TERMS AND CONDITIONS
1 . Introduction
This Website is operated by Bubble & Squeak Baby
Access to and use of this website and the products and services available through this website ("Services") are subject to the following terms, conditions and notices (the "Terms of Service"). When you use this website or buy via this website you are agreeing to all of the Terms of Service, as may be updated by us from time to time.
Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this website.
2 . Privacy Policy
All details given to us will be treated with the strictest confidence, all information held is kept in a secure server and is not released to any 'third parties' whatsoever, we fully comply with the Data Protection Act.
3 . Your Conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not our website, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
For fraudulent purposes, or in connection with a criminal offence or other unlawful activity To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" To cause annoyance, inconvenience or needless anxiety. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. bubbleandsqueakbaby.com .com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4 . Intellectual Property, Software and Content
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bubble & Squeak Baby, its affiliates or its content suppliers and is protected by international copyright, author's rights and database right laws. The compilation of all content on this website is the exclusive property of Bubble & Squeak Baby and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of Bubble And Squeak Baby, our affiliates or our software suppliers and is protected by international copyright and authors' rights laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without Bubble & Squeak Baby’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Bubble And Squeak Baby's express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without Bubble And Squeak Baby's express written consent.
5 . Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and there are no guarantees as to delivery times. In order to use the Services made available by the website you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any request made by you. If your order is accepted we will inform you by e-mail and we will confirm the identity of the party which you have contracted with. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this e-mail will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. All prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
(c) Payment
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
6 . Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
7 . Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Bubble & Squeak Baby and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Bubble & Squeak Baby.
8 . Indemnity
You agree to indemnify, defend and hold harmless Bubble & Squeak Baby, its employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
9 . Variation
Bubble & Squeak Baby shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
10 . Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
11 . Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
12 . Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
13 . Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
14 . Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Bubble & Squeak Baby. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Bubble & Squeak Baby.
15 . Force Majeure
If Bubble & Squeak Baby is prevented or delayed (directly or indirectly) from making delivery of the Products or any portion of the Products on the agreed date of delivery or from otherwise performing this or any part of this agreement by reason of act(s) of God, war, embargo, riot(s), strike(s), lock-out(s), trade dispute(s), fire(s), break-down, inclement weather, interruption of transport, Government action, delay in delivery to Bubble & Squeak Baby of any goods or materials or by any cause whatsoever (whether or not of like nature to those specified above) in each case outside such Bubble & Squeak Baby’s control («force majeure»), neither party hereto shall be under any liability whatsoever to the other party by reason of such event.