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver the Goods shall be your responsibility and you shall indemnify us in full for such cost.
4.7.1 For pallet deliveries: if you fail to accept delivery of the Goods at the time they are ready for delivery or we are unable to deliver the Goods at the nominated time due to your failure to provide appropriate instructions, documentation, licenses, consents or authorisations and you require re-delivery of the Goods a re-delivery cost will apply or the Goods will be returned to sender BTH, at which point in order to re-send your items, you will need to pay for additional delivery costs.
4.7.2 If you instruct us to deliver your items "outside" or "to a neighbour" and accept liability by either telephone or written format, you accept liability of delivery then the Goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such Goods shall pass to you.
4.8. You must ensure that at the time of delivery of the Goods adequate arrangements, including labour and access where necessary, are in place for the safe delivery of the Goods. We cannot be held liable for any damage, cost or expense incurred to the Goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
4.9. You must ensure when goods are delivered that you checked the order was delivered in full and in good condition. Once you sign for the order in good condition the responsibility of the Goods shall pass to you.
4.10. Where delivery is outside the UK, you may be liable to pay additional tax or duty once the Goods reach your country. This may vary from country to country. Please contact your local customs office for more information.
4.11. Please note that Goods may be subject to inspection by your local customs office where delivery is outside the UK.
4.12. Where delivery is outside the UK, if the goods fail to be accepted and are returned to our warehouse, we will attempt re-delivery; additional costs may apply. We will notify you by email and will not dispatch again without your prior agreement.
4.13. Where delivery is outside the UK, and a second attemt at delivery was made without success, we will refund the purchase amount but we will not refund the delivery costs incurred.
5. YOUR INFORMATION
5.1. Where we have requested information from you to provide Goods or Services you agree to provide us with accurate and complete information.
5.3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
5.4. This website uses secure 3rd party payment processing portals (SAGEPAY). For protection and security, we do not store your payment/credit card details.
6. CURRENT OFFERS
6.1. All sales and promotions are while quantities last. Limited quantities per transaction apply. We reserve the right to end an offer without prior notice. Offers are not valid in conjunction with VIP or bulk pricing unelss specified. For further details please contact us at firstname.lastname@example.org
7. CANCELLATIONS AND RETURNS
7.1.1 Sometimes the product specifications from the manufacturer may change without notice, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain products and may therefore supply a substitute of the same or better quality at the same price. If you are not happy with the replacement or substitute you can return it in accordance with our Refund Policy. if you are a business, the item is non-refundable.
7.1.2All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
7.1.3 By law, when you (consumer) buy goods within the European Union over the Internet from a UK based company, you have the same rights as if you had bought them from a shop. The law says the goods must "match their description" and be of "satisfactory quality".
7.1.4 You have additional rights when you buy over the Internet including the right to "clear information before you decide to buy" and "cancel your order". However, due to the nature of some of the items sold on our website ("food items"), you cannot cancel purchased goods of a perishable nature, the items are non-refundable. Please check with us directly for a full list of non-refundable items.
7.2.1 You must notify us immediately if you decide to cancel your order preferably by email at email@example.com and quote your order number.
7.2.2 Goods: The time limit for notification of cancellation is 14 calendar days following receipt by you of the Goods. We cannot guarantee that we will be able to stop your order once we receive notice of cancellation as the Goods may already have been dispatched. In these cases the Goods will need to be returned to us and will be treated as "Returns."
7.2.3 Services: The time limit for notification of cancellation is 14 calendar days from the day you ordered and paid for the Services unless you have requested us to commence the Services before the expiry of this period in which case the cancellation period expires when we begin providing the Services to you.
6.2.4 Once we have heard from you that you wish to cancel your order within the stipulated time period we will refund or re-credit your debit or credit card with the full amount within 14 days which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods or the Services, as applicable.
6.2.5 You must ensure that the Goods are returned to us at our warehouse (address as per above) and not our registered address at your cost immediately by courier in good condition and unused.
6.2.6 If you cancel a contract on this basis and you do not return the Goods to us, we may recover the Goods and charge you for the costs we incur in doing so. Similarly, if you return the Goods at our expense, we may recover that expense from you.
6.2.7 A full statement of your legal rights under the Distance Selling Regulations may be obtained in the UK from your local Citizen’s Advice Bureau or Trading Standards Office.
6.3 Returns of non food-items:
6.3.1 Please email firstname.lastname@example.org to inform us of your wish to return Goods quoting your order number. You must ensure that the Goods are returned to us at your cost immediately by courier in good condition and unused. Please note that there is a 20% re-stocking fee for returns of non-food items.
6.3.2 You must ensure that the Goods are returned to us at our warehouse (address as per above) and not our registered address at your cost immediately by courier in good condition and unused.
6.3.3 The cost of collecting or returning the Goods to us must be paid by you unless we agree that the Goods are faulty or damaged upon receipt by you. All refunds or re-credits will be undertaken within 14 days of receipt of goods back into our warehouse after they have been checked in and are found in good condition and unused.
6.3.4 We reserve the right to refuse full and partial refunds for non-food items.
6.3.5. All customised products and sale items are non-refundable.
6.5 Returns of food items:
6.5.1 Pleae note that all food items are non-refundable.
6.6 Returns where Goods are faulty:
6.6.1 We try to select and package the Goods as well as possible to ensure they arrive in good condition. However, if the Goods arrive damaged or not what you ordered, we will replace it free of charge or provide a full refund as appropriate, if you return the Goods to us within 30 days of receipt.
6.7 We recommend that all returned or cancelled Goods are returned using a reputable courier such as Parcel Force or DHL.
6.8 Unless the Goods are faulty or damaged, we are unable to accept cancellations or returns on personalised/made to order or perishable Goods.
8. LINKED SITES
8.1. There may be a number of links on our Website to third party Websites which we believe may be of interest to you. We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the Services or Goods that they may provide to you.
9.1 We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to hello@bubbleteahousecompany. Please advise when you contact us if you would like to receive a copy of our complaints policy which is available upon requeset.
10. LIMITATION OF LIABILITY
10.1. Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, 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 and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
10.2. We disclaim any and all liability to you for the supply of the Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
10.3. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
10.4. We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
10.5. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
10.6. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
11.1. We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
11.2. We may alter or vary the Terms and Conditions at any time without notice to you.
11.3. Payment must be made at the time of ordering the Goods or Services from us. Failure to pay on time will result in either the cancellation of your order or a late payment charge which shall be calculated as interest on the amount due at a rate of 5% over our bank’s lending rate. Interest will be charged on a daily basis from the date of invoice to the date of actual receipt of payment in cleared funds.
11.5. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
11.6. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
10.7. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
11.8. It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.
11.9 Intellectual Property:
11.9.1 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 in our licensers. You are permitted to use this material only as expressly authorised by us or our licensors.
11.9.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only unless otherwise stated in writing by Bubble Tea House Company. 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.
12. MISCELANEOUS PROVISIONS
12.1. 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.
12.2. 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. In relation to business we do not accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim.
12.3. Bubble Tea House Company 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.
12.4. 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 Tea House Company.
12.5. Bubble Tea House Company reserves the right to transfer, assign, novate 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.
12.6. 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.
12.7. No delay or failure by Bubble Tea House Company 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 authorized representative of Bubble Tea House Company.
12.8. 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 Tea House Company relating to the use of this website and sets forth the entire agreement and understanding between you and Bubble Tea House Company for your use of this website.