TERMS AND CONDITIONS
These General Terms and Conditions are used by BubbleTabs, located in Leerdam at Wilna 8, 4141 MX. BubbleTabs is a sole proprietorship which is registered in the trade register of the Chamber of Commerce under number 82578575. The company run by BubbleTabs operates a webshop. You can easily contact us if you have any questions.
ARTICLE 1 – APPLICABILITY
- The counterparty of BubbleTabs is the natural or legal person to whom BubbleTabs has provided any quotation, made an offer or with whom it has concluded an agreement, hereinafter referred to as 'Buyer'.
- These General Terms and Conditions apply to every quotation made to the Buyer, offer made to the Buyer and agreement concluded with the Buyer.
- In addition to these General Terms and Conditions, additional terms and conditions may apply to specific products. In the event of a discrepancy between the applicable General Terms and Conditions and specific product terms and conditions, the additional terms and conditions shall prevail unless otherwise agreed.
- If a provision of these General Terms and Conditions is at any time wholly or partially null and void or is annulled, the remainder of the agreement and these General Terms and Conditions will remain in force and the provision in question will be immediately replaced in mutual consultation by a provision that reflects the scope of approximates the original provision as much as possible.
ARTICLE 2 – THE OFFER
- Every offer from BubbleTabs is without obligation. BubbleTabs is entitled to change and adapt the offer.
- If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
- The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Buyer. The description includes in any case:
a. the price including taxes;
b. the period for acceptance of the offer, or the period within which BubbleTabs guarantees the price;
c. any shipping costs;
d. any costs for remote communication;
e. the minimum duration of the distance contract in the case of a long-term transaction. - The buyer expressly agrees to receive the information referred to in paragraph 3 of this article on a durable data carrier other than paper.
- Images shown by BubbleTabs are intended to be a true representation of the products offered. However, BubbleTabs cannot guarantee that the properties shown, including at least the colors shown, exactly match the actual product properties.
- Specifications, images and other data that represent the offer are only an indication and can never give rise to a claim for compensation, termination of the agreement or any other claim arising from non-conformity of the delivered goods.
- Obvious mistakes and/or errors in the offer do not bind BubbleTabs.
ARTICLE 3 – THE AGREEMENT
- Since BubbleTabs' offer is without obligation, the agreement between BubbleTabs and the Buyer is concluded at the time that the offer is not withdrawn by BubbleTabs after acceptance.
- BubbleTabs can - within the applicable legal frameworks - inquire whether the Buyer can meet his payment obligations, as well as all the facts and factors that are important for a responsible conclusion of the distance contract. If BubbleTabs, in its opinion, has reasons not to enter into the agreement, it is entitled to withdraw its offer or attach special conditions to the agreement.
- If BubbleTabs intends to honor its offer, BubbleTabs will confirm receipt of the acceptance of the offer. If acceptance by the Buyer has taken place electronically, the aforementioned confirmation will also take place electronically.
- Every agreement is entered into by BubbleTabs under the condition precedent of sufficient availability of the products that must be delivered by BubbleTabs in accordance with the agreement.
ARTICLE 4 – BUYER'S RIGHT OF WITHDRAWAL
- When purchasing products, the Buyer has the option to terminate the agreement without giving reasons within 14 days. This cooling-off period commences on the day after receipt of the order by the Buyer or a representative designated in advance by the Buyer and announced to BubbleTabs.
- During the cooling-off period, the Buyer will handle the product and packaging with care. The buyer will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.
- The buyer exercises his right of withdrawal by informing BubbleTabs in writing of the decision to withdraw (using contact details at the beginning of the General Terms and Conditions). The buyer can use the model withdrawal form referred to in Annex I part B of Directive 2011/83/EU (page 22). BubbleTabs confirms Buyer's receipt of the declaration.
- If the Buyer exercises his right of withdrawal, he will return the product to BubbleTabs with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by BubbleTabs.
- BubbleTabs will collect the delivered product at its expense if it has been delivered to the Buyer's home upon conclusion of the agreement and the product due to its nature cannot be returned with the regular postal/parcel service.
- If a product is damaged as a result of careless handling by the Buyer, the Buyer is liable for any depreciation in value of the product.
