TERMS OF SALE
Zacely Limited t/a Bubble Tea House Company
Registered Address: 10 High Street, Poole, Dorset BH15 1BP United Kingdom
Warehouse Address: Ifulfilment, The Runway, Christchurch, Dorset BH23 4FL United Kingdom
Telephone: +44(0)2081444014
Email: hello@bubbleteahousecompany.com
Company Number: 7431881
VAT Number: GB107601252
Please read the Terms of Sale set out below carefully before ordering any Goods or Services from this Website. By ordering any Goods or Services from this Website (or directly with any of our customer representatives) you agree to be bound by these Terms and Conditions.
Any orders placed with Bubble Tea House Company will be subject to these terms of sale.
All orders, whether placed on this website or directly with a Bubble Tea House Company customer service representative via telephone, email, mail, text, in person or any other means of communication are bound by these terms of sale.
All orders regardless of how they were placed will be treated as if they had been placed on this website and therefore will be treated as subject to these terms of sale.
When you place an order, your quote and/or invoice will clearly state “By processing payment you are accepting the Terms and Conditions stipulated on our Website” regardless of the method you used to place your order.
1. DEFINITIONS
“Agreement” is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you; “Goods” is a reference to any goods which we may offer for sale from our Website from time to time; “Privacy Policy” means the policy displayed on our Website which details how we collect and store your personal data; “Service” or “Services” is a reference to any service which we may supply and which you may request via our Website; “you”, “your” and “yours” are references to you the person accessing this Website and ordering any Goods or Services from the Website; “we”, “us” and “our” are references to Zacely Limited (Trading as Bubble Tea House Company also referred to in this document as BBTHCo.) of 10 High Street, Poole, Dorset, United Kingdom BH15 1BP and “Website” is a reference to our Website www.bubbleteahousecompany.com on which we offer our Goods or Services.
2. ORDERING
2.1. Any contract for the supply of Goods or Services from this Website is between you and BBTHCo. 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: BBTHCo.website is intended for trade only. Any purchases made for personal use will be treated in the same way as trade purchases.
2.3 Trade
2.3.1 Trade: Goods and Services purchased from BBTHCo. 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 BBTHCo. 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 BBTHCo. Website.
2.7. Any order that you place with us is subject to product availability and acceptance by us. When you place your order on BBTHCo. Website 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/payment 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 BBTHCo. 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. Website 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 and it is not an expiry date.
2.10.2 BTHCo. guarantees that all products sold are within their "best before" date unless otherwise specified.
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. Please ensure that you read the title and the description of all products, particularly products titled as CLEARANCE as the reason the item is on CLEARANCE is because it is past its “best before” date. 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. DELIVERY
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 (after an order has been picked, packed or dispatched) 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. Receiving a delivery from BTH
4.5.1. 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 address, 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.
4.5.2. 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.
4.5.3. If you instruct us to deliver your items "outside" or "to a neighbour" by either telephone or written format, you are accepting liability. The liability of delivery of 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.
4.5.4. 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. This includes Royal Mail deliveries, courier deliveries and pallet deliveries. 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.
4.6.Accepting a delivery from BTHCo.
4.6.1. All ownership and risk in the Goods shall pass to you upon delivery.
4.6.2. Upon receipt of a delivery, you must thoroughly check the items received. Once you sign for the order in good condition the responsibility of the Goods shall pass to you. NOTE: Any discrepancies, damages or issues must be reported to BTHCo. within 48hrs of receiving your order.
4.6.3. Incomplete orders
4.6.3.1 in the rare occasion, an order is delivered incomplete, the incomplete order must be notified to us as soon as possible following delivery and within 3 days of delivery. If incomplete orders are not reported within this time we are unable to investigate them, and we will be unable to rectify.
4.6.3.2. If, in the rare occasion, an order is delivered incomplete, we will open an investigation which will lead us to 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.
4.6.4. Damaged/Faulty items in an order.
4.6.4.1. Due to the fragile nature of some of the items sold on the BTHCo. Website, it is important that you check your delivery upon receipt for potential damages. Do not sign for an order in good condition if you have not checked it thoroughly. Once you sign for the order in good condition the responsibility of the Goods shall pass to you and we will be unable to re-send or refund any damaged items.
