BUBLSHOP LTD
TERMS AND CONDITIONS OF SALE AND SUPPLY
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Definitions and Interpretation
1.1 In these Conditions:
“Buyer” means the person, firm, or company purchasing Goods or Services from the Company.
“Company” means Bublshop Ltd (company number 08750528), whose registered office is at Bublshop Limited Mere Road, Peacemarsh, Gillingham, England, SP8 4EU.
“Contract” means the agreement between the Company and the Buyer for the supply of Goods and/or Services, incorporating these Conditions.
“Goods” means the goods, materials, or other items supplied by the Company to the Buyer under the Contract.
“Services” means any installation, advisory, or other services supplied by the Company, whether or not connected with the supply of Goods.
“Order” means any order from the Buyer for Goods and/or Services placed with the Company in writing, online, or by other agreed means.
“Insolvency Event” means any event where a party becomes unable to pay its debts or suffers any analogous insolvency process.
“Carrier” means any third-party courier, haulier, or other transport provider engaged to deliver the Goods to the Buyer.
1.2 References to statutory provisions include all subordinate legislation, modifications, re-enactments, or replacements thereof.
1.3 These Conditions shall apply to and be incorporated in all Contracts to the exclusion of any other terms proposed by the Buyer.
1.4 No variation to these Conditions shall be binding unless expressly agreed in writing and signed by an authorised representative of the Company.
1.5 All communications and documentation under the Contract shall be in English.
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Formation of Contract
2.1 The Buyer’s Order constitutes an offer to purchase Goods and/or Services from the Company.
2.2 A binding Contract shall arise only upon the earlier of:
(a) the Company issuing a written or electronic confirmation of acceptance of the Order; or
(b) the Company doing any act consistent with fulfilling the Order.
2.3 The Company may reject any Order for any reason, including where Goods are unavailable or a pricing error has occurred.
2.4 Illustrations, descriptions, and specifications appearing on the Company’s website, catalogues, or advertising are for guidance only and shall not form part of the Contract.
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Prices and Payment
3.1 Prices are as stated on the Order confirmation or otherwise agreed in writing and are exclusive of VAT and delivery charges, unless expressly stated.
3.2 The Company may adjust prices prior to acceptance of an Order to reflect changes in cost of materials, labour, or transport.
3.3 Unless otherwise agreed in writing, payment shall be made in full within 30 days of the date of invoice.
3.4 Time of payment shall be of the essence. If payment is not received when due, the Company may:
(a) suspend or cancel deliveries or performance; and/or
(b) charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.
3.5 The Company may set off any sums due from the Buyer against sums owed to the Buyer.
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Delivery and Performance
4.1 Delivery dates are estimates only. Time for delivery or performance shall not be of the essence unless expressly agreed in writing.
4.2 The Company will use reasonable endeavours to deliver Goods within the stated timescale; however, delays caused by supply chain issues, weather, or other circumstances beyond the Company’s control shall not give rise to liability.
4.3 The Buyer shall ensure that the delivery location is accessible and safe. Delivery will be to ground floor entrance level only, unless otherwise agreed.
4.4 Risk in the Goods passes to the Buyer upon delivery. Title shall not pass until full payment has been received.
4.5 If the Buyer fails to take delivery of the Goods, the Company may store them at the Buyer’s risk and charge reasonable storage and insurance costs.
4.6 Where delivery is arranged by the buyer via a third-party courier or haulier, risk in the Goods shall pass to the Buyer upon collection by that carrier. The Company shall not be liable for any loss, theft, or damage to the Goods during transit unless such loss or damage results directly from the Company’s negligence.
4.7 Any performance figures, yield estimates, system outputs, or similar data supplied by the Company are provided for guidance only. Such figures are dependent on site-specific conditions, installation quality, user behaviour, and local climate factors. Actual performance may vary, and the Company gives no warranty or guarantee that stated performance levels will be achieved.
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Inspection and Acceptance
5.1 The Buyer shall inspect the Goods upon delivery. Any damage, shortage, or discrepancy must be notified to the Company in writing with supporting photographic evidence within 24 hours of delivery.
5.2 If no notice is received within that period, the Goods shall be deemed accepted.
5.3 The Company shall, at its option, repair, replace, or refund the price of defective Goods notified in accordance with this clause.