- After termination, the buyer has 14 days to return the delivered products.
- BubbleTabs ensures that the full order amount including shipping costs is credited. Only the costs for return shipment after cancellation are borne by the Buyer.
- The amount owed by BubbleTabs will be refunded as soon as possible, but no later than 14 days after dissolution, under the condition that the product has already been returned by BubbleTabs or conclusive proof of complete return can be provided by the Buyer.
- Refunds will be made via the same payment method used by the Buyer unless the Buyer expressly consents to another payment method.
- The right of withdrawal does not apply to products, among other things:
a. that are manufactured according to the specific wishes of the Buyer;
b. that are intended for a specific person;
c. that spoil quickly or have a limited shelf life;
d. which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
e. the price of which is dependent on fluctuations in the financial market over which BubbleTabs has no influence.
ARTICLE 5 – THE PRICE
- The prices quoted by BubbleTabs include VAT.
- If the offer contains a validity period, the prices of the products offered will not be changed, except for price changes as a result of changes in VAT rates.
- Notwithstanding the previous paragraph, BubbleTabs may offer products whose prices are subject to fluctuations in the financial market and over which BubbleTabs has no influence, at variable prices. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
- BubbleTabs is entitled to adjust, including increase, a price agreed with the Buyer three months after the effective date of the agreement. The buyer will be notified in writing of such a price change.
- All prices are subject to printing and typographical errors. In the event of printing and typographical errors, BubbleTabs is not obliged to deliver the product at the incorrect price. No liability is accepted for the consequences of printing and typographical errors.
ARTICLE 6 – PAYMENT
- The buyer has the obligation to immediately report any inaccuracies in payment details provided or stated to BubbleTabs.
- Unless otherwise agreed, the price owed by the Buyer must be paid within 7 working days after receipt of the product to be delivered.
- The Buyer is not permitted to offset a claim of BubbleTabs against the Buyer against a claim of the Buyer against BubbleTabs.
- If the applicable payment term is exceeded by the Buyer, the Buyer is legally in default and owes default interest of 8% per year. Unless the statutory (commercial) interest is higher than the contractually agreed interest, the Buyer owes it.
5. If BubbleTabs takes collection measures against the Buyer who is in default, the costs of these measures, with a minimum of € 50 per unpaid invoice, will be borne by the Buyer. To the extent that the Buyer did not act in the exercise of a profession or business, BubbleTabs is entitled to extrajudicial collection costs in an amount equal to the maximum legally permitted compensation with regard to the extrajudicial collection costs, as determined in and calculated in accordance with the Reimbursement Decree. for extrajudicial collection costs, insofar as the outstanding amount - after the default has occurred - is not paid after a reminder within 14 days from the day after the day of the reminder by the Buyer.
ARTICLE 7 – DELIVERY
1. Delivery is made to the address that the Buyer has communicated to BubbleTabs. If the Buyer has provided an incorrect delivery address, he will inform BubbleTabs as soon as possible.
2. BubbleTabs makes every effort to deliver the order to the Buyer as soon as possible. Orders placed before 10:00 PM on workdays will be shipped the next day.
3. Before concluding the agreement, Profeit will provide the Buyer with an indication of the expected maximum delivery time. The stated delivery time cannot be regarded as a strict deadline. In some cases, products are not in stock or BubbleTabs is otherwise unable to deliver the product within the estimated delivery time. BubbleTabs will inform the Buyer as soon as possible in those cases.
4. If delivery of a product is impossible in BubbleTabs' opinion or cannot reasonably be expected of BubbleTabs, BubbleTabs will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. Profeit will bear the costs of any return shipment of a replacement product.
5. Delivery costs are not included in the product price. The delivery costs are €3.00 or €4.95 per package. Delivery costs are free for orders over EUR 40.
ARTICLE 8 – RESERVATION OF TITLE
1. All products delivered by BubbleTabs remain the property of BubbleTabs until the Buyer has fulfilled all his obligations arising from the agreement underlying the delivery, at the discretion of BubbleTabs.
2. The buyer is obliged to store the goods delivered under retention of title in such a way that it is recognizable that they are the property of BubbleTabs.