4.6.4.2. In the rare occasion that your order is delivered with a damaged item, you must report this within 24 hours of your order being delivered. Please ensure to e-mail full details of the damage as well as clear photographs of the damaged item.
4.6.4.3. After we receive the notes of the damaged item, we will open an investigation that, if accurate proof of damage was sent, will lead us to either arrange for the damaged items to be re-sent and delivered to you at no extra cost or we will refund you the original cost of the damaged items.
4.6.4.4. Juice Pobbles and Syrups
4.6.4.5. In the rare event that either a Juice Pobble or a Syrup item (including fructose) is damaged and as a result the liquid stains other product delivered at the same time, we will not be re-sending or issuing a refund for the other product that was affected by the liquid as all products are sealed and you will be able to use these items without any problems.
4.6.5. International deliveries
4.6.5.1.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 before placing an order with BBTHCo. BBTHCo. Will not be liable for lack of due diligence on your behalf.
4.6.5.2 Where delivery is outside the UK, please note that Goods may be subject to inspection by your local customs office where delivery is outside the UK. This may vary from country to country. Please contact your local customs office for more information before placing an order with BBTHCo. BBTHCo. Will not be liable for lack of due diligence on your behalf.
4.6.5.3. 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 will apply for the cost of the goods returned and the re-delivery charges. We will notify you by email and will not dispatch again without your prior agreement.
4.6.5.4. Where delivery is outside the UK, and a second attempt at delivery was made without success, we will not refund any of the delivery costs incurred, including but not limited to first delivery costs, re-delivery costs and returned costs.
4.6.5.5. Where delivery is outside the UK, when an order has been refused and is returned to our warehouse in the UK, we will not refund any of the transportation associated costs, including but not limited to first delivery, re-delivery attempt costs (if any), costs for returning the goods to our warehouse as well as processing costs associated with your order. Your order will also be treated as a return and will be handled accordingly. See section 9 for further details. BBTHCO. will not be liable for lack of due diligence on your behalf.
4.6.5.6. Where in rare occasion, delivery is made to the UK but the customer arranges for an independent company to transport the goods to a secondary location outside of the UK, BBTHCo. Will not be held responsible for any of the export shipment booking, paperwork, duties, taxes, customs clearance, etc. associated with exporting. The sale will be treated as a UK sale as the delivery was made to a UK address.
5. OWNERSHIP OF GOODS
5.1 Our contract of sale ends when the goods are delivered to the address instructed by the customer in the original sale. Ownership of goods is transferred to the customer once goods are delivered and/or singed for in good order.
5.2 If the customer chooses to pick up the goods at our warehouse, the ownership of goods is transferred to the customer once the goos are picked up at our warehouse. Once must be checked at time of pick up to ensure all goods are there and that there are no issues/damages. No claims for damages will be accepted for orders picked up by the customer at our warehouse.
5.3. If the customer chooses to arrange their own shipping, the ownership of goods will apply as per 5.2.
5.4. If the customer instructs BBTHCo. To deliver the goods to a UK address, and then the customer chooses to instruct a 3rd party to organise re-delivery to either a different UK address or an address outside of the UK, the ownership of goods will apply as per 5.1.
6. YOUR INFORMATION
6.1. Where we have requested information from you to provide Goods or Services you agree to provide us with accurate and complete information.
6.2. You authorise us to use, store or otherwise process your personal information in order to provide the Goods or Services to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Goods or Service to you. More information can be found in our Privacy Policy.
6.3. 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.
6.4. This website uses secure 3rd party payment processing portals (STRIPE and may use PAYPAL). For protection and security, we do not store any of your payment/credit card details.
7. CURRENT OFFERS
7.1. All sales and promotions are while quantities last. Limited quantities per transaction apply. We reserve the right to end an offer without prior notice.
7.2. Offers are not valid in conjunction with wholesale or contracted pricing unless specified. For further details please contact us at hello@bubbleteahousecompany.com
7.3. All offers, discount coupons, etc. are valid only for the list prices on www.bubbleteahousecompany.com unless otherwise clearly specified or agreed upon in writing.