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Returns and Re-Stocking
6.1 Return of non-faulty Goods shall be at the Company’s discretion and subject to a 10% re-stocking charge.
6.2 Returned Goods must be unused, in original packaging, and accompanied by proof of purchase.
6.3 Refunds or credits will only be issued once the Company has inspected and approved the returned Goods.
6.4 For safety and resale reasons, the Company will not accept the return of any equipment or components that have been installed, connected, or otherwise used, excepting normal warranty processes.
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Warranty and Faulty Goods
7.1 The Company warrants that the Goods shall, at the time of delivery:
(a) conform with their description and any agreed specification;
(b) be of satisfactory quality and fit for their intended purpose (where such purpose has been made known to the Company in writing); and
(c) be free from material defects in design, workmanship, and materials.
7.2 Certain Goods are supplied with a manufacturer’s warranty. Such warranty is provided directly by the manufacturer, and it is the Buyer’s responsibility to follow the manufacturer’s claim procedure.
7.3 The Company’s liability under this warranty is limited to the replacement or repair of defective Goods, or refund of the price paid, at the Company’s discretion.
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Services
8.1 The Company shall perform Services with reasonable skill and care in accordance with good industry practice.
8.2 The Buyer shall ensure that all necessary site access, facilities, and information are available to enable the Company to perform the Services safely and efficiently.
8.3 Any labour warranty for Services shall be for a period of 24 months from completion.
8.4 Any advice, design layout, system configuration, or performance estimate provided by the Company is for general guidance only. The Buyer remains solely responsible for determining the suitability of such information for its intended purpose. The Company accepts no liability for any reliance placed upon such information unless expressly agreed in writing by an authorised representative of the Company.
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Force Majeure
The Company shall not be liable for any delay or failure in performance due to circumstances beyond its reasonable control, including but not limited to strikes, fire, flood, severe weather, transport delays, or the failure of suppliers or subcontractors. In such cases, performance shall be suspended for a reasonable period.
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Termination
10.1 The Company may suspend or terminate the Contract immediately by written notice if:
(a) the Buyer fails to pay any sum when due;
(b) the Buyer commits any material breach of Contract and fails to remedy it within 14 days of notice;
(c) the Buyer becomes subject to an Insolvency Event; or
(d) the Company reasonably believes the Buyer is unable to pay its debts.
10.2 Termination shall be without prejudice to the Company’s accrued rights or remedies.
10.3 On termination, all sums owing to the Company shall become immediately due and payable.
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Liability and Insurance
11.1 Nothing in these Conditions limits or excludes liability for death or personal injury caused by negligence, fraud, or other liability that cannot legally be excluded.
11.2 Subject to 11.1, the Company’s total liability for any claim arising under or in connection with the Contract shall not exceed the price paid for the Goods or Services giving rise to the claim.
11.3 The Company shall not be liable for any indirect, consequential, or economic losses, loss of profit, or business interruption.
11.4 The Buyer shall maintain adequate insurance for any risk associated with the handling or storage of the Goods.
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Intellectual Property and Confidentiality
12.1 All drawings, designs, data, and materials provided by the Company remain its property and must not be copied, disclosed, or used other than for the purpose of the Contract.
12.2 The Buyer shall not reproduce or use any of the Company’s intellectual property (including trademarks, images, and written material) without prior written consent.
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Trade and Credit Accounts
13.1 Trade and/or credit accounts are granted at the Company’s discretion, subject to satisfactory credit checks and references.
13.2 The Company may withdraw or amend credit facilities at any time.
13.3 Where credit terms are exceeded, the Company may suspend all further deliveries or Services.
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General
14.1 The Contract constitutes the entire agreement between the parties and supersedes all prior discussions and agreements.
14.2 The Buyer shall not assign or transfer any rights or obligations without the Company’s prior written consent.
14.3 No failure or delay by the Company to exercise any right shall constitute a waiver.
14.4 If any provision is held to be invalid or unenforceable, the remaining provisions shall continue in full force.
14.5 The Contract and any dispute arising under it shall be governed by and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.
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Copyright
All content, text, images, and materials published by or on behalf of Bublshop Ltd are protected by copyright. Reproduction, distribution, or modification in any format is prohibited without prior written consent.