3. The buyer is not authorized to pledge or encumber in any other way the items falling under the retention of title.
4. If third parties seize the goods delivered under the retention of title or wish to establish or enforce rights thereon, the Buyer is obliged to inform BubbleTabs of this as soon as can reasonably be expected.
5. The buyer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection upon first request.
6. The goods delivered under retention of title may not be resold or used as a means of payment.
7. In the event that BubbleTabs wishes to exercise its ownership rights, the Buyer undertakes to provide full cooperation and the Buyer now gives the unconditional and irrevocable permission to BubbleTabs or third parties to be designated by it to enter the places where BubbleTabs' property is located. located.
ARTICLE 9 – CONFORMITY AND WARRANTY
1. BubbleTabs guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, BubbleTabs also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by BubbleTabs, manufacturer or importer, does not affect the legal rights and claims that the Buyer can assert against BubbleTabs under the agreement.
3. Any defects or incorrectly delivered products must be reported to BubbleTabs in writing within 4 weeks of delivery. Products must be returned in the original packaging and in new condition.
4. The BubbleTabs warranty period corresponds to the manufacturer's warranty period. However, BubbleTabs is never responsible for the ultimate suitability of the products for each individual application by the Buyer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
The buyer has repaired and/or edited the delivered products himself or has had them repaired and/or edited by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or are contrary to the instructions of BubbleTabs and/or on the packaging;
The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
ARTICLE 10 – LIABILITY AND LIMITATION
1. In the event that BubbleTabs is liable for any shortcoming or tort towards the Buyer, any indirect damage and/or consequential damage and/or delay damage and/or lost turnover and profit are excluded from its possible obligation to pay compensation.
2. The limitation of any damage liability on the part of BubbleTabs referred to in this article does not apply to the extent that the damage is caused by intent or deliberate recklessness on the part of Profeit or its subordinates.
3. Contrary to Article 3:310 of the Dutch Civil Code, any claim for compensation expires one year after the start of the day following the day on which the Buyer became aware of both the damage and BubbleTabs' liability.
ARTICLE 11 – CONFIDENTIALITY AND PRIVACY
1. BubbleTabs and the Buyer mutually undertake to maintain confidentiality of all information that has become known to them by virtue of the legal relationship existing with the other party and of which it should reasonably be known that the information should be considered confidential or secret.
2. BubbleTabs processes personal data of the Buyer in the context of the preparation or execution of the agreement. Profeit attaches great importance to the protection of personal data and respects the privacy of the Buyer. BubbleTabs therefore ensures the lawful processing of personal data in accordance with applicable legislation (including in any case the General Data Protection Regulation) and informs the Buyer clearly and transparently about this.
3. In particular, BubbleTabs takes appropriate technical and organizational measures to secure the electronic transfer of personal data and ensures a safe web environment.
4. BubbleTabs' Privacy Statement can be consulted via the website: Privacy Policy.
ARTICLE 12 – GOVERNING LAW AND DISPUTES
1. Dutch law applies to the legal relationship between BubbleTabs and the Buyer.
2. Complaints regarding products supplied by BubbleTabs must be reported in writing by the Buyer to BubbleTabs immediately after discovery, but no later than within 14 days, by sending an e-mail to info@bubbletabs.nl
3. BubbleTabs will respond to the Buyer's complaint as soon as possible, but no later than within 14 days. If a complaint requires a foreseeably longer processing time, Profeit will inform the Buyer within 14 days. To the extent possible, BubbleTabs simultaneously provides an indication of the time within which the Buyer can expect a response.
4. If BubbleTabs and the Buyer cannot reach a solution together, the Buyer can report his complaint via the ODR platform of the European Commission via http://ec.europa.eu/odr to the extent that the complaint is not yet being processed elsewhere. is.
ARTICLE 13 – ADDITIONAL OR DIFFERENT PROVISIONS
1. The Buyer can only rely on provisions deviating from these General Terms and Conditions to the extent that they have been expressly accepted in writing by BubbleTabs.
2. BubbleTabs is permitted to change these General Terms and Conditions. The amended General Terms and Conditions also apply to existing agreements between the Buyer and BubbleTabs