7.3. Wholesale or contracted pricing provided by email or other agreement (not visible on this website) is only applicable to orders made by either email or telephone. All wholesale sales are also subject to these Terms of Sale in addition to the Terms of Sale stipulated on the price lists at the time of publication.
8. CANCELLATIONS
8.1 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. The BBTHCo. Is a trade website. Items are non-refundable if we substitute certain product due to the supply chain changing.
8.2. All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
8.3. By law, when you (consumer) buy goods 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".
8.4. 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.
8.5.You must notify us immediately if you decide to cancel your order preferably by email at hello@bubbleteahousecompany.com and quote your order number. If the order has been processed and/or shipped it will be treated as a “Return”.
8.6 Goods: The time limit for notification of cancellation is 1 calendar days following receipt of order confirmation from BBTHCo. to you. We cannot guarantee that we will be able to stop your order once we receive notice of cancellation as the Goods may very likely have already have been dispatched. Most goods dispatch less than 24hrs after the order arrives into our systems. If the order has been processed and/or shipped it will be treated as a “Refund.”
8.7. 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.
8.8. Once we have heard from you that you wish to cancel your order within the stipulated time period and the goods have not been shipped, and the services have not commenced, 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.
9. RETURNS.
Please note that all Juice Pobbles, Machinery, Bespoke, Sale and Clearance sales are final.
9.1. Please email hello@bubbleteahousecompany.com to inform us of your wish to return Goods quoting your order number, where you will receive instructions for the return of items.
9.2. You must ensure that the Goods are returned to us at our warehouse ( Zacely, Park, 6 Gables Way, Thatcham RG19 4ZA, United Kingdom) and not our registered address at your cost.
9.3. Goods must be returned by either a reputable courier or pallet in good condition and unused.
9.4. Once the goods are received at our warehouse, we will notify you. The goods will be checked and once they are considered to be in good condition and unused we will be able to accept back into stock.
9.5. All refunds or credits will be undertaken within 14 days of receipt of goods and once goods are accepted by into stock.
9.6. The cost of collecting or returning the Goods to us must be paid by you.
9.7. Returns of non-food items:
9.7.1 We reserve the right to refuse full and partial refunds for non-food items.
9.7.2. All machines are non-refundable unless clearly proven and shown by clear video that they are faulty within 24hrs of receiving the items.
9.7.2 All customised products and sale items are non-refundable.
9.8 Returns of food items
9.8.1 All food items are non-refundable.
9.9 Returns where goods are faulty.
9.9.1 We try to select and package the Goods as well as possible to ensure they arrive in good condition. However, if in the rare occasion that 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 14 days of receipt.
9.9.2. After you notify us of the goods that will need to be returned because they are faulty and we will organise collection at our cost. Please refer to 4.6.4 for full details regarding damaged/faulty items.
9.10. All returns are subject to a 20% re-stocking fee.
9.11. All Special pricing and contract pricing orders are considered final sale and are non-refundable/non-returnable.
9.12. All Export sales are considered final sale and are non-refundable/non-returnable.
10. LINKED SITES
10.1. 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.
11. COMPLAINTS
11.1 We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to hello@bubbleteahousecompany.
12. LIMITATION OF LIABILITY
12.1. 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.
12.2. 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.
12.3. 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.
12.4. 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.
12.5. 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.
12.6. 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.
13. GENERAL
13.1. 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.
13.2. We may alter or vary the Terms of Sale at any time without notice to you.
13.3. 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.
13.4. The Terms of Sale together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms of Sale and any other term or provision on the Website, these Terms of Sale shall prevail.
13.5. 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.
13.6. These Terms of Sale 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.
13.7. 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.
13.8. 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.
13.9 Intellectual Property:
13.9.1 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.
13.9.2 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.
14. MISCELANEOUS PROVISIONS
14.1. 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.
14.2. 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.
14.3. 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.
14.4. 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.
14.5. 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.
14.6. 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.
14.7. 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.
14.8. 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.